17) In these cases, a party seeking declaratory
relief from a federal court lacks an action for coercive relief that satisfies the well-pleaded complaint rule, but the party against whom the declaration is sought has an action for coercive relief that does satisfy the rule.
Rethinking the Differences Between Declaratory
Judgments and Injunctions A.
legislation is also unique due to its retroactive effect, which is implicit in its enactment.
Despite courts' doublethink (15) in declaratory
patent cases like MedImmune--simultaneously promoting public patent challenges as a matter of patent policy and private litigation as a matter of law--these cases have not created an open door to federal court for public patent litigants.
The Surface Transportation Board did not set a deadline for its decision in its declaratory
Absent the declaratory
judgment mechanism, this would act as a
Soon after the verdict in the Modesto Action, two more of Vulcan's insurers, First State Insurance Company and Nutmeg Insurance Company, filed a second declaratory
judgment action in California state court (the First State Action).
The South Dakota Board of Dentistry issued a "Fluoride Varnish Declaratory
Ruling" in January, which allows health professionals other than licensed dental providers to apply fluoride varnish when "prescribed by an appropriately licensed practitioner.
The reasonable apprehension of suit test requires a declaratory
judgment plaintiff to prove that it faces a reasonable apprehension of imminent suit by the patent holder prior to bringing suit against such patent holder.
Albin has handled a litany of state and federal real estate and landlord-tenant cases: declaratory
judgments; injunctive actions; foreclosures; bankruptcies; workouts; real estate transactions; and the representation of owners, lenders, receivers and the various cooperative and condominium boards.
Moreover, this is consistent with the Palmer & Cay recognition that the preclusive effect of a Georgia declaratory
judgment in Florida, although governed by Georgia law, will be determined by the Florida court's interpretation and application of that law.
In response to a preliminary injunction petition filed by Pfizer in October, the two companies seek a declaratory
judgment that their right to manufacture and sell amoldipine besilate remains valid.