Friday, May 25th, 2018

CA7 Joins CA3 on §1421(c) and §1429: Klene v. Napolitano

"The existence of overlapping proceedings does not diminish a district court’s power but does present a question on which the judge should exercise sound discretion.  A judge asked to enter a declaratory judgment that as a practical matter will dispose of some other case should consider whether a multi-track course of litigation is the best way to resolve the dispute. … Appellate review of the judge’s decision—whether to grant or to withhold declaratory relief—is deferential. … In Klene’s case, however, the district judge thought that he had no discretion to exercise.  That was a mistake, so we remand with instructions to decide whether it is appropriate to resolve the dispute through a declaratory judgment and, if so, to decide the merits." –