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https://www.law.cornell.edu/rules/frcp/rule_57
Written instruments, including ordinances and statutes, may be construed before or after breach at the petition of a properly interested party, process being served on the private parties or public officials interested. In other respects the Uniform Declaratory Judgment Act affords a guide to the scope and function of the Federal act.
https://www.nexsenpruet.com/insights/federal-declaratory-judgment-act-what-is-required-for-standing
Mar 27, 2018 · To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. First, is the constitutional inquiry - the case must be a ‘case or controversy’ pursuant to Article III of the US Constitution. Second is the prudential inquiry – declaratory relief …
https://www.bfvlaw.com/wp-content/uploads/2016/12/Weinrich-Declaratory-Judgment-Actions.pdf
declaratory relief offers an immediate means to resolve this uncertainty. Both federal and Georgia law provide for mechanisms by which litigantsmay seek declaratory relief from the courts. Specifically, the Federal Declaratory Judgment Act states: In a case of actual controversy within its jurisdiction, . . …
http://www.ace-insurance-litigation.com/sites/default/files/D.E.%201%20COMPLAINT%20against%20Harold%20Moors,%20Specialty%20Logging%20LLC.pdf
11. This is an action for declaratory judgment pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, and F.R.Civ.P. 57 seeking a declaration of the rights and obligations of the parties to an insurance contract based on a true and actual controversy as hereinafter more fully appears. 12.
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=4443&context=fss_papers
The Federal Declaratory Judgments Act leaves out the refer-ence, found in the earlier drafts, to the fact that declaratory judg-ments shall be rendered in cases which now or hereafter may be assigned to the federal jurisdiction. The reason for the omission is that the reference seemed unnecessary, for the Act is …
https://www.justice.gov/jm/civil-resource-manual-36-declaratory-judgment-act-and-ada
Similarly, the Declaratory Judgment Act, 28 U.S.C. § 2201, is not an independent source of federal jurisdiction. The purpose of that Act is merely to provide an additional remedy, once jurisdiction is found to exist on another ground. See Benson v.
https://corporate.findlaw.com/litigation-disputes/combating-abuse-of-the-declaratory-judgment-action-by-insurers.html
Under the Federal Declaratory Judgment Act is clear that the granting of declaratory relief is a matter of trial court discretion. The court must look at the litigation situation as a whole in determining whether it is appropriate for the court to exercise jurisdiction over the declaratory judgment action before it.
https://www.aclu.org/sites/default/files/pdfs/safefree/bierfeldtvnapolitano_complaint.pdf
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Violation of Fourth Amendment Rights) 1. On March 29, 2009, Plaintiff Steven Bierfeldt was seized by Transportation Security Administration (“TSA”) officials, subjected to a harassing interrogation, and unlawfully detained.
https://legal-dictionary.thefreedictionary.com/declaratory+judgment
Declaratory judgments are considered a type of preventive justice because, by informing parties of their rights, they help them to avoid violating specific laws or the terms of a contract. In 1934 Congress enacted the Declaratory Judgment Act (28 U.S.C.A. § 2201 et seq.), which allows for declaratory judgments...
https://www.law.cornell.edu/uscode/text/28/2201
Sections 505 and 512 of the Federal Food, Drug, and Cosmetic Act, referred to in subsec. (b), are classified to sections 355 and 360b, respectively, of Title 21, Food and Drugs. Section 351 of the Public Health Service Act, referred to in subsec.
https://jenner.com/system/assets/assets/5507/original/Federal_20Subject_20Matter_20Jurisdiction_20Outline_Jenner_20_26_20Block_0611.pdf?1323113751
b. Declaratory Judgments: A declaratory judgment action satisfies the well-pleaded complaint rule only if a well-pleaded coercive action would raise the federal issue..... 15 2. Substantiality requirement: A federal court lacks jurisdiction over a claim
https://en.wikipedia.org/wiki/Declaratory_judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive adjudication by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm...
https://www.thompsoncoe.com/publications/strategy-and-ethics-in-declaratory-judgment-actions/
Nov 01, 2003 · B. Federal: Declaratory Judgment Act, 28 U.S.C. §§2201-2202 ... The complaint allegation rule can pose a problem with declaratory relief. Since the duty to defend is based solely on the live pleadings, a declaratory judgment is arguably based only on the pleading in effect, and is not determinative as to any subsequent amended or supplemental ...
http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1048&context=lawfaculty
tion arise in cases pleaded under the federal Declaratory Judgment Act." A declaratory judgment action is designed to permit a party to obtain an "authoritative judicial statement of the legal relation- 7. In the year ending June 30, 1986, for example, 254,828 cases were filed in the district courts.
https://supreme.justia.com/cases/federal/us/344/237/
Where the complaint in an action for declaratory judgment seeks, in essence, to assert a defense to an impending or threatened state court action, it is the character of the threatened action, and not of the defense, which will determine whether there is federal question jurisdiction in the District Court.
https://www.foley.com/en/insights/publications/2012/04/federal-circuit-looks-at-requirements-for-declarat
The Federal Circuit went on to explain that “the facts alleged by 3M, if true, would be sufficient to give rise to a case or controversy under the Declaratory Judgment Act.” In particular, the court noted that the following communications, “if found by the district court, would be sufficient to constitute a case or controversy between 3M ...
https://delcode.delaware.gov/title10/c065/index.shtml
Declaratory Judgments § 6501 Power of courts; form and effect of declaration. Except where the Constitution of this State provides otherwise, courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations …
https://lawreview.law.lsu.edu/2017/10/16/the-declaratory-judgment-action-your-secret-weapon-for-staying-in-state-court/
Oct 16, 2017 · If there is a cause of action for declaratory relief, however, the test is different. The court in Bilyeu v. Wells Fargo Insurance Services, Inc., found that the Louisiana Declaratory Judgment Act (“LDJA”) alters what it means to “recover against” a non-diverse defendant. The Power of a Declaratory Judgment Action
https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-57-declaratory-judgment
(1973) G.L. c. 231A is the Uniform Declaratory Judgment Act with minor changes and additions. Rule 57, specifically referring to the statute, does not effect any essential change in Massachusetts practice. The main thrust of Rule 57 is that actions for declaratory judgment …
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