What does a declaratory action seek?

Declaratory relief refers to a court’s judgment stating the rights of parties without ordering any specific action or listing awards for damages. When a party is requesting a declaratory judgment, the party is seeking an official declaration regarding the status of the controversy in issue.

What do you need to know about a declaratory judgment?

Overview. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. Typically, a party will first send a cease and desist letter prior to seeking declaratory judgment from a court. A declaratory judgment is often prior to the filing of a lawsuit,…

Is the ldja the same as the declaratory judgment act?

Although there is disagreement among Louisiana courts as to which Declaratory Judgment Act—the LDJA or the Federal Declaratory Judgment Act—should be applied in such cases, both Acts render the same result. Cf Bilyeu, 2016 WL 5721070 with Phoenix Expl. Co. v. Am. Int’l Specialty Lines Ins. Co., 2017 WL 3159013, at *3 n.10 (W.D. La. May 23, 2017).

Can a claim for declaratory relief be added?

Under recent Louisiana court decisions, adding a claim for declaratory relief may be the secret weapon you’ve been waiting for. Pursuant to 28 U.S.C. § 1332 (a) (1), United States district courts have original jurisdiction over civil actions in which the amount in controversy exceeds $75,000 and is between citizens of different states. [1]

What makes a ldja an easy win for the plaintiff?

[14] The defendant’s “heavy” burden in proving improper joinder, coupled with the minuscule requirements the LDJA places on the plaintiff to defeat the claim, creates an easy win for the plaintiff, allowing the case to remain in state court.

When do I need a declaratory judgment action?

A declaratory judgment action may involve a lawsuit that has already been filed and in which there is some issue (i.e., insurance coverage).

Why does an insurance company file a declaratory judgment?

One of the more common reasons for filing a declaratory judgment action is that an insurance company is seeking to determine whether it has an obligation to defend or to satisfy any resulting judgment in relation to a lawsuit that has been filed against its insured.

Can a litigant seek declaratory judgment in Georgia?

Both federal and Georgia law provide for mechanisms by which litigantsmay seek declaratory relief from the courts.

Can a plaintiff seek both injunctive and declaratory judgment?

Often, it may be the case where a plaintiff seeks both injunctive and declaratory relief. In some cases, Injunctive relief may be denied (for example, there is no showing of irreparable harm), but a declaratory judgment issues, finding that the action or law at issue is illegal.