In Wolff v. Trump, the court ruled that the Declaratory Judgment Act is not for preemptive strikes or avoiding normal litigation. Wolff’s purely declaratory case was dismissed as an improper attempt ...
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 ...
The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries ...
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 ...
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 ...
Tax-exempt organizations facing potential IRS revocation of their status should be aware of the significant legal, financial and operational implications, as well as the options available to challenge ...
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