Declaratory Judgments: Case and Controversy

Re: Noonkester v. State Fund and C&S Const. Inc. [8/27/04] 2004 MTWCC 61 A petition alleging that the claimant was not injured in the course and scope of employment, and is therefore not entitled to workers' compensation benefits, is not justiciable even as a request for declaratory judgment.

Hernandez v. ACE USA [7/3/03] 2003 MTWCC 47 There must be an actual case and controversy between the parties for a declaratory judgment to lie. An issue which affects only non-parties is not justiciable.