JD Supra

Did They Want to Infringe? – Federal Circuit Denies Declaratory Judgment When Party at No Risk of Lawsuit

Eric Blosser, Jeremiah Helm, Ph.D. Summary: The plaintiff could not seek declaratory judgment of non-infringement because (i) its product did not meet all the limitations of the asserted claims and ...
InkFreeNews.com

Complaint alleges Open Door violation

Richard O’Neill, Rochester, has filed a complaint for declaratory judgment and injunctive relief against the Fulton County ...
JD Supra

Where’s the Beef: Make sure there’s still a controversy when your declaratory judgment is entered – if you’ve lost the beef, you’ve lost jurisdiction.

Declaratory judgments under the Uniform Declaratory Judgment Act (UDJA) can be a powerful tool, resolving current (or future) disputes while opening an avenue to claim attorneys’ fees. Once a UDJA ...
Reason

Devillier v. Texas--and the Declaratory Judgment Is Not Equitable

Even so, the ultimate goal of some equity proceedings is a declaration of the plaintiff's rights vis-à-vis the defendant. Actions to rescind or reform a contract are examples. A request for an ...
The National Law Review

No Blank Check: Vendor Can’t Claim Declaratory Judgment From Customer Lawsuits Alone

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Declaratory Judgments and Superfund Eyed by 2nd Circuit

On Dec. 19, the 2nd U.S. Circuit Court of Appeals took on the confusing question of declaratory judgments under the federal Superfund statute, the Comprehensive Environmental Response, Compensation ...
The National Law Review

Navigating Declaratory Judgment: Mitek’s Bid to Head Off USAA’s Patent Claims

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
Law

Collateral Estoppel Effect of a Declaratory Judgment Action

Collateral estoppel, or issue preclusion, the Court of Appeals found, "precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding ...
The Durango Herald

Durango asks court to weigh in on anti-mask initiative

The city of Durango has requested a declaratory judgment from 6th Judicial District Court on whether an ordinance prohibiting ...
Hosted on MSN

Court dismisses AnaptysBio breach claim in GSK dispute

A Delaware court has dismissed AnaptysBio’s anticipatory breach claim against GSK subsidiary TESARO, narrowing their ongoing licensing dispute over cancer drug dostarlimab. The ruling does not address ...
The Norman Transcript

Norman residents seek declaratory judgment, injunction against homeless shelter bond election

Three Norman residents are seeking a declaratory judgment and injunctive relief against the city of Norman, asking a district ...
The Norman Transcript

City Council fails to hear entertainment district TIF declaratory judgement vote

Norman City Council failed Tuesday to hear an agenda item on whether to authorize the city attorney’s office to gain a declaratory judgment on whether the city has authority to ...