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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.