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The Effect of Abbs[index]

The 7th Circuit vacated the judgment of the lower court and dismissed Professor Abbs's lawsuit for lack of subject matter jurisdiction.

As described above, there was no jurisdiction for declaratory relief because there were other remedies available to Dr. Abbs. It is not so clear why jurisdiction for injunctive relief was lacking. The simplest interpretation is that there were other remedies available for the relief Dr. Abbs requested in the complaint, and the complaint didn't request relief from the (unlikely) harm for which adequate judicial remedies were not available (the ALERT system).

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