Hanback v. DRHI, Inc.
District Court, E.D. Virginia
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
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009
- United States Ex Rel. Wilson v. Kellogg Brown & Root, Inc.Court of Appeals for the Fourth Circuit · 2008
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- Johnson v. Cricket Council USA Inc.District Court, E.D. North Carolina · 2023
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