Court of Chancery Explains Jurisdiction Despite Declaratory Judgment

Morris James LLP
Contact

Doe v. Coupe,  C.A. No. 10983-VCP (July 14, 2015)

It is often contended that the availability of a declaratory judgment in Superior Court to determine the parties’ rights may deprive the Court of Chancery of jurisdiction to grant an equitable remedy such as an injunction. After all, it is assumed that the parties will obey the decision of the Court in deciding their rights.

But as this decision shows, the Court of Chancery may still have jurisdiction when it is satisfied that the equitable remedy sought is based on established past practice in such matters and is not just a make-weight excuse to get into the Court of Chancery.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morris James LLP | Attorney Advertising

Written by:

Morris James LLP
Contact
more
less

Morris James LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide