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 ...
To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. First, is the constitutional inquiry - the case must be a ‘case or controversy’ pursuant to ...
Last year, this blog discussed various strategic considerations for litigants seeking declarations of invalidity in district court actions to avoid being precluded from also seeking inter partes or ...
Law360, New York (May 20, 2013, 12:27 PM EDT) -- On May 20, 2013, the U.S. Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (docket no.: 12-1128), which questions ...
In Wolff v. Trump, the court ruled that the Declaratory Judgment Act is not for preemptive strikes or avoiding normal litigation. Wolff’s purely declaratory case was dismissed as an improper attempt ...
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 ...
On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing Medtronic’s declaratory ...
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