Declaratory Relief

Court Holds That Statute Of Limitations Applies To Section 50(a)(6) Constitutional Claims

by David Johnson | Winstead PC on 5/10/2013

In Priester v. JPMorgan Chase Bank, N.A., homeowners sued for declaratory relief against their lender claiming that the lien on their home was void under the Texas Constitution. No. 12-40032, 2013 U.S. App. LEXIS 3097 (5th...more

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

by Nadia Bugaighis, Christopher Clemenson | Cozen O'Connor on 3/19/2013

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

Mixed Motive Case Provides Mixed Results For California Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/13/2013

In Harris v. City of Santa Monica, +2013 Cal. LEXIS 941 (2013), the California Supreme Court considered a mixed motive discrimination case in which an employer had both lawful and unlawful reasons for terminating an employee....more

California Supreme Court Holds That Proof That Employer Would Have Made Same Employment Decision Absent Discrimination Precludes...

by Melanie Hamilton | Sheppard Mullin Richter & Hampton LLP on 2/12/2013

On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

by Paul Devinsky, Rita Weeks | McDermott Will & Emery on 1/15/2013

In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

by Kenneth Kuwayti | Morrison & Foerster LLP on 1/13/2013

The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second...more

California Appeals Court Enjoins Nonjudicial Foreclosure For Lenders’ Failure To Comply With HUD Servicing Requirements

by BuckleySandler LLP on 1/3/2013

On December 13, the California Court of Appeal for the First Appellate District held that the HUD servicing requirements were incorporated by reference into the borrowers’ FHA deed of trust and served as conditions precedent...more

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