Even so, the ultimate goal of some equity proceedings is a declaration of the plaintiff's rights vis-à-vis the defendant. Actions to rescind or reform a contract are examples. A request for an ...
Declaratory judgments under the Uniform Declaratory Judgment Act (UDJA) can be a powerful tool, resolving current (or future) disputes while opening an avenue to claim attorneys’ fees. Once a UDJA ...
In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be ...
Collateral estoppel, or issue preclusion, the Court of Appeals found, "precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding ...
These actions are grounded in a legal standing to sue. Where declaratory judgment (DJ) litigation is appropriate, the result will be a legally binding adjudication that is preventive in nature. A ...
Three Norman residents are seeking a declaratory judgment and injunctive relief against the city of Norman, asking a district judge to answer if the general obligation bond election to construct a ...