Civil Procedure 2021

Resource 4 . 4 . 3 . 4

8 minutes

Skelly Oil Co. v. Phillips Petroleum Co. [OPTIONAL]

I. Glenn Cohen

tl;dr - Declaratory judgment cases cannot be used as a means into federal court. Courts will consider the non-declaratory judgment case one would bring, and whether there is a federal question in that case that would appear in a well-pleaded complaint. If not, the court cannot consider the case.

Supreme Court of the United States

339 U.S. 667, 94 L. Ed. 2d 1194, 70 S. Ct. 876, SCDB 1949-088, 1950 U.S. LEXIS 1813

No. 221

1950-06-05

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.