The Evolving Declaratory Judgment Standard

Law360, New York (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...
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