News & Analysis as of

Declaratory Judgments

McDermott Will & Schulte

From ‘best’ to bust: Multiple methods to determine “optimal/best” render claims indefinite

The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment of invalidity and grant of summary judgment of noninfringement, concluding that even if excluded portions of expert testimony were...more

Ladas & Parry LLP

Nationwide Injunctions: A Substantive View Considering Recent Headline Buzz Words

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Introduction - Nationwide injunctions - Comparing the June 27, 2025 Supreme Court Trump v. CASA decision to a Seventh Circuit decision in Spring, 2025, Republic v. BBK underscores the distinction between the...more

Freiberger Haber LLP

Assignment of Membership Interests . . . Always Check the Operating Agreement and The LLC Law

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In Kober v. Nestampower, 2025 N.Y. Slip Op. 06609 (2d Dept. Nov. 26, 2025), the Appellate Division, Second Department, decided an appeal involving disputes over membership interests in a limited liability company. After a...more

Rivkin Radler LLP

November 2025 New York Insurance Coverage Update

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Eastern District Finds Ongoing Operations Exclusion Is Unambiguous And Precludes Coverage For Worker’s Lawsuit- Steven Rodriguez owns property in Queens and leased one of the storefronts to a restaurant. Without...more

Husch Blackwell LLP

State Law Claims Dismissal Secured in Cargo Loss Case as Court Reaffirms Carmack Amendment's Preemptive Power and Limits on...

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On October 30, 2025, Husch Blackwell secured a significant win for client Kurtex Logistics, Inc. (Kurtex) in the U.S. District Court, Western District of Wisconsin. The court dismissed with prejudice all state law claims and...more

Vorys, Sater, Seymour and Pease LLP

Common Pleas Court Addresses Environmental Group Challenges to Ohio House Bill 507

In Ohio Environmental Council v. State of Ohio, Case No. 23-CV-002403, the court of common pleas of Franklin County, Ohio addressed certain claims brought by environmental groups seeking to challenge the state land leasing...more

King & Spalding

Western District of Washington Narrows Mortgage Loan Dispute but Allows Key Claims to Proceed

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On July 8, 2025, the U.S. District Court for the Western District of Washington granted in part and denied in part motions to dismiss claims brought by AHP Capital Management LLC against Oak Harbor Capital LLC, Western...more

Freeman Mathis & Gary

Georgia Court of Appeals tacitly affirms homeowners associations’ ability to utilize covenants not to sue

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On September 10, 2025, the Court of Appeals of Georgia decided the case of Kinnaird v. Morningview Homeowners Association, Inc. In this case, Kinnaird (homeowner) applied to the Association’s Architectural Review Committee to...more

Fox Rothschild LLP

Court Weighs School District’s Halt of Payments to Charter School

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A charter school's lawsuit against Pennsylvania education officials could alter the funding requirements imposed on school districts under the Charter School Law (CSL). In the case, Penn Hills Charter School of...more

Mintz

Massachusetts Land Court Ruling Results in Green Light for Hyde Park Residential Project

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In a case that will resonate with many developers, MQMF Hyde Park LLC secured court-ordered approval for a 204-unit apartment complex at 990 American Legion Highway in Boston’s Hyde Park neighborhood following years of...more

Spilman Thomas & Battle, PLLC

Sinclair v. Marco Polo Real Estate - Voiding Design-Build Contract for Failure to Strictly Comply with Architect’s Licensure Law

A Pennsylvania trial court has found in favor of the owners of a residential construction project who sued their builder for failing to comply with the Architects Licensure Law, rendering the project’s contract void and...more

Cozen O'Connor

Democratic and Republicans AGs Separately Weigh In on Impact of Shutdown to SNAP Program

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Ohio AG Dave Yost led a group of 19 Republican AGs in sending a letter to Senate Minority Leader Chuck Schumer, asking him to ensure the continuation of the federal Supplemental Nutrition Assistance Program (SNAP) amid the...more

Husch Blackwell LLP

Delaware Chancery Court Keeps Asbestos Trust Data Case Alive: Motions to Dismiss Denied

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On October 24, 2025, Vice Chancellor Laster of the Delaware Court of Chancery denied motions to dismiss in a high-profile challenge to asbestos trust data-retention policies, allowing asbestos defendants’ claims to proceed...more

Carlton Fields

Florida Federal Court Applies Fla. Stat. § 624.155(4)(a) Safe Harbor to Bad Faith Claim From 2019 Auto Accident

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In Direct General Insurance Co. v. Creamer, the U.S. District Court for the Middle District of Florida determined whether the safe harbor provision of Florida Statutes section 624.155(4)(a), enacted in March 2023, applied to...more

Gray Reed

Passage of Time and Lack of Commissioners' Authority Bar Road-Access Claims

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Once again, a Texas court has barred a lawsuit because the plaintiff waited too long to file. And once again, perhaps, the suit was a Hail Mary after alternatives failed. In Hobson v. Commissioners Court of Palo Pinto...more

McCarter & English, LLP

May Others Leave Their Mark on Mickey? Lawsuit Questions the Reach of Trademark Rights on Steamboat Willie

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Steamboat Willie, the cartoon best known as the debut of Mickey and Minnie Mouse, is the subject of a new legal controversy. The law firm Morgan & Morgan created a commercial based on the iconic cartoon and is seeking a legal...more

Husch Blackwell LLP

No Implied Novation by Silence, Says Massachusetts District Court

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In Sparta Insurance Company v. Pennsylvania General Insurance Company, Civ. No. 21-11205-FDS (D. Mass. Sept. 30, 2025), the United States District Court for the District of Massachusetts held that the obligations of...more

Sheppard Mullin Richter & Hampton LLP

Published Decision Rejects Brandt Fee Claim in “Bad Faith” Suit Seeking Payment of Judgment in Excess of Policy Limits

In Brandt v. Superior Court, 37 Cal.3d 813, 817 (1985), the California Supreme Court recognized an insured’s right to seek recovery of attorneys’ fees incurred to compel the payment of policy benefits unreasonably withheld by...more

Wiley Rein LLP

Released But Not Obligated: Assignment-Only Settlement Results in No Indemnity Cover as Insured Not “Legally Obligated to Pay” Any...

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An Illinois Appellate Court, applying Illinois law, has held that a professional liability insurer had no duty to indemnify its insured because the insured was not “legally obligated to pay” any amount under the settlement...more

Wiley Rein LLP

Wisconsin Appeals Court says “Not So Fast” to Prior Notice Exclusion—Insurer Must Keep Defending

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The Wisconsin Court of Appeals, applying Wisconsin law, reversed a circuit court’s order granting an insurer’s motion for declaratory and summary judgment that its policy’s prior notice exclusion barred coverage for certain...more

Mayer Brown

High Court finds s.72(1) Arbitration Act 1996 Allows Post-Award Relief Outside s.70(3) 28-Day Cut-Off

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On 24 September 2025, the High Court handed down judgment in the case of African Distribution Company v Aastar Trading Pte Ltd. By his judgment, His Honor Judge Tindal (sitting as a Judge of the High Court), took the...more

Wiley Rein LLP

Policy Exclusions Bar Coverage for Law Firm’s Alleged Misappropriation of Client Funds

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The United States District Court for the Eastern District of Pennsylvania has held that an insurer has no duty to defend a lawsuit alleging that an insured law firm fraudulently induced its client to wire money to the firm...more

Phelps Dunbar

Texas Supreme Court Victory for UM/UIM Insurers Faces Possible Reversal

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In April, the Texas Supreme Court set a favorable precedent for Uninsured and Underinsured (UM/UIM) insurers when it held that an insured seeking to recover UM/UIM benefits must secure a judgment to establish the UM/UIM...more

Kennedys

Two sides of the same coin: Sixth Circuit announces new jurisdictional standard for “mixed” insurance coverage actions

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As litigation relating to PFAS exposure grows significantly across the US, companies have increasingly requested that their insurance carriers cover related defense and indemnity costs. The recent PFAS decision in Fire-Dex,...more

Patterson Belknap Webb & Tyler LLP

New Jersey Bankruptcy Court Rules That Debtor Could Not Sell its Future Accounts Receivable Prepetition

A bankruptcy court in New Jersey recently granted a debtor’s motion to dismiss the counterclaims of two creditors who purchased a percentage of the debtor’s future receivables prepetition. The court rejected the creditors’...more

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