Declaratory Judgment

A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive adjudication by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.
Posts about Declaratory Judgment
  • Survival of the Shakedown

    … point is perhaps a fair one. While many have objected to the fact that the Patent Act permits multiple shakedown suits against end users rather than allowing the merits of the claim to be addressed in the first instance with the technology manufacturer or supplier—fixing the problem at its root (i.e. patent reform) is no doubt preferable to seeking attorneys’ fees over its results. The post Survival of the Shakedown appeared first on Brann & Isaacson. …

    Stacy Stitham/ Brann & Isaacson- 11 readers -
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