What is the current state of the law in the United States when it comes to declaratory litigation?

Ontario, Canada


The following excerpt is from Amtim Capital Inc. v. Appliance Recycling Centers of America, 2013 ONSC 4867 (CanLII):

It has been held that, “[U.S.] courts take a dim view of declaratory plaintiffs who file their suits mere days or weeks before the coercive suit filed by the natural plaintiff, and who seem to have done so for the purpose of acquiring a favourable forum.” Sikorsky v. Lloyds, supra, p. 30-31

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