Topic
Declaratory Judgment
290 published works
Hunton Insurance Recovery Blog
Insurer Can’t Dismiss Church’s Claim for Declaratory Relief
By Latosha M. Ellis, Adriana A. Perez
A federal court recently denied an insurer’s motion to dismiss an insured’s claim for declaratory relief. The insurer argued that the policyholder’s declaratory judgment claim was redundant of its breach…
The Brand Protection Blog
From Non-Infringement to No Jurisdiction: Does a Finding of Non-Infringement Moot a Request for Declaratory Judgment of Invalidity in Trademark Cases?
The trademark dispute that has been steadily escalating between Illinois-based Citizens Equity First Credit Union (“Citizens”) and California-based San Diego County Credit Union (“SDCCU”) could be headed to the Supreme…
Maine Appeals
Keeping Form Subservient to Substance in Rule 80B (and 80C) Actions
What is the proper remedy when a party challenges a municipal action under Rule 80B, but the court later determines that this was the wrong procedural vehicle to challenge the…
PrawfsBlawg
Is Declaratory Judgment the Answer to Republican Forum Shopping?
Main Friday, March 31, 2023Is Declaratory Judgment the Answer to Republican Forum Shopping?UCLA Professor Jonathan Zasloff, my friend and coauthor, has an intriguing article today on The American Prospect, suggesting…
The Trademark Blog
SDNY DJ Action: Musical based on P.D. novel “Anne of Green Gables”
Our firm, Leason Ellis, has filed a declaratory judgment action on behalf of plaintiff, Anne With An E, a theatrical producer that is developing a musical based on the 1908…
IP Intelligence
Patent Declaratory Judgment Jurisdiction: Are Patentees Communicating Too Much?
By Derek Freitas, Scott Danielson
Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action. See e.g., Silent…
Patents Post-Grant
PTAB Stay Calculus Considers DJ History
By Scott McKeown, Scott McKeown Wolf Greenfield
Court Takes Issue with DJ Filing Prior to IPR Patent infringement defendants seek IPR of patents asserted against them at the PTAB as an alternative to higher cost litigation. That…
Biosimilars Law Bulletin
Declaratory Judgment Jurisdiction Over Skinny Label Applications: <i>In re: Entresto</i> (Sacubitril/Valsartan) Patent Litigation
On September 27, 2022, Judge Richard Andrews of the District of Delaware granted Novartis’s motion to dismiss declaratory judgment (“DJ”) counterclaims raised by two generic drug manufacturers in the ongoing…
Religion Clause
Physicians Ask Arizona Court To Reconcile Competing Abortion Laws
In Arizona, a physician and the Arizona Medical Association have filed a declaratory judgment action in an Arizona trial court asking the court to clarify which of two competing laws…
HeplerBroom Blog
How and When to Present Residency Evidence Can Be Key to Trial Success
By Isaac Melton
by Isaac R. Melton Most home and auto insurance policies contain one or more clauses implicating the coverage afforded based on the residency of a named insured or someone seeking…