1. (§13.23) Case or Controversy

• Library: Federal Civil Litigation in Oregon (OSBar) (2009 Ed.)

1. (§13.23) Case or Controversy

The power of the district courts to grant declaratory relief is limited to "case[s] of actual controversy." 28 USC §2201(a); Principal Life Ins. Co. v. Robinson, 394 F3d 665, 669 (9th Cir 2005). See US Const Art III, §2. An actual controversy exists, for the purposes of the Declaratory Judgment Act, when there is a substantial controversy between parties having adverse legal interests of sufficient immediacy and reality. Lake Carriers' Ass'n v. MacMullan, 406 US 498, 506, 92...