United States Third Circuit

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Rarick v. Federated Serv. Ins. Co., 15-3606

In a civil case to determine the legal standard applicable in complaints that seek both declaratory and legal relief, the district court's order to show cause why it should not remand the case to the Court of Common Pleas consistent with its discretion under the Declaratory Judgment Act is vacated where: 1) the 'heart of the matter' test is problematic because it enables plaintiffs to avoid federal subject matter jurisdiction through artful pleading; and 2) the independent claim test is the applicable legal standard for review of a complaint that seeks both legal and declaratory relief.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/03/28

Judges

  • HARDIMAN

Court

  • United States Third Circuit

Counsel


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