Private Rights Of Action In Federal Statutes

• Jurisdiction: United States,Federal
• Author: Mr Steven Davidson, Shannen W. Coffin, Michael Baratz, Molly Bruder Fox, Mark Murphy and Cannon Jurrens
• Law Firm: Steptoe & Johnson
• Published date: 05 October 2023

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. In today's update, we examine a recent Steptoe victory in federal court on behalf of its client, Korea Electric Power Corp. and Korea Hydro & Nuclear Power Co., Ltd. (KEPCO/KHNP). This victory highlights the importance of asking fundamental questions about a plaintiff's right to sue for declaratory relief.

The Declaratory Judgment Act (the Act) provides a mechanism for litigants to address statutory or constitutional violations in federal court. But it does not by itself provide a cause of action to sue. Indeed, the Supreme Court has observed that the availability of relief under the Act "presupposes the existence of a judicially remedial right." Schilling v. Rogers, 363 U.S. 666, 677 (1960) (emphasis added).

Thus, while the Act broadens the array of remedies accessible to litigants in federal courts, it does not establish an independent foundation for federal relief. The Supreme Court has characterized the Act as "procedural" in nature...