In Wolff v. Trump, the court ruled that the Declaratory Judgment Act is not for preemptive strikes or avoiding normal ...
Despite valid service on the issuer, the English court refused to grant declarations sought by a corporate trustee as to amounts outstanding under unsecured notes issued by a now-insolvent issuer. The ...
A federal appellate court recently held that the five-year statute of limitations in 28 U.S.C. § 2462 applies to actions by the Securities and Exchange Commission for declaratory relief and ...
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 ...
The Supreme Court of Canada found Friday that the government acted dishonestly when it reneged on an 1877 treaty with an Alberta indigenous community and allowed for declaratory relief. The case ...
If you’re of a certain age, or from a certain geographic sector of the country, then no doubt you’ve heard that particular idiom uttered to mean, “What a surprise!” “John and Megan eloped last night.” ...
A judge ruled against the city of Del Mar last week on a demurrer that the city filed in response to a complaint by The Winston School over a multiyear dispute about the school’s lease. The city, ...
A number of tools exist to prevent abuse of court process and ensure matters properly and finally determined by a competent court do not become subject to re-litigation. These fall under the umbrella ...