Topic
Declaratory Judgment
291 published works
Energy & the Law
Court Finds Declaratory Judgment Action, Not Trespass to Try Title
Co-author Trevor Lawhorn SM Energy Co. v. Union Pac. R.R. Co. considers a question frequently asked in Texas suits affecting title: When is a suit a trespass to try title…
Commercial Litigation Update
Sexy Little Claims: Declaratory Judgments in Trademark Infringement Claims
By Thomas Kane, Maximilian D. Cadmus
For better or worse, trademark infringement claims enjoy relaxed standing requirements which enable plaintiffs to move quickly to quash would-be infringers. These requirements are at their lowest ebb when parties…
Harness Dickey Blog
Not so fast — Letters to Customers + Customer Litigation Required More Analysis Before Dismissing a DJ Action
In Mitek Systems, Inc., v. United States Automobile Association, [2021-1989] (May 20, 2022), the Federal Circuit affirmed a California district court decision transferring Mitek’s DJ action to Texas, and vacated…
Property Insurance Coverage Law Blog
Insurer’s Declaratory Judgment Action After Denial Ruled Untimely
The Townes of Cedar Ridge Condominium Association (“Cedar Ridge”) was damaged as a result of a March 2019 hailstorm. Cedar Ridge informed its insurer, Travelers Indemnity Company of America (“Travelers”),…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Holds That Conditional Counterclaim for Damages Does Not Bring Declaratory Action Within Court’s Mandatory Jurisdiction
In Argonaut Ins. Co. v. St. Francis Med. Cntrs., No. 19-17314 (9th Cir. Nov. 17, 2021), the Ninth Circuit holds that the ordinary rule that (1) a declaratory-relief claim brought…
Big Molecule Watch
Alvotech’s E.D. Va. Declaratory Judgment Action Against AbbVie Transferred to N.D. Ill.
On Friday, October 22, 2021, Judge Raymond A. Jackson of the Eastern District of Virginia (E.D. Va.) transferred Alvotech USA and Alvotech hf.’s (jointly, “Alvotech”) declaratory judgment suit against AbbVie…
SALT Shaker
Are declaratory judgments the answer to the question of needed guidance?
By Nikki Dobay, Eric Tresh, Jeremy Gove
In this episode of the SALT Shaker Podcast, new host and Eversheds Sutherland Associate Jeremy Gove is joined by colleagues and Eversheds Sutherland Partners Nikki Dobay and Eric Tresh to…
Insurance Law Hawaii
Court Dismisses Coverage Action In Lieu of Pending State Case
The insurer's coverage action was dismissed by the federal court in favor of the pending case in state court. Southern-Owners Ins. Co. v Marquez, 2021 U.S. Dist. LEXIS…
Global IP & Technology Law Blog
When Cease-and-Desist Letters Create a Risk of a Declaratory Judgment Backlash: Observations from Trimble Inc. v. PerDiemCo LLC
With its recent decision in Trimble Inc. v. PerDiemCo LLC, the Federal Circuit has opened the door for declaratory judgment actions a bit wider. The Court reversed the Northern District…
Zalma on Insurance
Failure of Standing Removes Declaratory Relief Action Back to State Court
By Barry Zalma
Attempt at Class Action Against Insurer Bounce Back to State Court No court really likes to deal with class action suits, especially when they seek prospective action. In Leroy Mack…