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Declaratory Judgment

291 published works

  1. Energy & the Law

    Court Finds Declaratory Judgment Action, Not Trespass to Try Title

    By Charles Sartain

    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…

  2. 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…

  3. Harness Dickey Blog

    Not so fast — Letters to Customers + Customer Litigation Required More Analysis Before Dismissing a DJ Action

    By Andrea Gabrisch

    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…

  4. Property Insurance Coverage Law Blog

    Insurer’s Declaratory Judgment Action After Denial Ruled Untimely

    By Christina Phillips

    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”),…

  5. Paul W. Mollica Federal Courts Blog

    Ninth Circuit Holds That Conditional Counterclaim for Damages Does Not Bring Declaratory Action Within Court’s Mandatory Jurisdiction

    By Paul W. Mollica

    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…

  6. Big Molecule Watch

    Alvotech’s E.D. Va. Declaratory Judgment Action Against AbbVie Transferred to N.D. Ill.

    By Sean Anderson

    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…

  7. 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…

  8. Insurance Law Hawaii

    Court Dismisses Coverage Action In Lieu of Pending State Case

    By Tred R. Eyerly

        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…

  9. 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

    By Squire Patton Boggs

    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…

  10. 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…