· 10/20/1995
Atlanta Gas Light Co. v. Aetna Casualty & Surety Co.
Citations
- 68 F.3d 409
- 95 Fulton County D. Rep. 3637
- 1995 U.S. App. LEXIS 29773
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there was no ripe case or controversy where an insured filed suit in an “anticipatory 6 Case: 19-11439 Date Filed: 02/25/2020 Page: 7 of 18 maneuver” before its insurers received notice of the potential liability for cleanup costs
- vacating and remanding for dismissal when “district court made no determination as to the existence of a justiciable case or controversy [yet] proceeded to address the merits of the summary judgment motions”
- “In all cases arising under the Declaratory Judgment Act, . . . the threshold question is whether a justiciable controversy exists.”
- “In all cases arising under the Declaratory Judgment Act . . . the threshold question is whether a justiciable controversy exists.”
- no justiciable case or controversy where plaintiff insured filed a declaratory judgment action based on the fact that “defendant insurers denied coverage to similar utilities under similar circumstances in the past”
- in determining whether there is an Article III case or controversy, \we 'look to the state of affairs as of the filing of the complaint; a justiciable controversy must have existed at that time' \
Source: CourtListener parenthetical corpus (CC0).
Judges: Cox, Fay, Nelson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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