Also known as: declaratory judgments · declaratory relief
Written by attorneys · grounded in primary & secondary sources — see below
A judicial determination that establishes the rights and legal relations of the parties without ordering coercive relief or awarding damages.
Desert Oil operates refineries across multiple states. Employees file a class action alleging uniform safety violations. The court certifies the class under Rule 23(b)(2) because the company applied the same policies to all workers. A declaratory judgment resolves whether those policies violate federal law for the entire class at once.
Dillon Energy holds an easement across land owned by Dynamic Solutions. The easement requires maintenance of access roads. Dynamic Solutions blocks the roads claiming changed conditions. Dillon Energy sues for a declaratory judgment confirming the easement remains enforceable under the servitude terms.
Select any source to read its text and confirm it supports the definition.
Diane Dawson, a state environmental regulator, enforces a statute later held to conflict with federal law. A regulated company sues Dawson in federal court seeking only a declaration that continued enforcement violates federal rights. The suit proceeds because the officer is treated as acting without state authority.
Penn Central owns Grand Central Terminal. New York City designates the building a landmark and blocks proposed additions. The company sues seeking a declaratory judgment that the restrictions constitute a taking without just compensation under the Fifth Amendment.
A Florida decedent's will creates trusts in Delaware. Residuary beneficiaries petition a Florida court for a declaratory judgment determining which property passes under the residuary clause and how powers of appointment were exercised.
Shareholders sue Parklane Hosiery alleging a misleading proxy statement. The SEC previously obtained a declaratory judgment against the same defendants on identical issues. The shareholders move for partial summary judgment asserting that the prior declaration precludes relitigation of those issues.
A declaratory judgment is appropriate when a declaration of rights will protect the parties without the need for coercive relief. Courts consider whether the declaration provides adequate protection compared to an injunction.
No. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate under the governing rules.
Yes. An insurer asserting a coverage defense may file a declaratory judgment action to determine whether coverage exists and whether a duty to defend is owed.
The plaintiff must present a reasonably concrete dispute rather than an abstract or hypothetical question. The requested declaration must resolve an actual controversy between the parties.
…Justices White and Rehnquist filed dissenting opinions. Syllabus This is an action by a pregnant single woman (Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or attempt an abortion except on medical advice for the purpose of saving the mother's life. A…