Sentences with phrase «as declaratory»

Sometimes marine insurance companies outright deny claims, but more often, they file what is known as declaratory judgment actions.

The suit seeks an order barring the federal government from issuing new DACA permits or renewing existing ones, as well as a declaratory judgment that DACA violates the take care clause and the Administrative Procedure Act.

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.

Not exact matches

The Massachusetts judge who found in favor of Chevedden and McRitchie observed that seeking a declaratory judgment in the courts amounts to ««reversing the statutory scheme,» and would also deny the SEC of its role, as the procedures of the SEC provide shareholders with a «relatively inexpensive opportunity to get claims disputes resolved,»» according to the investor letter.

EPC was criticised as excessively reactive and declaratory - lacking in proactivity and instruments with which to follow up announcements.

According to an order for declaratory judgment which was sent by Rosenblum to a New York state Supreme Court judge on Oct. 17, the mayor will seek to nullify a decision by the Democratic majority of Leon Potok, David Finch and Ilissa Miller on the village board to authorize a ballot referendum that — if passed by public vote on Election Day — would restrict Rosenblum's ability to appoint a village attorney as well as certain land use board members.

The dialogue between Portman and Billy Crudup (Spotlight), as «the journalist» (as he is listed in the credits), certainly lacks dimension, however, treating the viewer to a series of declaratory statements about history and its interpretation that would not pass muster in a high - school paper.

The district will immediately go to court to affirm the SRC's action, filing a motion for declaratory judgment with the Pennsylvania Department of Education as co-plaintiff.

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.

(d) Except as modified hereby, the provisions of subsections (b) and (c) confirm, clarify and are declaratory of existing law.

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

Aware that charges could arise, Sirkin filed an action of declaratory judgment in local court, arguing that under Ohio law, a legitimate museum such as the CAC could not be charged with obscenity.

This is an action for declaratory judgment and injunctive relief challenging the legality of JEA's Distributed Energy Policy, effective April 1, 2018, («JEA's Energy Policy»), attached hereto as Exhibit A, which fails to provide a net metering program as required by Florida law.

Tobey has requested a declaratory judgment, an injunction prohibiting the TSA from treating anyone else as he was treated, and $ 250,000 in compensatory damages and attorney fees.

D. Award spousal maintenance in such amount as is reasonable and necessary; OR Enter a Declaratory Judgment providing that neither party is in need of or qualifies for an award of spousal maintenance;

It pointed out however, that the «proper ways» to challenge patents as invalid are to commence a declaratory judgment action or AIA post-grant proceeding.

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.

John appeared as junior counsel on behalf of a SME in which the Office of Fair Trading sought, amongst other things, to restrain certain unfair commercial practices and to obtain a declaratory ruling as to the enforceability of long - term gym membership contracts.

It could be argued that the ECJ had not been able to properly establish the scope of Article 101 TFEU by declaratory judgment, in accordance with the principles of civil law on which the EU legal order is supposedly based, as there was no earlier case in which it could «clarify» this.

the requirement to apply for documents to confirm status; the EU's position is that, as now, documents should be declaratory of rights rather than conferring them — but as noted above, this position would mean that the hostile environment could not be extended to EU citizens

Our Creditor's Rights practice extends to the following areas of Chapter 11, 13, and 7 matters: debt workouts, cram - down litigation, litigation of a wide array of adversary proceedings including Automatic Stay violations, Petroleum Marketing Practices Act («PMPA») violations, collections, evictions, recovery of collateral, injunctions, Declaratory Judgments, and the representation of creditors and other interested parties such as stock holders, corporate officers, creditors» committees, landlords, and tenants in bankruptcy matters including creditor discharge litigation, objections to proposed plans of reorganization, and bankruptcy preference defense.

Interestingly, MacKay also announced the government would introduce declaratory provisions into the Supreme Court Act, «clarifying — without making changes to the existing law — that individuals with at least 10 years with [the] Quebec bar at any time during their career, are eligible to sit on the Supreme Court of Canada as a Quebec member.»

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.

If the new declaratory provisions have an effect and they change the rules about who can be appointed to the Supreme Court as a judge from Quebec, there is a serious argument they can not be adopted without unanimous consent from all the provinces.

Can Parliament enact legislation that requires that a person be or has previously been a barrister or advocate of at least 10 years standing at the bar of a province as a condition of appointment as a judge of the Supreme Court of Canada or enact the annexed declaratory provisions as set out in clauses 471 and 472 of the Bill entitled Economic Action Plan 2013 Act, No. 2?

Unfortunately, the Canadian Bar Review is not on HeinOnline, but since it started in 1923, and since, as many would argue, it is one of the better quality sources of Canadian law journal articles, it should not be over-looked for pre mid-1980's content (e.g., Paul Martin, «The Declaratory Judgment» (1953) 31 Can.

Also in 2010, Bunsow served as lead trial counsel for DA Nanomaterials in a suit that secured a declaratory judgment of noninfringement on four patents, according to his Howrey C.V. News of the three San Francisco departures comes on the same day that Kilpatrick Townsend & Stockton announced the opening of an office in Taipei, Taiwan, with the addition of four lawyers from Howrey's Taipei office.

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

Mark represents clients before the courts in proceedings of all kinds, including commercial litigation, judicial review, declaratory judgment and injunction proceedings, as well as constitutional challenges under the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.

Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.

As to Fastcase's claim for declaratory judgment related to its copying of materials prior to April 7, summary judgment should be denied based on disputes as to material fact, as well as the need for discovery as to certain material factAs to Fastcase's claim for declaratory judgment related to its copying of materials prior to April 7, summary judgment should be denied based on disputes as to material fact, as well as the need for discovery as to certain material factas to material fact, as well as the need for discovery as to certain material factas well as the need for discovery as to certain material factas the need for discovery as to certain material factas to certain material facts.

For companies domiciled in Switzerland or other parties wishing to avert an impending lawsuit abroad in Switzerland or before Swiss courts, the option of action for a negative declaratory judgement is now available as a valid option, at least in international cases.

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.

However, even though the appellant father had not been named as a party or received notice of the application in this case, the SCJ judge's declaratory order was upheld.

The child submitted on appeal that the only factor to be considered by the judge hearing an application for a declaratory order was the child's age — and therefore, it was unnecessary to name the parents as parties or provide notice to them where the child was 16 or older because they could not contest the relief in any event.

-- Minors seeking a declaratory order that they have withdrawn from parental control must list their parents as parties to the application: R.G. v. K.G.

The child brought a motion for declaratory relief, without serving either of her parents or adding them as parties.

Mootness: Although the College asserted the issue was moot, as no one's registrant status was impacted, and furthermore, paramedics had recently been transitioned from the HDA to the Health Professions Act, R.S.A. 2000, c. H - 7, which gives the College control over its own forms, the court decided that due to live controversies and an ongoing relationship between the College and the technician, declaratory relief would help them with their ongoing relationship, and would address future problems.

As to the remedy to be granted, Liberty had argued that the court should go further than simply granting declaratory relief, and disapply the current legislation.

As an attorney in the Supreme Court Division of this major New York City real estate litigation firm, Suzanne handled a wide variety of complex state and federal court cases, including declaratory judgment and injunctive actions, commercial foreclosures, workouts, representation of cooperative and condominium boards of directors and representation of real estate owners in all phases of bankruptcy litigation, we well as real estate transactionAs an attorney in the Supreme Court Division of this major New York City real estate litigation firm, Suzanne handled a wide variety of complex state and federal court cases, including declaratory judgment and injunctive actions, commercial foreclosures, workouts, representation of cooperative and condominium boards of directors and representation of real estate owners in all phases of bankruptcy litigation, we well as real estate transactionas real estate transactions.

Obtained judgment on the pleadings as to the trade secret misappropriation and declaratory judgment counterclaims.

As the court's admonishment suggests, insurers that improperly refuse to defend an insured do so at their own risk and — if not done through a reservation of rights or a declaratory judgment action — may waive their coverage defenses in the process.

This case was a declaratory judgment case in which the insurance company was asking the court to declare it owed no duty to compensate the decedent's wife and estate as a result of the collision.

He also accepted that the second letter was negligent in not explaining the options to Levicom clearly enough and for giving a misleading impression in relation to the prospects of Levicom succeeding in the arbitration in a claim for declaratory relief against the Swedish companies (where the chances of success in establishing a breach of contract were stated as «in the region of, but not less than, 70 %»), rather than concentrating on how to quantify and make a claim for substantial damages.

In the absence of more specific evidence as to how this matter has developed, it can not be determined whether the appellant's proper route is through administrative channels, judicial review or an application in the Superior Court for directions or other relief, including declaratory relief.

Declaratory judgment actions when the trustee needs clarification as to ambiguous terms or unforeseen contingencies

Declaratory Ruling 90 - 3 (Sven R. Paul)- unlicensed persons can be officers and shareholders of a licensed corporate real estate broker, but may not engage in licensed activity; a salesperson can not be a shareholder or officer of a corporate licensee; all real estate activities of the corporation must be conducted by an officer who is licensed as a real estate broker