Circuit split · civil procedure
Whether a district court's decision whether to exercise its jurisdiction under the Declaratory Judgment Act is reviewed de novo or for abuse of discretion
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Nationwide Insurance v. Zavalis52 F3D 689
Seventh Circuit Court of Appeals · April 14, 1995
“There is a "simmering circuit split” over the appropriate degree of deference to be accorded a district court's decision whether to exercise its declaratory power.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · 10th Cir.State Farm Fire & Casualty Co. v. Mhoon31 F.3d 979
- Discussed · 7th Cir.A.G. Edwards & Sons, Inc. v. Public Building Comm'n of St. Clair County, Ill.921 F.2d 118
- DiscussedCardinal Chem. Co. v. Morton Int'l, Inc.113 S.Ct. 1967
- Discussed · 7th Cir.NUCOR Corp. v. Aceros y Maquilas de Occidente, S.A. de C.V.28 F.3d 572
- Joined byTempco
“We shall assume that Tempco remains good authority and review the district court’s rationale in this case de novo.” — Nationwide Insurance v. Zavalis, acknowledging the split
What the split turns on
- Doctrines & tests:
- abuse of discretion standard ·
- de novo standard
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.