What is a DJ action?

actions, commonly re-ferred to as “DJ actions,” have histori- cally provided a mech- anism for companies threatened with a patent infringement claim, e.g., through a cease and desist letter sent by a patent holder, to preemptively file a lawsuit seek- ing a court ruling declaring the patent invalid or not infringed.

How to write a petition for a declaratory judgment?

Include a prayer for relief at the conclusion of the petition. The prayer for relief is a short section succinctly stating what the plaintiff is seeking. It should state that the plaintiff is seeking declaratory relief and what statutes or laws apply. Be sure to sign the petition and include contact information.

When to use the declaratory judgment action in Louisiana?

So, the next time you file an action in Louisiana state court but are concerned that the defendant will remove to federal court based on improper joinder of a non-diverse defendant, be sure to use your secret weapon, the declaratory judgment action. [1] 28 U.S.C. § 1332 (a) (1) (2012).

Is there cause of action for declaratory judgment?

If there is a cause of action for declaratory relief, however, the test is different. [6] The court in Bilyeu v. Wells Fargo Insurance Services, Inc., found that the Louisiana Declaratory Judgment Act (“LDJA”) [7] alters what it means to “recover against” a non-diverse defendant. [8]

Can a claim for declaratory relief be added?

Under recent Louisiana court decisions, adding a claim for declaratory relief may be the secret weapon you’ve been waiting for. Pursuant to 28 U.S.C. § 1332 (a) (1), United States district courts have original jurisdiction over civil actions in which the amount in controversy exceeds $75,000 and is between citizens of different states. [1]

What does filing a declaratory judgment mean?

A declaratory judgment is a judgment rendered by a judge without ordering any party to pay damages or make restitution. It is a declaration by the court of whether the plaintiff or defendant set forth the winning argument, but neither party is expected to act further in accordance with the judge.

Can I file a declaratory judgment on my own?

The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction , or sue for minor damages in the law of unjustified threats.

When can you file a declaratory judgment action’?

A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example,…

What is a motion for declaratory relief?

Declaratory relief refers to a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy.