Declaratory judgments present particularly vexing issues of appellate procedure. In part, these problems arise from their peculiar nature—seeking a “declaration” of rights in advance of an actual ...

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 ...

Julia Kagan is a financial/consumer journalist and former senior editor, personal finance, of Investopedia. Anthony Battle is a CERTIFIED FINANCIAL PLANNER™ professional. He earned the Chartered ...

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 ...

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 ...

Setting criminal law aside, civil actions often aren’t about money at all — or maybe only tangentially. Often, what a dispute centers on, and what the lawsuit is all about, is simply rights and ...