For example, one party may claim that it performed under a commission agreement and is entitled to payment of his or her commission. An action or proceeding may not be open to objection on the ground that a declaratory judgment or decree is prayed for.In this case, as in many actions for declaratory judgment, the realistic position of the parties is reversed. Plaintiffs DIRECTV and DISH Network ("Satellite Companies") brought suit on. For example, if Plaintiffs' request for declaratory relief were granted, would OED be engaging in a pattern and practice of promoting fossil fuels by. 3d 261 (affirming district court granting motion to dismiss declaratory judgment action), citing LeVanger v. Highland Estates Props. Rather than rewarding slopping pleadings and the "reservation" of claims, this Court should encourage judicial economy—. Affirming nominaldamages awards in the 80plus years since Congress enacted the Declaratory. The judgment in the Walton case ordered the Circuit.