News & Analysis as of

Declaratory Judgments Commercial Litigation

McDermott Will & Emery

State court action doesn’t create reasonable apprehension of related federal claims

McDermott Will & Emery on

Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more

Vinson & Elkins LLP

Texas Business Court Quarterly Update – Q1 and Q2 2025

Vinson & Elkins LLP on

As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the...more

King & Spalding

S.D.N.Y. Rejects Borrower’s Equitable Defenses to UCC Foreclosure Sale

King & Spalding on

On March 3, 2025, the U.S. District Court for the Southern District of New York granted a lender’s motion for declaratory judgment to order a borrower to recognize the effect of a non‑judicial UCC foreclosure sale. The court...more

Allen Matkins

Nevada Supreme Court: Judge, Not Jury, Decides Unambiguous Contract

Allen Matkins on

In 2011, a local water district in Nevada entered into a lease agreement with Paradise Canyon, LLC to provide shares of water for irrigating the Wolf Creek Golf Club.   The lease agreement granted Paradise Canyon a right of...more

Lathrop GPM

Southern District of New York Transfers Anticipatory Declaratory Judgment Action to the Middle District of North Carolina

Lathrop GPM on

Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract...more

Farrell Fritz, P.C.

Buyer’s Remorse Does Not Constitute Duress, Holds First Department

Farrell Fritz, P.C. on

A recent decision from the First Department reminds us that New York courts are not sympathetic to duress claims when the alleged acts or threatened acts fall within the ambit of the defendant’s rights under a valid...more

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