Sentences with phrase «bctf declaratory relief»

Qualcomm said it sought an order that would require the manufacturers to comply with their long - standing contractual obligations to the company, as well as declaratory relief and damages.

Barton said in addition to a small $ 10,000 monetary award limited by statute, Rothe was granted declaratory relief finding that the law was unconstitutional.

In Windsor the applicant for declaratory relief from the Federal Court was a federally incorporated company responsible for an international bridge.

What Daniels is looking for in the suit is called «declaratory relief,» Cevallos writes — a finding that the nondisclosure agreement «was either never formed or that it is unenforceable.»

In both instances, the U.S. District Court refused injunctive relief, but declaratory relief is yet to be decided.

She is asking for declaratory relief and financial penalties.

Special Education & Disabilities: Whether 20 U.S.C. § 1415 (l) requires Petitioners to exhaust the state administrative procedures set forth in the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., before filing a civil action seeking monetary and declaratory relief under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12201 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq..

Specifically, the declaratory relief that Fisker seeks is for the court to decide whether the design of Fisker's new The Force 1 sports car, shown in teaser form over a week ago, actually infringes on trademarks owned by his former employer.

Fisker's lawsuit against Aston Martin seeks declaratory relief as well as $ 100 million in punitive damages.

However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

The suit seeks an award of actual damages, punitive damages, court costs, and attorney fees, as well as injunctive and declaratory relief.

I'm not sure the federal district court will address this question: Courts prefer to address real cases and controversies and dole out declaratory relief only narrowly.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

The association seeks injunctive and declaratory relief, and its complaint alleges violations of the Equal Protection Clause of the Fourteenth Amendment and of the Equal Privileges Clause of the Indiana constitution.

An award on the merits against the Russian Federation was delivered by the arbitral tribunal in 2012, while the parallel proceeding with the Stockholm District Court dismissing the Russian Federation's plea for negative declaratory relief was not concluded until 2014.

Accordingly, the Court ruled that it would only provide the declaratory relief of ruling that Mr. Khadr's section 7 Charter right had been breached, and that Canada had participated in a process that was contrary to its international legal obligations.

The Russian Federation lodged the plea for negative declaratory relief with the Stockholm District Court in 2009 while the arbitration procedure was still ongoing.

Our commercial litigation practice includes, but is not limited to, lawsuits involving Breach of Contract; Breach of the Covenant of Good Faith and Fair Dealing; Breach of Fiduciary Duty; Negligence; Fraud; Common Counts; Declaratory Relief; Specific Performance; Unfair Business Practices and partnership disputes.

We also prosecute and defend declaratory relief actions seeking a determination of the client's duty to defend and / or indemnify claims, as well as claims for contribution or equitable subrogation.

«Mr. McMaster's repeated threats of criminal prosecution should we refuse to shut down craigslist for South Carolina have left us little choice but to seek declaratory relief before the court,» Buckmaster said.

In the Family Law Act 1986... there is a code for the recognition and enforcement of an order for custody made in one part of the UK by a court in another part of the UK and framework to determine declaratory relief in matters of marital status, legitimacy and legitimation and adoptions effected overseas.

The claim seeks a declaratory relief of a finding of a violation of s. 8 of the Charter for the actions of CSEC.

Tried and defeated claims of breach of contract, breach of fiduciary duty and declaratory relief brought by plaintiffs who sought to both obtain control of the clients» intellectual property rights and secure a large monetary award.

O v P [2013] EWHC 3855 (Comm): instructed to advise in relation to and to appear on behalf of international logistics group company Applicant / Intended Claimant in ex parte application in Commercial Court for an anti-suit injunction and declaratory relief.

Advice in relation to shipping Agency dispute and evidence generally and more specifically in relation to procedure and anti-suit injunction, supporting declaratory relief.

Canada's Federal Court addressed this issue in H - D U.S.A., LLC v. Berrada 2014 FC 207 where the Court faced a claim by the Harley Davidson group («HD») seeking declaratory relief as to their right in their SCREAMIN» EAGLE trademark.

«Declaratory relief and forcing a breach of trust», Journal of International Banking and Financial Law, 2015 (with Peter Arden QC)

The defendant applied to have aspects of the relief sought struck out on the ground that the claimant was not entitled to the breadth of injunctive and declaratory relief pleaded.

The judge found that the injunctive and declaratory relief sought by the claimant was too wide and struck out the parts of the claims for relief which fell outside the scope of what was permissible on a collective challenge.

They applied for declaratory relief under the Charter.

«The Supreme Court has jurisdiction to grant declaratory relief, and in this particular case the Supreme Court held the patent to be invalid.

The Ontario Court of Appeal did not agree: Rouleau J.A. overturned the lower court decision, granted Mr. Figueiras declaratory relief, and awarded costs in the amount of $ 5,000.00.

Judgement as to Declaratory relief in this case was delivered to Piemonte over 12 months before the case for summary judgement was heard.

Sale of goods (fob)-- Cargo of gasoil delivered to Nigeria — Buyer alleging cargo off specification — Seller bringing proceedings in England claiming negative declaratory relief and seeking summary judgment — Whether claimant entitled to summary judgment — CPR 24.

When the panel denied the request, the respondents took their request for declaratory relief to a single justice of the state Appeals Court.

To summarize, Yummie Tummie sends a letter claiming design patent infringement, Spanx responds saying we don't infringe, the parties talk a few times by phone where Yummie Tummie continues to say that Spanx does infringe and Spanx decides to file a lawsuit for declaratory relief to prove they don't.

Represents numerous terminal operators in litigation across the state arising in the video gaming industry and under the Illinois Video Gaming Act, procuring injunctive and declaratory relief.

Richard uses court - tested strategies to help his clients obtain temporary restraining orders, defeat motions to dismiss, and obtain injunctive and declaratory relief.

«X»: Instructed to advise Owners» insurers in relation to a cargo dispute (advice on vessel arrest and anti-suit injunctive and declaratory relief).

Winter 2016 - Pennsylvania Companies are Allowed to Seek Pre-Enforcement Declaratory Relief, Environmental Litigation — American Bar Association Section of Litigation

Susan Field and Stephen Green prevail on appeal as to third party claimants» attempt to initiate a declaratory relief lawsuit against its alleged tortfeasor's insurer.

The remedy sought is not confined to ordinary compensation, but extends to damages for breach of the Convention and to declaratory relief, which in the context of this case, and if the Claimant succeeded, would represent an important marking of unlawful behaviour: a matter in which there is a legitimate public interest.

The Court also held that the trial court had discretion to stay an appraisal proceeding pending resolution of legal questions in a declaratory relief proceeding.

The Wadi Sudr [2010] 1 Lloyd's Rep. 193, CA: - declaratory relief and injunction sought to restrain proceedings in Spain in support of London arbitration.

Acting for the Claimant in the trial of an application for declaratory relief that the business she ran with her husband was a partnership (so that its assets were outside the scope of his bankruptcy estate) and related applications for delivery up of property.

Finally, the Court of Appeal found that, notwithstanding the Appellants» assertion that they sought declaratory relief only, the claim really sought «consequential relief» in the form of damages and so the exception under s. 16 (1)(a) of the Limitations Act, 2002 does not apply.

While there are cases that involve claims for declaratory relief or specific performance, more often than not, disputes are about payment..

The Court held that in the circumstances the bank's refusal to provide its consent was unreasonable and the claimants were therefore entitled to declaratory relief.

The client - Law Firm, which specializes in representing condominium and community entities, initiated a lawsuit against a condominium developer seeking monetary and declaratory relief.

This is the second decision released in the past four months dealing with a minor's request for declaratory relief — the other, N.L. v. R.R.M., was reported on by FamilyWatch in November / December 2016.