Legal Opinion

Hanback v. DRHI, Inc.

District Court, E.D. Virginia

Decided March 11, 2015No. 1:14-cv-1789PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

In this removed, diversity breach-of-contract case, defendants have filed a threshold motion to dismiss raising the following questions:(1) Whether dismissal of a declaratory judgment claim is warranted where, as here, the declaration sought concerns an alleged breach of contract and damages that have already occurred, and a declaration of rights would not provide guidance to the parties for future conduct under the contract or serve to clarify any ongoing legal relations among the parties;(2) Whether plaintiffs breach-of-contract claim is…

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  4. Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009
  5. United States Ex Rel. Wilson v. Kellogg Brown & Root, Inc.Court of Appeals for the Fourth Circuit · 2008

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3Cited by11 opinions

  1. AvePoint, Inc.District Court, E.D. Virginia · 2020
  2. CJM Financial, Inc. v. Leebcor Services, LLCDistrict Court, E.D. Virginia · 2021
  3. DLB Enterprises LLC v. Kanawha Stone Company, Inc.District Court, S.D. West Virginia · 2022
  4. GREAT AMERICAN INSURANCE COMPANY v. CAVALIER WINSTON DEVELOPMENT LLCDistrict Court, M.D. North Carolina · 2024
  5. Johnson v. Cricket Council USA Inc.District Court, E.D. North Carolina · 2023

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