News

Thus, a plaintiff would seek what was in effect a declaration, but using one of the traditional equitable forms of relief, because equity had no freestanding power to give declaratory judgments.
Under the American Rule, which prevails in most States across the Country, a party cannot recover its attorney’s fees in a breach of contract or declaratory judgment action, unless a statutory ...
In the course of that prior action, a dispute arose between RSL and its ... Among the rights RSL sought by way of its declaratory judgment claim was the right to sue Pacific Life for breach ...
In Vantage Trailers Inc v Beall Corp, the US Court of Appeals for the Fifth Circuit has affirmed the district court's dismissal of the case for lack of subject matter jurisdiction on the grounds that ...
Meanwhile, the insurer indicates it plans on seeking certiorari from the Supreme Court on the question of declaratory judgment ... The Douglas County dispute started as a run-of-the-mill auto ...
Roger Cook, MaxPower's lead counsel commented: "ROHM has been using this improper declaratory judgment proceeding to avoid arbitrated resolution of the technology license dispute involving ROHM's ...
The Ohio Eighth District Court of Appeals’ decision is the latest twist in a seven-year-old legal dispute over land ... the court found that the principal declaratory relief sought by the ...
Microsoft recently asked the Western District of Washington to issue a declaratory judgment ... The court granted summary judgment in favor of the company in that dispute. As to why Microsoft ...