Doe v. Coupe,  C.A. No. 10983-VCP (July 14, 2015)

It is often contended that the availability of a declaratory judgment in Superior Court to determine the parties’ rights may deprive the Court of Chancery of jurisdiction to grant an equitable remedy such as an injunction. After all, it is assumed that the parties will obey the decision of the Court in deciding their rights.

But as this decision shows, the Court of Chancery may still have jurisdiction when it is satisfied that the equitable remedy sought is based on established past practice in such matters and is not just a make-weight excuse to get into the Court of Chancery.