News & Analysis as of

Declaratory Judgments Abuse of Discretion

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2020 #2

PATENT CASE OF THE WEEK - Communication Test Design, Inc. v. Contec, LLC, Appeal No. 2019-1672 (Fed. Cir. March 13, 2020) - This week’s Case of the Week explores two important procedural issues: a court’s discretion to...more

PilieroMazza PLLC

Challenging a Negative CPARS: What Remedies Are Available? - Set-Aside Alert

PilieroMazza PLLC on

As any experienced government contractor knows, poor performance under a federal contract can have significant consequences. ...more

Womble Bond Dickinson

Alleging and Proving Standing to Challenge Rezoning

Womble Bond Dickinson on

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetland Mitigation Banks: Louisiana Appellate Court Addresses Whether Public Bid Law Applies to the Sale of Credits

The Court of Appeal of Louisiana (“Court”) was asked to consider whether the Louisiana public bid law applied to the sale of wetland mitigation bank credits. See Zachary Mitigation Area, LLC v. Tangipahoa Parish Council, 2017...more

Carlton Fields

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

Carlton Fields on

Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the...more

Winstead PC

C. Court Did Not Abuse Discretion In Denying Attorney's Fees To Successful Beneficiary In Declaratory Judgment Action

Winstead PC on

In Estate of Richardson, a remainder beneficiary of a trust filed a declaratory judgment action to declare that the trust would terminate five years after its creation. No. 14-12-00516-CV, 2013 Tex. App. LEXIS 2664 (Tex....more

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