In what could have been a one-page per curiam ruling from the U.S. Court of Appeals for the Eleventh Circuit, two panel members decided to digress. There was apparently little substantive disagreement ...

Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Kenneth Portner of Weber Gallagher Simpson Stapleton Fires & Newby. Declaratory judgment actions are commonly employed by parties to ...

In Wolff v. Trump, the court ruled that the Declaratory Judgment Act is not for preemptive strikes or avoiding normal ...

A Domestic Asset Protection Trust (DAPT) is a self-settled irrevocable spendthrift trust. In English, this means that a DAPT is trust that one can put their assets into for their own benefit, and then ...

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 CAFC explained that the precedent illustrated that many different circumstances may arise whereby discretion is exercised on various facts, including ‘whether preclusion should be afforded to a ...

Last year, this blog discussed various strategic considerations for litigants seeking declarations of invalidity in district court actions to avoid being precluded from also seeking inter partes or ...

Courts have begun to shape the contours of the Biologics Price Competition and Innovation Act (“BPCIA”) and the progress of biosimilar litigation, but the use of declaratory judgment actions by ...

In the absence of regulation governing issues surrounding declaratory judgments for non-infringement, judgments of prior cases must be used as a guide. Qing Ge of Liu Shen & Associates in Beijing ...

Rather than order Trump to comply with an injunction (which is immediately punishable by the power of contempt), the court instead used a declaratory judgment, simply declaring that Trump is violating ...