· 6/26/2018
HSBC Bank USA, Nat'l Ass'n v. Bartolome
Citations
- 421 P.3d 695
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the Second Circuit has regularly interpreted the Declaratory Judgment Act to confer “a broad grant of discretion to district courts to refuse to exercise jurisdiction over a declaratory action that they would otherwise be empowered to hear”
- holding that, among other factors, a district court may decline to exercise its discretionary jurisdiction under the Declaratory Judgment Act where the declaratory judgment sought will not “serve a useful purpose in clarifying or settling the legal issues involved”
- stating that “district courts retain ‘broad discretion’ to decline jurisdiction under the [Declaratory Judgment Act]” and identifying factors that “should inform a district court’s exercise of such discretion”
- explaining that district courts retain “broad discretion” to decline jurisdiction under the DJA
- stating that “whether the declaratory judgment sought will serve a useful purpose in clarifying or settling the legal issues involved” is one factor a district court may consider in exercising this broad discretion (alterations adopted
- noting that in a “district court must find a the Supreme Court, for the proposition that “standing is present where the plaintiff asserts an increased risk of future harm is injury-in-fact.” (Pl. Mem. at 13-14.
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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