Example of Declaratory Judgment . In the case of insurance contracts, declaratory judgments help determine a policy's coverage. It helps to define if coverage exists for a particular peril, ...

There are similarities between these equitable remedies and the modern declaratory judgment. For example, like an "anti-suit injunction," the declaratory judgment can be seen as an "anti-suit" remedy.

Analysis Second Circuit Clarifies Justiciability Standard for Declaratory Judgment Actions Concerning the Duty To Defend In some cases, a dispute over the duty to defend may be justiciable but a ...

Almost every company has sent or received a cease and desist letter asserting a violation of some intellectual property right. One common response is to bring suit for a declaratory judgment to ...

After receiving notice of an allegation of infringement from a trade mark owner, the receiving party is often put in the unenviable position of having to make a unilateral determination to either ...

“[T]he standard for establishing standing under the Declaratory Judgment Act is the same as the standard for establishing Article III standing.” – Federal Circuit Yesterday, the U.S. Court ...

A declaratory judgment can be enforced, for example, by the victorious party setting up the award as to support a plea of res judicata (i.e. a matter already decided in court cannot be raised again) ...