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DECLARATORY JUDGMENT AND CIVIL PROCEDURE - EX PARTE VALLOZE

Ex parte Valloze, [Ms. 1111335, Sept. 27, 2013] ___ So. 3d ___ (Ala. 2013). The Court grants mandamus, ordering a trial court to dismiss declaratory judgment actions filed by a prospective defendant for a declaration of non-liability. "We agree with the conclusion of the overwhelming majority of other jurisdictions that declaratory-judgment actions are not intended to be a vehicle for potential tort defendants to obtain a declaration of non-liability. The 'plaintiff [has a] right to choose a forum.' ... In short, declaratory-judgment actions are ill-suited to resolving tort claims."‚Äč

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