Monday audio. District Court papers due next Monday, October 14. Make-up class at lunchtime on Monday, October 21.
How do 3-judge courts resolve objections to EpY? What is it about the cases listed in current § 2284(a) that warrant 3-judge courts? What does "when otherwise required by Act of Congress" mean in § 2284(a)? When might Congress require a 3-judge court, how, and why?
What is a declaratory judgment and how does it differ from an
injunction? How does the availability of declaratory judgments address the concerns underlying EpY? Again, use the versions of § 2201 and § 2202 from the blog; the versions in the books are incomplete.
Consider possible enforcement and anticipatory/pre-enforcement actions for DJ that could arise from the following circumstances:
•
2017 MGM mass shooting (complaint on blog): Victims have tort claims
against MGM; MGM believes it is protected by a federal statute
immunizing property owners from claims arising from terrorist
activities. The statute provides a federal right of action against the
third-party hired by the property owner to provide security services; no
claim lies against the property owner. (Note that the stuff that matters for us begins on p. 46 of the complaint; the rest is party identity).
• Nautilus Ins. Co. provides commercial liability insurance for the Fantasia Hookah Lounge; the policy has an exclusion (does not provide coverage) for assault and battery. During an exchange of gunfire between Fantasia security and an armed patron, Jorge Hernandez sustains injuries.
• Mottley
• Medimmune v. Genentech
• Skelly Oil (discussed in Chemerinsky)
How is federal-question jurisdiction determined in these anticipatory actions and is there federal-question jurisdiction in the above cases?
Why would Medimmune seek a DJ rather than waiting for the lawsuit and defending--what benefits does it get? Why would Genentech seek a DJ of validity rather than suing for infringement? Why is a DJ (without an injunction) sufficient in the Genentech/Medimmune dispute? What happens if a DJ issues or not in each case? What are the possible actions arising from the Skelly Oil facts? How is federal-question jurisdiction determined in these anticipatory actions and is there jurisdiction in the above cases?
