Malowney v. Federal Collection Deposit Group

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that to state a claim under the Declaratory Judgment Act, 28 U.S.C. § 2201, the facts alleged must demonstrate an “actual controversy,” meaning “a substantial continuing controversy between two adverse parties”
• stating that issues not argued on appeal are deemed abandoned
• noting that “[a]n amended 1 The Doppelt Action recently settled, and an Order of Dismissal with Prejudice was entered in that case on September 5, 2019. (Doc. #95.) complaint supersedes a previously filed complaint”
• explaining that, for the plaintiff to have standing to seek declaratory relief, the plaintiff’s injury “may not be conjectural, hypothetical, or contingent; it must be real and immediate, and create a definite, rather than speculative threat of future injury”
• noting that “[a]n amended complaint supersedes a previously filed complaint”
• noting that “[a]n amended complaint supersedes a previously filed complaint”

Source: CourtListener parenthetical corpus (CC0).