declaratory-judgment

52 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-846 Reed Christensen v. Department of Justice, et al. Eighth Circuit 2026-01-15 Denied Response Waived amendment-violations constitutional-rights declaratory-judgment eighth-circuit federal-jurisdiction jan6-misconduct 1. Did the Eighth Circuit Court of Appeals err in agreeing that a federal district court does not have jurisdiction to judge unconstitutional actions …
25-5854 Dmt MacTruong v. Donald J. Trump, President of the United States, et al. Second Circuit 2025-10-09 Denied Response WaivedIFP citizen-prosecution civil-rights constitutional-standing declaratory-judgment due-process separation-of-powers 1. Does Appellant-Petitioner, a U.S. citizen, living in one State of the Union, have standing to commence a civil action for a declaratory order/opini…
25-291 Georgia-Pacific Consumer Products LP, et al. v. International Paper Company, Inc., et al. Sixth Circuit 2025-09-12 Denied Response Waived cercla-statute-of-limitations contribution-action declaratory-judgment environmental-cleanup-costs potentially-responsible-parties superfund-liability 1. Does the theoretical availability of a contribution action under CERCLA § 113(f) foreclose recovery of costs under CERCLA § 107(a), even where all …
25-245 Fire-Dex, LLC v. Admiral Insurance Company Sixth Circuit 2025-09-03 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) abstention-doctrine coercive-relief declaratory-judgment diversity-jurisdiction federal-courts state-law When a complaint joins claims for declaratory relief on a novel state-law issue with claims for damages, does a district court retain its discretion t…
25-5195 Missouri, ex rel. Steven Albert Martin v. Ann Hansbrough, Presiding Judge, Circuit Court of Platte County, Missouri, et al. Missouri 2025-07-25 Denied IFP declaratory-judgment due-process fiduciary-control fourteenth-amendment judicial-inaction state-court 1. Whether a state court may constitutionally refuse to act on a properly filed Petition for Declaratory Judgment regarding private trusts and fiduci…
24-1290 Katie Sczesny, et al. v. Philip Murphy, Individually and in His Official Capacity as the Governor of New Jersey, et al. Third Circuit 2025-06-17 Denied Response Waived constitutional-challenge declaratory-judgment employment-termination executive-fiat public-health voluntary-cessation 1. Does the voluntary cessation doctrine require a defendant to provide affirmative assurance that the challenged conduct will not recur, particularly…
24-1147 Glenn Bowles, et al. v. Gretchen Whitmer, Governor of Michigan, et al. Sixth Circuit 2025-05-08 Denied Response Waived constitutional-challenge court-of-claims declaratory-judgment ex-parte-young standing state-officials Whether the Sixth Circuit Court of Appeals erroneously held that Petitioners, who sought a declaratory judgment under the Declaratory Judgment Act tha…
24-6727 David Wood v. Rachel Patton, Assistant Attorney General Fifth Circuit 2025-03-10 GVR Relisted (2)IFP article-iii-standing declaratory-judgment judicial-review plaintiff-injury redressability state-official Does Article III standing require a particularized determination of whether a specific state official will redress the plaintiff's injury by following…
24-6590 John Dwayne Garvin v. Levern Cohen, Warden Fourth Circuit 2025-02-19 Denied Response WaivedRelisted (2)IFP constitutional-rights declaratory-judgment grand-jury habeas-corpus judicial-process void-indictment 1. Whether a South Carolina Supreme Court's Order Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitu…
24-645 Kelsey Cascadia Rose Juliana, et al. v. United States, et al. Ninth Circuit 2024-12-12 Denied Amici (3) article-iii cheney-standard declaratory-judgment mandamus redressability standing (1) When plaintiffs have established their ongoing injuries are traceable to defendants' policies and practices, does Article III require a particul…
24A267 Kelsey Cascadia Rose Juliana, et al. v. United States, et al. Ninth Circuit 2024-09-16 Presumed Complete article-iii-standing declaratory-judgment fifth-amendment leave-to-amend ninth-circuit redressability 1. The petition for a writ of certiorari would raise two issues. The first is the manner of analyzing the redressability prong of Article III standing…
24A241 John Dwayne Garvin v. Levern Cohen, Warden Fourth Circuit 2024-09-06 Denied certificate-of-appealability constitutional-challenge declaratory-judgment due-process grand-jury habeas-corpus Does a South Carolina Supreme Court's Decision Declining to Entertain a Complaint for a Declaratory Judgment to Determine the Legality and Constitutio…
24-91 Targeted Justice, Incorporated, et al. v. Merrick B. Garland, Attorney General, et al. Fifth Circuit 2024-07-29 Denied Response WaivedRelisted (2) administrative-law civil-rights declaratory-judgment due-process injunctive-relief national-security redress-mechanism standing subject-matter-jurisdiction terrorist-watchlist The No-Fly and Selectee lists of the Terrorist Screening Database (TSDB) known as "handling codes 1 and 2" make up the terrorism watchlist that contai…
24A43 Carlos Demond Robinson v. Sean Janson, Warden Fourth Circuit 2024-07-15 Presumed Complete declaratory-judgment jones-v-hendrix section-2241 section-2255 statutory-interpretation successive-collateral-attack Question not identified.
23-7809 Ruben Gutierrez v. Luis Saenz, et al. Fifth Circuit 2024-06-26 Judgment Issued Amici (2)IFP article-iii-standing circuit-split declaratory-judgment due-process federal-courts redressability reed-v-goertz state-official In Reed v. Goertz, 598 U.S. 230, 234 (2023), this Court held that Rodney Reed has standing to pursue a declaratory judgment that Texas's post-convicti…
23A837 Centura Health Corporation, a Colorado Non-Profit Corporation, et al. v. Barbara Morris, M.D. Colorado 2024-03-12 Presumed Complete church-autonomy declaratory-judgment employment-termination first-amendment pretext religious-organization (1) Under the church-autonomy doctrine, can a jury determine whether a doctor violated her employer's policies, where the doctor's underlying conduct …
23-921 Mark Jerome Johnson Blount v. United States, et al. Eighth Circuit 2024-02-26 Denied Response Waived 2nd-amendment civil-rights constitutional-rights declaratory-judgment enforcement-deterrence pre-enforcement-action pre-enforcement-challenge reasonable-fear-of-enforcement second-amendment standing standing-doctrine Does Petitioner, in a pre-enforcement action brought under the Declaratory Judgment Act, have to allege that he has already violated the law or "will …
23-874 Impossible X LLC v. Impossible Foods Inc. Ninth Circuit 2024-02-14 Denied causation civil-procedure declaratory-judgment declaratory-relief due-process forum-contacts personal-jurisdiction specific-jurisdiction trademark-noninfringement Under the U.S. Constitution, courts may not exercise specific personal jurisdiction unless the plaintiff's alleged injury "arise s out of or relate s …
23-6269 Yavonne Hand v. United States Fifth Circuit 2023-12-15 Denied Response WaivedIFP administrative-hearing administrative-law civil-rights criminal-conduct declaratory-judgment due-process ethics-violation government-misconduct public-officials standing IN AN ACTION IN WHICH THE SOLE CLAIM TO BE TRIED IS A CLAIM UNDER THE DECLARA TORY JUDGMENT ACT RESULTING TO VIOLATION OF ETHICS AND CRIMINAL CONDUCT…
23-490 Enrique Jevons, as a Managing Member of Jevons Properties LLC, et al. v. Jay Inslee, Governor of Washington, et al. Ninth Circuit 2023-11-08 Denied Amici (2)Response Waived covid-19 declaratory-judgment eviction-moratoria fifth-amendment just-compensation regulatory-taking standing takings-clause 1. Because the Takings Clause of the Fifth Amendment demands just compensation for governmental takings, including temporary ones, did the Ninth Circu…
22-1124 Christian Gilbert Tony Nadal v. United States Ninth Circuit 2023-05-18 Denied Response Waived civil-rights coram-nobis declaratory-judgment due-process federal-question fraud habeas-corpus machine-gun-regulation machine-guns second-amendment silencers 1. Are catalogues given to Petitioner ie: Global Sales Limited and Shotgun News fraudulently advertising for sale illegal machinegun and silencer kits…
22-924 John M. Fife v. Financial Industry Regulatory Authority, Inc. Second Circuit 2023-03-22 Denied Response Waived administrative-law declaratory-judgment due-process exchange-act federal-jurisdiction finra-discipline securities-exchange-act securities-law standing subject-matter-jurisdiction Whether Congress impliedly stripped federal district courts of their "exclusive jurisdiction" to determine whether FINRA violates the Exchange Act whe…
22-836 Hiram I. Perez Soto v. Maite D. Oronoz-Rodriguez, Chief Justice, Supreme Court of Puerto Rico, et al. First Circuit 2023-03-03 Denied Response Waived civil-rights declaratory-judgment disbarment due-process ethical-complaints injunction judicial-immunity judicial-misconduct section-1983 standing I filed a complaint in the Federal District Court of Puerto Rico in March 2019 19CV-1266 Leading case, and 19CV-1774. I wanted to obtain a declaratory…
22-6485 Annamarie Riethmiller v. Unnamed Defendants Fourth Circuit 2023-01-09 Denied IFP administrative-law civil-procedure constitutional-rights declaratory-judgment due-process judicial-review legal-interpretation presidential-actions standing state-court statutory-interpretation Question not identified.
22-6115 Danny Fabricant v. Federal Election Commission, et al. District of Columbia 2022-11-21 Denied Response WaivedIFP article-iii-standing campaign-finance constitutional-law constitutional-qualifications declaratory-judgment equal-protection federal-election-campaign-act federal-election-commission prisoner-litigation standing statutory-interpretation 1. Does 52 U.S.C. § 30101's REQUIREMENT, that potential candidates for the House of Representatives report (either) the receipt of more that $5,000 in…
22-465 Georgia-Pacific Consumer Products LP, et al. v. International Paper Company, et al. Sixth Circuit 2022-11-16 Denied CVSGAmici (1)Relisted (2) cercla cercla-statute-of-limitations contribution contribution-action damages declaratory-judgment environmental-liability judicial-interpretation response-costs statute-of-limitations CERCLA's three-year statute of limitations for an "action for contribution for any response costs or damages" under § 113(f) begins running on "the da…
22-426 Transperfect Global, Inc., et al. v. Robert Pincus Delaware 2022-11-07 Denied contempt contempt-power corporate-litigation declaratory-judgment delaware-law due-process first-amendment judicial-declaration petition-clause Whether holding TPG in contempt because it filed a lawsuit in Nevada unconstitutionally burdened TPG's First Amendment right to petition.
21-1155 Natalia Marshall v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. Fourth Circuit 2022-02-22 Denied Response Waived civil-rights declaratory-judgment fourth-circuit injunctive-relief mootness second-amendment standing I. Whether a suit seeking a declaratory judgment and injunctive relief is rendered moot on appeal if the plaintiff remains negatively impacted by the …
21-997 Mark Brnovich, Attorney General of Arizona, et al. v. Arizona Attorneys for Criminal Justice, et al. Ninth Circuit 2022-01-13 Denied Amici (1) civil-procedure civil-rights declaratory-judgment federal-courts first-amendment free-speech injunctive-relief standing state-criminal-proceedings state-sovereignty younger-abstention In 1990, Arizona voters amended the Arizona Constitution to include the Victims' Bill of Rights. See Ariz. Const. art. II, §2.1. Arizona then passed t…
21-942 Clark County Bancorporation v. Federal Deposit Insurance Corporation, as Receiver for Bank of Clark County Ninth Circuit 2021-12-27 Denied administrative-claims declaratory-judgment federal-common-law firrea jurisdiction jurisdictional-rule tax-refund This case presents an important issue of the failure of lower courts to adhere to relevant Supreme Court decisions, Rodriguez v. FDIC, as Receiver for…
21-6479 Earnest Lee Langston v. Don Phillips, Chairman, Missouri Board of Probation and Parole Missouri 2021-12-02 Denied Response WaivedIFP board-of-probation declaratory-judgment due-process fraud hearing judicial-review missouri-statute parole parole-eligibility procedural-fairness state-statute substantive-due-process 1) WHETHER THE MISSOURI BOARD OF PROBATION AND PAROLE VIOLATED PETITIONER'S SUBSTANTIVE DUE PROCESS RIGHTS BY APPLYING A NEW PAROLE STATUTE, SECTION 5…
21-664 Patrick J. Downey v. City of Toledo, Ohio Sixth Circuit 2021-11-04 Denied Response Waived civil-rights declaratory-judgment due-process federalism fourteenth-amendment home-rule municipal-ordinance police-powers statutory-interpretation Do federal courts have legal authority to alter or amend the plain meaning of a lawfully-enacted statute of a sovereign state or a lawfully-enacted or…
21-566 Teresa Ward Cooper, as Next Friend of Jane Doe/D. T. v. First Financial Bank, N.A. Texas 2021-10-19 Denied Response Waived 14th-amendment attorney-fees civil-procedure constitutional-review declaratory-judgment equal-protection mootness standing subject-matter-jurisdiction When its petition was filed, did the Bank have standing to sue Petitioner/D.T. to remove a claimed uncertainty? After the Bank pled in its Motion for…
21-191 Sergei Vinkov v. United States District Court for the Central District of California, et al. Ninth Circuit 2021-08-11 Denied case-or-controversy civil-rights constitutional-claims declaratory-judgment diversity-jurisdiction establishment-clause first-amendment free-speech insurance-coverage standing subject-matter-jurisdiction (1) Whether the District Court abused its discretion retaining jurisdiction over the Declaratory Judgment Act (28 USC § 2201(a)) in the insurance disp…
21-179 Nehemiah Rolle, Jr. v. Norman St. George Second Circuit 2021-08-06 Denied Response Waived 42-usc-1983 civil-rights declaratory-judgment due-process equity equity-lawsuit federal-jurisdiction judicial-review jury-trial section-1983 1. Does a state court judicial officer like Respondent Norman St. George have the right to malicious criminally slander and libel and malicious defame…
20-1716 Melvin Trent Walker v. Tom Wolf, Governor of Pennsylvania, et al. Third Circuit 2021-06-11 Denied Response Waived civil-rights civil-rights-act constitutional-law declaratory-judgment discrimination-claims district-court-jurisdiction employee-definition employee-status punitive-damages standing title-vii Constitutional Question is the Governors Code of Conduct constitutional? 16AM Juris. 2nd Ed.Const. Law. Sect. 177 Declaratory Judgement Act Commonweal…
20-1698 Philip Palade, et al. v. Board of Trustees University of Arkansas System, et al. Eighth Circuit 2021-06-08 Denied academic-freedom contract-rights declaratory-judgment due-process employment-contract property-rights retroactive-application standing standing-doctrine tenure-rights Whether the lower courts erred in holding that Petitioners lacked standing to seek declaratory relief concerning the retroactive application of newly-…
20-1619 Expensify, Inc. v. Eddie White Ninth Circuit 2021-05-19 Denied Response Waived americans-with-disabilities-act civil-rights declaratory-judgment dignitary-interests due-process free-speech mootness ninth-circuit nominal-damages standing (No. 17,322) The question presented is whether Uzuegbunam merits summarily granting the petition, vacating the judgment, and remanding to determine wh…
20-1452 Rick C. Sasso v. Warsaw Orthopedic, Inc., et al. Federal Circuit 2021-04-16 Denied 28-usc-1295(a)(1) 28-usc-1338(a) breach-of-contract declaratory-judgment federal-circuit federal-patent-laws jurisdiction patent-jurisdiction removal-jurisdiction subject-matter-jurisdiction Whether this is a case "arising under" federal patent laws under 28 U.S.C. § 1338(a) within the Federal Circuit's jurisdiction under 28 U.S.C. § 1295(…
20-6138 Jerry Walker v. Wendy Kelley, Director, Arkansas Department of Correction Arkansas 2020-10-26 Denied Response WaivedRelisted (2)IFP 6th-amendment civil-rights confrontation-clause constitutional-challenge criminal-procedure declaratory-judgment due-process evidence procedural-error sixth-amendment DECLARATON® FOUOGEMNZNT THAT HE UIAS DEAITED DVE PROCESS ses HES CRIMTMAL etal. whtsI FAE CoORT ADIN TZTED THE pring restimouy oF al vsavartliadee ulr…
20-5096 In Re Shavez Evans 2020-07-16 Denied IFP 42-usc-1983 campaign-finance civil-rights constitutional-law declaratory-judgment due-process equal-protection first-amendment judicial-elections judicial-immunity state-court 1) he Distic Cor Aiona n the ptner Evn uce ual when abusing their discretion ruling Judges are absolutely immone. from S 1983 suits for damages when t…
19-1441 City of Austin, Texas v. Ken Paxton, Attorney General of Texas, et al. Fifth Circuit 2020-06-30 Denied Response RequestedResponse WaivedRelisted (2) civil-rights declaratory-judgment due-process eleventh-amendment ex-parte-young federal-jurisdiction federal-preemption preemption standing state-preemption supremacy-clause Under Ex parte Young, is a state official a proper defendant in a federal declaratory judgment challenge under the Supremacy Clause to the validity of…
19-8395 Peter Gakuba v. Charles O'Brien, et al. Seventh Circuit 2020-05-05 Denied Response WaivedIFP administrative-law civil-rights declaratory-judgment due-process equitable-relief federal-jurisdiction free-speech judicial-review standing statutory-protection ISSUES PRESENTED FOR REVIEW THE VIDEO PRIVACY PROTECTION ACT (VPPA) (8 USC §§ 2710(A), 2710(B)(2)(C), 2710(4), 2710(E) AMAZON V. LAY 758 F.SUPP.2D 11…
19-7152 Allan M. Leavitt v. Cynthia A. Phillips, et al. Massachusetts 2020-01-03 Denied Response WaivedIFP choice-of-law civil-rights constitutional-interpretation contract-enforcement contract-law declaratory-judgment due-process interstate-dispute judicial-procedure massachusetts property property-rights property-rights-deprivation standing state-interest vermont 1)Did Massachusetts deprive a Vermont citizen the fundamental right to property without a compelling state interest by refusing to enforce its substan…
19-65 Jonna Corporation, dba Premier Recycling Company v. City of Sunnyvale, California Ninth Circuit 2019-07-12 Denied 42-usc-1983 circuit-split civil-procedure civil-rights declaratory-judgment due-process federal-rules-of-civil-procedure pleading pleading-standards property-rights section-1983 standing 1. Did Petitioner Premier Recycling adequately plead its Declaratory Judgment claim alleging a violation of 42 U.S.C. Section 1983, pursuant to FCRP 8…
18-8710 Veronica Moody Johnson v. Social Security Administration Fourth Circuit 2019-04-05 Denied Response WaivedIFP 14th-amendment civil-rights constitutional-rights declaratory-judgment due-process lien lien-enforcement social-security social-security-administration spousal-support Whether the United States District Court had jurisdiction to make a 14th 15th Amendment due process declaration of rights pursuant to the Declaratory …
18-1169 John Stephen Thorne v. Union Pacific Corporation, et al. Fifth Circuit 2019-03-08 Denied Response Waived civil-procedure declaratory-judgment equitable-defense equitable-defenses equity judicial-remedy laches legal-claims limitations-period prejudice property-rights statute-of-limitations stock-ownership texas-law Thorne initiated a declaratory judgment action seeking inter alia declarations that he owned the stock certificate issued by a predecessor-in-interest…
18-970 Thomas Mitchell, et al. v. Tulalip Tribes of Washington Ninth Circuit 2019-01-28 Denied Response RequestedResponse WaivedRelisted (2) allotment declaratory-judgment jurisdictional-challenge non-indian-fee-land regulatory-authority sovereign-immunity treaty treaty-rights tribal-authority tribal-taxation Does sovereign immunity bar the federal courts' consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise reg…
18-549 Voter Verified, Inc. v. Election Systems & Software LLC Federal Circuit 2018-10-26 Denied 35-usc-101 bilski-v-kappos collateral-estoppel declaratory-judgment federal-circuit issue-preclusion method-claims patent-infringement patent-validity res-judicata voting-method Whether the Federal Circuit erred in deciding that patent claims for a method of voting are invalid under 35 U.S.C. § 101 in a second action for paten…
18-304 Kimberly-Clark Corporation, et al. v. Jennifer Davidson Ninth Circuit 2018-09-11 Denied article-iii-standing consumer-protection consumer-standing deception declaratory-judgment false-advertising future-harm injunctive-relief product-misrepresentation standing Whether a consumer, who after using a product and determining that a representation concerning that product is allegedly misleading, can plausibly all…
18-182 AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc., et al. Federal Circuit 2018-08-09 Denied Response Waived actual-controversy article-iii declaratory-judgment drug-exclusivity fda-approval generic-drugs patent-invalidity pharmaceutical pharmaceutical-patents standing In the context of patent cases involving pharmaceutical products, does the "actual controversy" requirement of the Declaratory Judgment Act, 28 U.S.C.…
18-76 Tracey E. George, et al. v. Tre Hargett, Tennessee Secretary of State, et al. Sixth Circuit 2018-07-16 Denied Response Waived 42-usc-1983 civil-rights civil-rights-42-usc-1983 declaratory-judgment due-process equal-protection federal-action section-1983 state-actors (1) Whether state actor defendants may defend and foreclose a federal action brought under 42 U.S.C. § 1983 by suing civil rights plaintiffs in a subs…