· 11/2/2010
Tocci Building Corp. of New Jersey, Inc. v. Virginia Surety Co.
Citations
- 750 F. Supp. 2d 316
- 2010 U.S. Dist. LEXIS 116488
- 2010 WL 4340656
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- evaluating a claim for declaratory judgment in a diversity action under the federal, rather than the state, act because “[a] declaratory judgment action is procedural only”
- evaluating a claim for declaratory judgment in a diversity action under the federal, rather than the state, act because “[a] declaratory judgment action is procedural only”
- denying motion to dismiss after finding it “inappropriate to interpret those policies or provisions at this time because the level of detail required to interpret the relevant policies exceeds any requirement of notice pleading”
- “However, an action seeking a declaratory judgment must present an ‘actual case or controversy’ within the meaning of Article III of the United States Constitution.”
- “A declaratory judgment action is procedural only. . . . [and] is properly considered under the federal Declaratory Judgment Act rather than under Massachusetts’ Declaratory Judgment Act.” (internal citations omitted)
- “A declaratory judgment action is procedural only. As such, the justiciability of [the plaintiff’s declaratory judgment claim] is properly considered under the federal Declaratory Judgment Act, rather than under Massachusetts’ Declaratory Judgment Act.” (citations omitted
Source: CourtListener parenthetical corpus (CC0).
Judges: Douglas P. Woodlock
Read full opinion on CourtListenerSourced 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.