Try our Advanced Search for more refined results

Expert Analysis

The Evolving Declaratory Judgment Standard

Law360 (September 3, 2008, 12:00 AM EDT) -- In January, 2007, the Supreme Court, in a footnote, reaffirmed an old standard for declaratory judgment jurisdiction. MedImmune Inc. v. Genentech Inc., 127 S.Ct. 764, 767, ftnt. 11, 2007 U.S. LEXIS 1003 (January 9, 2007). The Court criticized the "reasonable apprehension of suit" test and instead explained, "the question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between the parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment."...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!