An action for declaratory judgment provides a party with the unique opportunity to obtain a preventative, binding ruling on “a case of actual controversy.” Crucially, if a declaratory judgment action does not involve an actual “case or controversy”, the matter will be summarily dismissed for a lack of subject matter jurisdiction.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 24, 2012. The original post can be accessed via the Archived Link button above.
Anderson, Paul G., "A Change for the Better: Copyright Law no Longer Immune to MedImmune" (2012). AELJ Blog. 8.