United States Second Circuit

In an action by insurers seeking declaratory judgment that they had no coverage obligations relating to an underlying copyright infringment suit, the "special circumstances" exception to the first-filed rule does not apply to a declaratory judgment filed in the absence of a direct threat of litigation in a forum with at least some ties to the litigation.

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• WESLEY, Circuit Judge:, Before:  McLAUGHLIN and WESLEY, Circuit Judges, and COGAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David B. Smallman, Wollmuth Maher & Deutsch LLP, New York, NY, for Appellants., Laura A. Foggan, Wiley Rein LLP, Washington, DC, for Amicus Curiae Complex Insurance Claims Litigation Association in Support of Appellants.


• For Appellees:
  
• Andrew N. Bourne, Dickstein, Shapiro, Morin & Oshinsky, LLP, New York, N.Y. (Randy Paar, Kirk A. Pasich, of counsel, on the brief), for Appellees.