JD Supra

Federal question? You can’t hypothetically fair use your way into federal court

Addressing the limits of federal jurisdiction, the US Court of Appeals for the Sixth Circuit affirmed the dismissal of an action seeking a ...
JD Supra

Where’s the Beef: Make sure there’s still a controversy when your declaratory judgment is entered – if you’ve lost the beef, you’ve lost jurisdiction.

Declaratory judgments under the Uniform Declaratory Judgment Act (UDJA) can be a powerful tool, resolving current (or future) disputes while opening an avenue to claim attorneys’ fees. Once a UDJA ...
Reason

Devillier v. Texas--and the Declaratory Judgment Is Not Equitable

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 ...
Forbes

U.S. Tenth Circuit Affirms Dismissal Of Standard Insurances’ Microcaptive Tax Declaratory Judgment Case

The U.S. Tax Court has been brutal in its treatment of so-called microcaptive insurance companies. These are captive insurance companies which have both made the Internal Revenue Code § 831(b) ...