Insurance Declaratory Judgment Actions and the Federal Abstention Doctrine: Strategies and Limitations
Perspectives From Policyholder and Insurer Counsel on Litigating Declaratory Judgments and Abstention Motions
Recording of a 90-minute CLE webinar with Q&A
The CLE course will address issues and strategies in deciding whether and when to seek declaratory relief, threshold issues, limitations, and the applicability of the abstention doctrine for declaratory judgment actions brought in federal court.
- Declaratory judgment actions: issues and strategies
- Defining what is a “claim” for purposes of a declaratory judgment action
- Standing to file a declaratory judgment action
- Defining an actual controversy for purposes of declaratory judgment action
- Timing and statute of limitations
- Necessary parties to the action
- Choice of law
- Recovery of attorney fees
- Filing in federal court and the abstention doctrine
- Federal Declaratory Judgment Act
- Abstention and the Brillhart/Wilton doctrine
- Abstention and the Colorado River doctrine
- Deciding which abstention doctrine applies
The panel will address these and other key questions:
- What issues or factors must counsel consider in determination the timing of the filing of a declaratory judgment action?
- Who are the necessary parties to a declaratory judgment action?
- How does the relief sought, declaratory vs. coercive, inform which abstention doctrine applies if relief is sought in federal court?
- How have federal courts decided abstention issues in cases involving both declaratory and coercive relief?
Alan P. Jacobus
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.Close
Matthew G. Jeweler
Pillsbury Winthrop Shaw Pittman
Mr. Jeweler is a litigator who represents corporate policyholders in complex coverage disputes, helping clients... | Read More
Mr. Jeweler is a litigator who represents corporate policyholders in complex coverage disputes, helping clients facing large losses recover from their insurers. A member of the firm’s Litigation and Insurance Recovery and Advisory practice groups, his practice concentrates on the representation of corporate policyholders. He helps clients mitigate loss by maximizing the value of their insurance assets. He has represented clients in a broad range of industries and in all phases of the claims process from pre-suit negotiations with insurers through trial.Close