Typically, an anti-suit injunction is appropriate in limited instances: 1) to address a threat to the courts jurisdiction; 2) to prevent the evasion of important public policy; 3) to prevent a multiplicity of suits; or 4) to protect a party from vexatious or harassing litigation. Co., 95 S.W.3d 702 (Tex. 30, 2007, eff. The court remanded for consideration of these factors. oEN>-BZ=/c]-ZP4U3o>0!f$F = FQfB@DlClYthnA mML.;Emu =uT The abundance of case law allowing extrinsic evidence, however, suggests that the exception will continue. 1996); Williamson v. State Farm Lloyds, 76 S.W.3d 64 (Tex. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. Absent any indemnity obligation and the clear prejudice from late notice, the insurer commenced a declaratory judgment action seeking to recover the defense costs it incurred in defending the . P., also addresses declaratory judgments, by reference to 28 U.S.C. In holding that Nautilus was entitled to recoupment of defense costs, the Court reasoned that the right to recoupment was not governed by the insurance policy at issue, but rather the right is afforded to the insurer under the theory of common law unjust enrichment. The existence or nonexistence of any right, duty, power, liability, privilege, disability, or immunity or of any fact upon which such legal relations depend, or of a status, may be declared. Rule 57. Declaratory Judgment - LII / Legal Information Institute 6 0 obj <> Texas law provides innocent owners and holders of a security interest in property with a statutory defense to civil forfeiture of their property or interest in the property. 466, 473, 80 L.Ed. App.Dallas 1998, pet. 37.011. There are exceptions, of course. Notes of Advisory Committee on Rules1948 Amendment. Absent any indemnity obligation and the clear prejudice from late notice, the insurer commenced a declaratory judgment action seeking to recover the defense costs it incurred in defending the underlying action. 45 (N.D. Tex. The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. For 1996). Attorney Analysis from Westlaw Today, a part of Thomson Reuters.

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