Insurer’s Complaint Is ‘Misuse’ Of Declaratory Judgment Act, Panel Says In Reversal

( March 17, 2025, 1:15 PM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 14 reversed a lower federal court’s grant of an insurer’s motion for summary judgment in its declaratory judgment lawsuit arising from an underlying personal injury verdict, concluding that the insurer’s complaint was a “misuse of the Declaratory Judgment Act” because the lower court should have declined to exercise its discretionary jurisdiction....