News & Analysis as of

Declaratory Judgments

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Apartment Complex Construction Project: Federal Court Addresses Insurance Coverage Dispute

A United States District Court (C.D. California) (“Court”) addressed in a September 27th Order insurance coverage issues arising out of the construction of an apartment complex in California. See The Haven at Ventura, LLC vs....more

Kaufman & Canoles

Court of Appeals of Virginia Holds “Right of Way” Not Expressly Released in a Deed Releasing “Easements” is Still in Effect

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On Tuesday, the Court of Appeals of Virginia issued a significant decision concerning easements in Barr, et al. v. Garten Development, LLC. The Court held that where a deed that released “easements” conveyed by a previous...more

Foley & Lardner LLP

Franchisee Claims for Promissory Estoppel and Violations of the Michigan Franchise Investment Law Fail

Foley & Lardner LLP on

A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise...more

Butler Weihmuller Katz Craig LLP

Federal Court has Jurisdiction over First-Party State-Law Declaratory Judgment Actions

Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal - Addressing the thorny issue of whether a state-law...more

Cozen O'Connor

Claims Notes: September 2024

Cozen O'Connor on

Litigation arose over whether a suit for misrepresentation and breach of contract arising out of an easement triggered a Commercial General Liability (CGL) insurer's duty to defend. Internal confidential communications...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

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Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

Cozen O'Connor

Washington Court Deems Posting of IME Videos on Social Media Free Speech

Cozen O'Connor on

In Ten Injured Workers v. State of Washington, et al. (Ten Workers), the Washington Court of Appeals recently overturned a provision of RCW 51.36.070, which prohibited injured workers from posting video recordings of their...more

Wiley Rein LLP

Capacity Exclusion Bars Coverage for Settlement Involving Director’s Self-Dealing While Acting in Dual Capacity as Shareholder and...

Wiley Rein LLP on

A New Jersey appellate court, applying New Jersey law, has held that the capacity exclusion in a directors and officers policy precluded coverage for a settlement of lawsuits alleging that an insured director defrauded a...more

Kilpatrick

First Republic Executives Fail in Attempt to Recover Nonqualified Deferred Compensation Plan Assets

Kilpatrick on

A federal court has rejected an attempt by former First Republic Bank employees to recover assets held in a rabbi trust that funded deferred compensation benefits. In Harrington v. Federal Deposit Insurance Corporation, the...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Finds Personal Jurisdiction in an Amazon Product Dispute

In SnapRays, d/b/a SnapPower v. Lighting Defense Group, the Federal Circuit found that a district court could exercise personal jurisdiction over a declaratory judgment defendant based on the defendant’s sending an Amazon...more

Marshall Dennehey

Pennsylvania Supreme Court Rules that Procedural Posture of Case Is Irrelevant When Determining Whether a Court Decision Violated...

Marshall Dennehey on

Ivy Hill Congregation of Jehovah’s Witnesses v. Dep’t of Human Servs., 2024 WL 561402 (Pa. Feb. 13, 2024) - The plaintiff filed a petition for declaratory judgment with the Commonwealth Court of Pennsylvania, seeking a...more

Morris James LLP

Chancery Declines to Exercise Equitable Jurisdiction in a Contract Action to Compel the Release of Funds Held in Escrow

Morris James LLP on

In re Windmil Therapeutics Inc., C.A. No. 2023-1294-PAF (Del. Ch. Mar. 13, 2024) - This case dealt with the voluntary assignment for the benefit of creditors under 10 Del. C. § 7381, et seq....more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

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The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Purchase Contract/Rate Increase: City of Magazine/South Logan County Public Water Facilities Board Seek to Enjoin...

Three Arkansas cities and two public water authorities filed a June 11th Complaint for Temporary and Permanent Injunction and for Declaratory Judgment (“Complaint”) against the City of Booneville, Arkansas objecting to a...more

Akin Gump Strauss Hauer & Feld LLP

Patent Infringement Suit Against Indemnitee Forecloses IPR Petition by Indemnitor

The Patent Trial and Appeal Board denied institution of a petition for inter partes review under 35 U.S.C. § 315(b) because the petition was filed more than one year after patent owner had served a complaint for patent...more

Presley & Presley

No Direct Interest, No Intervention

Presley & Presley on

Over the past five plus years, the Missouri legislature has continued to grant insurer’s new rights and protections. This includes requirements for time-limited demands, interpleader protections and the ability to intervene...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - May 2024

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Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more

Erise IP

What’s Trending in Trademarks, May 2024: Taylor Swift Fans Analyze Latest Trademark Filing; San Francisco Sues Over San Francisco...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Taylor...more

McDermott Will & Emery

Prime Delivery: Amazon Program Now Offers Personal Jurisdiction to Patent Holders

McDermott Will & Emery on

Addressing the issue of personal jurisdiction in the context of a declaratory judgment case involving a program for resolving patent infringement claims, the US Court of Appeals for the Federal Circuit concluded that a patent...more

Cozen O'Connor

Illinois AG Sues Southeast Energy Consultants Alleging Deceptive Marketing of ARES Contracts

Cozen O'Connor on

Illinois AG Kwame Raoul sued marketing company Southeast Energy Consultants LLC, which acquires customers on behalf of alternative retail electric suppliers (ARES), for allegedly deceiving consumers into switching from their...more

Neal, Gerber & Eisenberg LLP

Amazon APEX Complaints Convey Personal Jurisdiction in Amazon Seller’s Forum

Most reputable online marketplaces have long offered policing programs to address counterfeiting of registered copyrights and trademarks. The copyright or trademark owner needs only to provide the marketplace with a copy of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Amazon’s Patent Evaluation Express (APEX) Program Has Declaratory Judgment Action Risks for Patent Owners

Amazon’s Patent Evaluation Express (APEX) program provides an expedited and low-cost tool for patent owners to stop the sale of infringing products on Amazon’s platform. But low cost does not mean low risk. The U.S. Court of...more

Snell & Wilmer

Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

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In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024

SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more

Mintz

Ninth Circuit Orders Dismissal of Constitutional Climate Litigation Case

Mintz on

Yesterday, the Ninth Circuit issued an order dismissing the Juliana litigation. In this case, the plaintiffs had asserted that the government had knowingly violated their due process rights by encouraging and permitting the...more

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