Federal Complaint ¶ 7. It further alleges that SHC is the parent company that resulted from a merger between Sears and KMart Corporation in March 2005, that SHC took the place of Sears on the New York Stock Exchange, and that SHC is the parent corporation of Sears. 10 . The Consent Decree is found at J.A. 70-78. 11 . The entire text of West Virginia Code section 46A-6-104 provides, "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.” 12 . Although the State Complaint purported to invoke West Virginia’s Declaratory Judgment Act, we apply the federal Declaratory Judgment Act in this proceeding. See 28 U.S.C. § 2201; Chapman v. Clarendon Nat’l Ins. Co., 299 F.Supp.2d 559, 562-63 (E.D.Va.2004) (<HOLDING>). 13 . The Eleventh Circuit addressed two
holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment holding that the declaratory judgment act 28 usc  2201 only creates a remedy and is not an independent basis for jurisdiction holding that removal of state declaratory judgment action invokes  2201 holding that filing of infringement action twelve days after complaint for declaratory judgment obviated the need for a declaratory judgment in this case