Topic
Declaratory Judgment
291 published works
Zalma on Insurance
Bad Faith Requires an Effective Insurance Policy
By Barry Zalma
No Contractual Right to Benefits No Bad Faith Post 4846 See the full video at https://rumble.com/v592i7v-bad-faith-requires-an-effective-insurance-policy.html and at https://youtu.be/s424IL9WziU The USDC granted the motion of insurer Medical Protective Co. (Med…
Commercial Case Notes
Declaratory Judgment Claim Dismissed as Duplicative of Breach of Contract Claim
By John Lundin
On April 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Exceed LLC v. Relo LLC, 2024 NY Slip Op. 31439(U), dismissing a declaratory…
Commercial Case Notes
Declaratory Judgment Claim Dismissed Because Other Claims Provided the Relief Sought
By John Lundin
On March 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Barons Media, LLC v. Shapiro Legal Group, PLLC, 2024 NY Slip Op. 30710(U),…
HEIRS & SUCCESSES
Declaratory judgment & the Necropolis
A declaratory judgment is a statement a court makes to resolve a legal issue without coercion. Unlike court orders, declaratory judgments are not coercive in nature. However, if a party…
California Construction Law Blog
Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief
By Garret Murai
Perhaps it should come as no surprise, but public entities get special treatment under the law, and when filing a claim against a public entity, in…
Commercial Case Notes
Motion to Dismiss Declaratory Judgment Claim Considered Motion for Judgment on That Claim in Defendant’s Favor
By John Lundin
On January 24, 2024, the Second Department issued a decision in 88-18 Tropical Restaurante Corp. v. Utica First Ins. Co., 2024 NY Slip Op. 00289, holding that a motion to…
Virginia Rocket Docket Blog
EDVA Rules That a Demand Letter to Amazon Creates Declaratory Judgment Jurisdiction
One issue a patent owner faces when attempting to enforce its patent is the notice given to a potential infringer. By sending a demand letter to a potential infringer, a…
Tort Talk
Federal Court Applies Abstention Doctrine To Declaratory Judgment Action
In the case of Assoc. Ind. Ins. Co., Inc. v. 101 West Lehigh, LLC, No. 2:23-CV-03736-CFK (E.D. Pa. Oct. 31, 2023 Kenney, J.), the Motion of a necessary party/Defendant to…
Civil Procedure
The Utility of a Declaratory Judgment Action
By pferrernlrg-com-paul-a-ferrer
Lawletter Vol 48 No. 3 The Utility of a Declaratory Judgment Action Paul Ferrer—Senior Attorney Most states, as well as the federal government, have enacted…
Tort Talk
Federal Court Punts On Declaratory Judgment Action Involving Insurance Coverage Questions
Ray GuyLegendary Raiders PunterIn the case of Mesa Underwriters Spec. Ins. Co. v. Alisha Real Estate, LLC, No. 2:23-CV-01281-GJP (E.D. Pa. Sept. 7, 2023 Pappert, J.), the court granted a…