Musselman v. Blue Cross & Blue Shield of Alabama

I write separately because I respectfully disagree with my learned colleague Judge Tjoflat, whose concurring opinion questions the propriety of using a declaratory-judgment action as a means of determining the scope of the settlement agreements in this case. His assertion that “[ajllowing a declaratory judgment to issue for these purposes would significantly defang the injunction as a remedy, which would work a *833serious ham on the rule of law and the integrity of the judiciary” (Tjoflat Op. at 1) finds no support in the text of the Declaratory Judgment Act, the caselaw of this or any other…