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· 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).

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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.