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, ...
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 ...
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 ...
On Dec. 19, the 2nd U.S. Circuit Court of Appeals took on the confusing question of declaratory judgments under the federal Superfund statute, the Comprehensive Environmental Response, Compensation ...
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 ...
Rather than order Trump to comply with an injunction (which is immediately punishable by the power of contempt), the court instead used a declaratory judgment, simply declaring that Trump is violating ...
To go back to our example. Let's say that the Trustee of an Alaska DAPT holds property in California, and a creditor is about to move to enforce the California judgment against the California property ...
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