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 ...
In some cases, a dispute over the duty to defend may be justiciable but a dispute over the duty to indemnify involving the same facts may not be. This article discusses the recent case 'Admiral ...
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 ...
The Ninth Circuit recently rejected “a novel litigation strategy” under the Declaratory Judgment Act (DJA). Shell Gulf of Mex. v. Ctr. for Biological Div., 13-35835 (9th Cir. Nov. 12, 2014) (Slip Op.) ...
A taxpayer may appeal to the Tax Court after having exhausted all internal remedies provided in Chapter 9 of the Tax Administration Act, 28 of 2011 (the TAA). Despite the fact that the Tax Court (as a ...
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