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 ...
Investopedia

Declaratory Judgment Explained: Rights, Obligations, and Legal Examples

Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia. Anthony Battle is a CERTIFIED FINANCIAL PLANNER™ professional. He earned the Chartered ...
Law

Is That Declaratory Judgment Order Appealable—Or Not?

Declaratory judgment actions brought under Pennsylvania's Declaratory Judgments Act, 42 Pa. C.S. Sections 7531-41, present knotty questions of appealability. See, Affordable Outdoor v. Tri-Outdoor, ...
JD Supra

Yellowstone No More?: New York Highest Court Approves Waiver of Commercial Tenant Right to Seek Declaratory Judgment

A recent decision of the New York Court of Appeals – the State’s highest Court – has thrown a wrench in a common litigation process used by commercial tenants – the so-called Yellowstone injunction.
IPWatchdog

Mailer’s Remorse: Notice Letters and Personal Jurisdiction for Declaratory Judgment Lawsuits

“Patentees must think strategically before firing off cease-and-desist letters and during follow-up correspondence or meetings, lest they ultimately find themselves defending against a declaratory ...
Reason

A "National Declaratory Judgment" in the ACA Suit?

For some reason, everybody is talking about severability. (Which means it is a good day, like every day, to read Kevin Walsh.) In addition to all the discussion of the merits and severability in Texas ...