Declaratory Judgment Act: Must Suppliers Bet The Farm?

Law360, New York (October 03, 2013, 4:51 PM ET) -- The Supreme Court’s decision in MedImmune v. Genentech allows courts to exercise subject matter jurisdiction under the Declaratory Judgment Act where the parties are embroiled in a substantial controversy of “sufficient immediacy and reality.”[1] The court in MedImmune established that a declaratory judgment plaintiff need not "bet the farm" or "risk treble damages" before being able to seek a declaration that its acts do not violate another’s rights.[2] Nonetheless, a line of Federal Circuit cases (before and after MedImmune) indicate a trend toward requiring declaratory judgment...
To view the full article, take a free trial now.
Try Law360 for free for seven days
Already a subscriber? Click here to login

Already have access?

  1. Forgot your password?
  2. Sign In

Get instant access to the one-stop news source for business lawyers