Case Citator › Brillhart v. Excess Insurance Co. of America

Brillhart v. Excess Insurance Co. of America

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of the United States
Citation
316 U.S. 491
Decided
Confirmed treatments
1
Flagged citations read
99 of 99
Citing cases (total)
99
Treatment dates
2009
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. All 99 flagged citations have been read. R.R.
More on how this was screened

Street & Company v. Vulcan Materials Company declined to extend Brillhart v. Excess Insurance Co. of America's discretionary abstention rule to independent claims for damages joined with a declaratory claim. That confirmed limit is listed below; courts continue to apply Brillhart to declaratory judgment claims.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

99 later cases cite Brillhart v. Excess Insurance Co. of America; 99 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Brillhart v. Excess Insurance Co. of America?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Seventh Circuit held that Brillhart discretion does not permit dismissal of independent claims for damages joined with a declaratory judgment claim.

    R.R. Street & Company v. Vulcan Materials Company · Seventh Circuit · filed

    Therefore, the district court was without discretion under Wilton/Brillhart to dismiss the non-declaratory claims
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Brillhart v. Excess Insurance Co. of America and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace