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Federal Courts Are Policing Their Borders In Declaratory Actions
When instituting a declaratory action for insurance coverage, many litigants prefer federal courts over state courts. The reasons include faster-moving dockets, and the experience of federal judges. Preferences aside, federal courts must have subject matter jurisdiction to decide a declaratory action, and are tasked with policing their own jurisdiction if such issue is not raised by a party. The Federal Declaratory Judgment Act creates only a remedy, not a basis for jurisdiction. Either diversity jurisdiction or federal question jurisdiction must still exist to pursue a declaratory judgment action in federal court, and courts increasingly are questioning jurisdiction and dismissing declaratory actions on their own initiative.
CE Design
In June of this year, the First Circuit Court of Appeals dismissed CE Design Ltd.'s (“CE Design's”) declaratory action against American Economy Insurance Company (“American Economy”). CE Design, Ltd. v. Am. Economy Ins. Co., 1st Circ. Ct. App. Case No. 13 1080 (June 29, 2014). CE Design attempted to force American Economy to cover Ernida, LLC (“Ernida”) for a junk fax class action filed under the Telephone Consumer Protection Act (“TCPA” and the “TCPA Action”). CE Design filed the TCPA Action against Ernida in Illinois State Court in 2008. Thereafter, CE Design filed a complaint in federal district court demanding that American Economy indemnify Ernida for any judgment obtained in the TCPA Action.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.