· 11/17/2023
LLOYD L. BOWEIN v. JOHN SHERMAN AND IRENE SHERMAN
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- collecting cases for the proposition that the injured party need not have sued the insured before a declaratory judgment action is filed
- collecting cases where courts had jurisdiction to issue declaratory relief even though an insured had not yet been sued
- quoting, with added emphasis, Maryland Cas. Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273 (1941)
- “But the sine qua non is an identifiable specific claim that has risen above the horizon.”
- “Absent [an] identifiable claim against [a party], there [is] no actual controversy to be resolved in the declaratory-judgment action.”
- “Article III has long been interpreted as forbidding federal courts from rendering advisory opinions.” (citing Flast v. Cohen, 392 U.S. 83, 96 (1968))
Source: CourtListener parenthetical corpus (CC0).
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.