· 7/25/1988
Mercantile National Bank at Dallas v. Bradford Trust Company, N/k/a Fidata Trust Company
Citations
- 850 F.2d 215
- 1988 U.S. App. LEXIS 9932
- 1988 WL 69310
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that federal courts may only award attorneys’ fees in declaratory judgment actions, which originated under state law, where federal law authorizes the award
- holding that the federal Declaratory Judgment Act “does not by itself provide statutory authority to award attorney’s fees that would . . . otherwise be available under state law in a diversity action”
- finding that in a declaratory judgment action based upon diversity, liability for attorney fees depends on state law
- “The federal Declaratory Judgment Act ‘does not by itself provide statutory authority to award attorney’s fees that would not otherwise be available under [substantive] state law in a diversity action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown, Gee, Garwood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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