Declaratory judgments present particularly vexing issues of appellate procedure. In part, these problems arise from their peculiar nature—seeking a “declaration” of rights in advance of an actual ...

The Silfab Solar controversy enters another legal journey as York County officials ask the courts to definitively say whether ...

New York courts cannot issue advisory opinions on hypothetical or uncertain future events. A declaratory judgment is ...

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 ...

Courts have begun to shape the contours of the Biologics Price Competition and Innovation Act (“BPCIA”) and the progress of biosimilar litigation, but the use of declaratory judgment actions by ...

Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Declaratory judgment actions are commonly employed by parties to ...

One of the thorniest issues that an insurance adjuster may face is deciding to bring an affirmative declaratory judgment action following a denial of coverage or a decision to defend under a ...

Laboratory Corp of America (LabCorp) v. Metabolite Labs., Appeal No. 2008-1597 (Fed. Cir. 2010). In an interesting exposition on Federal Circuit appellate jurisdiction, the court has ruled that ...

A Domestic Asset Protection Trust (DAPT) is a self-settled irrevocable spendthrift trust. In English, this means that a DAPT is trust that one can put their assets into for their own benefit, and then ...

Insurance companies often prefer to litigate insurance coverage issues in federal courts. There are a number of reasons for this. First, well-founded or not, there is a general perception that the ...

Following California Regional MLS's refusal of Compass's demands to cease enforcement of its policies concerning cooperation, ...