Topic
Declaratory Judgment
291 published works
Tort Talk
Injured Plaintiff’s Desire To Recover on Defendant’s Liability Coverage Not Sufficient to Support Intervention in a Coverage Action
In the case of Crum & Forster Specialty Ins. Co. v. American Diamond Builders, Inc., No. 20-1608 (E.D. Pa. July 31, 2020 Joyner, J.), the court denied a personal injury…
Paul W. Mollica Federal Courts Blog
First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered
In WM Capital Partners 53, LLC v. Barreras, Inc., No. 19-1364 (1st Cir. Sept. 22, 2020), the First Circuit dismisses the appeal of a declaratory judgment where summary judgment was…
Tort Talk
Plaintiff’s Bid to Prevail in Defendant’s Coverage Action with Liability Carrier Rejected
In the case of State Farm Fire & Cas. Co. v. Worontzoff, No. 2:20-CV-839-GAM (E.D. Pa. Aug. 6, 2020 McHugh, J.), the court granted an insurance company’s Motion to Strike…
Minding Your Business
Can a Declaratory Judgment Protect My Company From a Price Gouging Lawsuit?
By Nicollette R. Moser, Nathaniel Miller, Kelly Landers Hawthorne, Jennifer Tarr, John R. Ingrassia, Christopher E. Ondeck
Much of the discussion to date regarding price gouging laws has rightly focused on the two core elements of a price gouging lawsuit: what constitutes a violation and what are…
Wiley Executive Summary
Connecticut Federal Court Declines to Dismiss First-Filed Declaratory Judgment Action in Deference to Insured’s California State Court Action
The United States District Court of Connecticut, applying federal law, has denied an insured’s motion to dismiss or stay the insurer’s first-filed declaratory judgment action in deference to a subsequently…
Paul W. Mollica Federal Courts Blog
Union Took Wrong Route to Challenge Inclusion in Declaratory Judgment, Holds Seventh Circuit
In Shakman v. Clerk of the Circuit Court, No. 19-2772 (7th Cir. Aug. 13, 2020), the Seventh Circuit dismisses an appeal on the ground that the union bringing it was…
Paul W. Mollica Federal Courts Blog
No Federal-Question Jurisdiction Over Declaratory Action Complaint to Block Federal-Law Defense, Holds Eleventh Circuit
In Patel v. Hamilton Medical Center, Inc., No. 19-13088 (11th Cir. July 30, 2020), the Eleventh Circuit holds that there is no federal-question subject matter jurisdiction over a declaratory action…
Insurance Law Hawaii
Court Stays Coverage Action Filed under Declaratory Judgment Act
The federal district court, district of Hawaii, stayed the coverage action to allow the underlying state court action to proceed, United States Fire Ins. Co. v. Prieto, 2020 U.S.…
The D&O Diary
No Coverage for Legal Expenses Incurred in Declaratory Judgment Action
In an interesting decision that touches on a number of basic D&O insurance coverage issues, a federal district court judge applying Oklahoma law has ruled that a company’s management liability…
PrawfsBlawg
On invalidating laws and universal declaratory judgments
Main Monday, July 06, 2020On invalidating laws and universal declaratory judgmentsAfter the jump is FN 8 of Kavanaugh's plurality in Barr v. AAPC. As I said, I wanted to include…