Topic
Declaratory Judgment
290 published works
Delaware Intellectual Property Litigation
Judge Connolly Dismisses Plaintiff’s Claims Seeking Declaratory Judgment of Non-Infringement for Failure to Establish Declaratory Judgment Jurisdiction
By Memorandum Opinion entered by The Honorable Colm F. Connolly in Power Integrations, Inc. v. CogniPower LLC, Civil Action No. 20-15-CFC (D.Del. July 1, 2020), the Court granted Defendant’s motion…
Florida Construction Legal Updates
INSURED’S CLAIM FOR DECLARATORY RELIEF IN COVERAGE DISPUTE
In an insurance coverage dispute, it is common for the insured or the insurer to file a lawsuit that includes a claim for declaratory relief — asking the court to…
Zalma on Insurance
Declaratory Relief Available in Florida to Determine Insurer’s Obligation to Indemnify
By Barry Zalma
Insurer Has Right to Obtain Declaration Whether Loss Occurred Before Inception of Policy Insurance is a contract that agrees to indemnify another against the risk of loss by a contingent…
Property Insurance Coverage Law Blog
Declaratory Judgment Action May Be Forthcoming If An Insurer Invokes Its Right To Repair
People’s Trust Insurance Company (“PTIC”) is well-known for invoking the “election to repair” policy provision once it determines a covered cause of loss occurred to property by a peril insured…
Zalma on Insurance
No Coverage – No Defense – No Indemnity
By Barry Zalma
Short, Simple and Direct Decision from the USDC When an insurer believes it has no coverage for a loss presented it may seek relief from a United States District Court…
Insurance Law Hawaii
Insurer’s Motion to Dismiss Granted
The insurer's motion to dismiss a bad faith count was granted because the existence of coverage was "fairly debatable" under New Jersey law. Merchants Mut. Ins. Co. v.…
Tort Talk
The Case of the Missing Email.
In the case of Live Face On Web, LLC v. Merchants Insurance Group, No. 2:19-CV-00528-JDW (E.D. Pa. April 1, 2020 Wolfson, J.), the court addressed cross motions for summary judgment…
Patents Post-Grant
Declaratory Judgement Loophole at PTAB?
By Scott McKeown, Scott McKeown Wolf Greenfield
Invalidity Counterclaims-In-Reply Will Not Trigger 35 U.S.C. § 315(a) Congress created IPR to provide a “quick and cost effective alternative[ ] to litigation.” To fulfill that role, Congress limited a…
IP Update
Nefarious Motives Could Mean No Declaratory Judgment for You
By Jodi Benassi
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to dismiss a first-filed declaratory judgment complaint, finding that equitable considerations warranted departure from the first-to-file…
Property Insurance Coverage Law Blog
Declaratory Judgments and Interpreting Policy Language
Frequently, we are faced with questions from policyholders or public adjusters regarding the interpretation of insurance coverage under a policy. Usually, these questions arise when the insurance company has limited…