In Wolff v. Trump, the court ruled that the Declaratory Judgment Act is not for preemptive strikes or avoiding normal ...

In what could have been a one-page per curiam ruling from the U.S. Court of Appeals for the Eleventh Circuit, two panel members decided to digress. There was apparently little substantive disagreement ...

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 ...

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 ...

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 ...

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 ...

“The CAFC explained that the precedent illustrated that many different circumstances may arise whereby discretion is exercised on various facts, including ‘whether preclusion should be afforded to a ...

Eric Blosser, Jeremiah Helm, Ph.D. Summary: The plaintiff could not seek declaratory judgment of non-infringement because (i) its product did not meet all the limitations of the asserted claims and ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...

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