Statute
Declaratory Judgment Act
25 published works
Zalma on Insurance
USDC Refuses to Rule in Case With Same Issues in State Court
By Barry Zalma
Federal Court Should Not Conflict With State Court Action Post 5432 New Mexico State Lawsuits Cannot be Confused with a Federal Declaratory Relief Action In Old Guard Insurance Co. v.…
Paul W. Mollica Federal Courts Blog
Second Circuit Enters Curious Circuit Split Over Whether Article III Subject-Matter Jurisdiction Principles Apply to Article I Courts
In In Re Laura Charlene Goebel, No. 25-103 (2d Cir. 2026), the Second Circuit joins a circuit split over whether Article I bankruptcy courts are constrained by Article III case…
Zalma on Insurance
Resolution of Coverage Issues Appropriate Under Federal Declaratory Judgment Act
By Barry Zalma
Declaratory Relief Available to an Insurer from USDC Post number 5274 See the video at https://rumble.com/v74yxsk-resolution-of-coverage-issues-appropriate-under-federal-declaratory-judgmen.html and at https://youtu.be/rxEd5a1Z-XY Insurer Seeks Limitation of Liability of Child Killed by Foster Dogs…
Zalma on Insurance
Abstention Protects Against The Risk of Potentially Contradictory Fact Finding
By Barry Zalma
Sometimes the Best Court Decision is to Do Nothing Post 5209 In Starr Indemnity & Liability Company v. Scottsdale Insurance Company, No. 24-CV-3309 (PKC) (TAM), United States District Court, E.D.…
Paul W. Mollica Federal Courts Blog
Sixth Circuit Charts Its Own Course on Abstention from Declaratory Actions That Are Part of a “Mixed Action” Seeking Injunctive or Legal Relief
In Fire-Dex, LLC v. Admiral Ins. Co., No. 24-3781 (6th Cir. June 2, 2025), the Sixth Circuit rejects the holdings of seven other circuits and holds that when a demand…
Zalma on Insurance
Federal Jurisdiction Requires a Federal Issue
By Barry Zalma
Contract Interpretation is a Matter of State Law Post 4918 See the full video at https://rumble.com/v5jxznx-federal-jurisdiction-requires-a-federal-issue.html and at https://youtu.be/Blh_2tALXVE Lititz Mutual Insurance Company sought a declaratory judgment that it is…
The Fiduciary Litigator
Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy
In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20, 2023).…
PrawfsBlawg
Is Declaratory Judgment the Answer to Republican Forum Shopping?
Main Friday, March 31, 2023Is Declaratory Judgment the Answer to Republican Forum Shopping?UCLA Professor Jonathan Zasloff, my friend and coauthor, has an intriguing article today on The American Prospect, suggesting…
Tort Talk
Request For Attorney Fees Rejected Relative to Declaratory Judgment Action
In the case of Atain v. Ins. Co. v. Kaz Tire, Inc., No. CV-21-3651 (E.D. Pa. Nov. 16, 2021 Kearney, J.), the court denied an insured’s request for attorney’s fees…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Holds That Conditional Counterclaim for Damages Does Not Bring Declaratory Action Within Court’s Mandatory Jurisdiction
In Argonaut Ins. Co. v. St. Francis Med. Cntrs., No. 19-17314 (9th Cir. Nov. 17, 2021), the Ninth Circuit holds that the ordinary rule that (1) a declaratory-relief claim brought…