Sentences with word «declaratory»

In this case, Doe filed a civil proceeding, seeking declaratory judgment seeking removal of his name from the registry.

MMF, like Daniels, is a «collective claim for declaratory relief for the purposes of reconciling the descendants of the Métis people of the Red River Valley and Canada.»

Prior to suspending Dautel's membership, the Board sought declaratory judgment from the the Superior Court of New Jersey.

Said declaratory order is then subject to appeal to the Federal Administrative Court.

The Court of Appeal also dismissed the appeal against the Divisional Court's grant of declaratory relief only for a breach of the section 149 PSED, where a full and unchallenged equality impact assessment had been carried out prior to the hearing and had resulted in changes to the scheme.

Our construction law attorneys are frequently requested to prepare coverage opinions on construction and indemnity claims, and litigate those issues in declaratory judgment actions.

The State of Connecticut Department of Banking has issued a very interesting declaratory ruling in the matter of Persels & Associates.

«Petition for Instructions and Complaints for Declaratory Judgment in Probate Court: Tools to Determine Intent and Keep the Peace,» Massachusetts Lawyers Journal (March 2014)

Last week, federal Justice Minister Peter MacKay announced the debate about the government's recent appointment to the Supreme Court of Canada would be addressed with two actions: a reference asking the Supreme Court to resolve the issue, and the introduction of declaratory provisions in the legislation governing the composition of Canada's highest court.

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.

However, the Committee observes that retained direct EU law with the status of primary legislation would remain subject to judicial interpretative and declaratory powers under the HRA, and to the courts» inherent powers of construction whereby legislation is, wherever possible, read in line with common law constitutional norms.

The appellate court disagreed, finding that a court has the power to issue declaratory judgments in cases in which an insurance company disputes coverage.

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.

The 11th U.S. Circuit Court of Appeals has squarely ruled, Judge Batten said, that where a copyright owner could not sustain an infringement action in federal court, then the would - be defendant in a potential coercive action can not bring an anticipatory declaratory judgement action.

On 25 February 2008 UBS brought proceedings in England seeking negative declaratory relief against HSH.

The SCC was clear: When a court is faced with declaratory legislation, it is «obligated» to interpret the overall statute in the manner dictated by the legislature.

Lex Machina's trademark data lets you analyze federal cases with one or more claims involving Lanham Act violations, including claims of trademark infringement, trademark dilution, unfair competition, or cybersquatting, including declaratory judgment actions.

According to an order for declaratory -LSB-...]

Despite this finding, the Court expressed the appropriate deference to the government and respect of the prerogative powers of the executive by providing declaratory relief instead of a specific remedy, given that,

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.»

He has successfully prosecuted declaratory relief actions on insurance coverage questions in which potential exposure to the carrier was in the millions, and obtained a sizeable verdict for an individual against one of the nation's largest commercial banking institutions in a breach of contract matter.

C.A. August 22, 2011)(34505) When legislatures enact declaratory provisions with retrospective effect, they are presumed to have weighed the need for the interpretive clarity the provision would bring against the disruption and unfairness that might result from its retroactive nature; courts owe deference to a decision by the legislature to enact such legislation.

It's a summer Friday, the World Cup is on, let's talk about declaratory judgment suits over shareholder voting bylaws.

First, the CCC's assertion that «the provisions of Annex III are from the point of view of EU law of declaratory nature only» is plainly wrong.

Also, it comes as no surprise that the final conclusion drawn by the author remains somewhat declaratory and open - ended:

The lawyers at Conroy Simberg have particular experience instituting declaratory judgment actions in both state and federal courts.

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.

I have litigated declaratory judgment cases over the interpretation of wills, marital agreements and LLC operating agreements.

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

Or, the government could have admitted that perhaps the legislation was less than clear, and it was putting the new declaratory provisions before the Supreme Court for confirmation that it would permit Nadon's appointment.

The enforceability of Washington money judgments, Washington declaratory judgments and Washington injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

In 1989, the Michigan Court of Appeals addressed whether declaratory relief was available to a Board seeking to enforce a membership suspension under its Code of Ethics.

Recently and successfully represented top U.S. cedent in dispute over declaratory judgment expenses.

The submission of a representative action (i.e. injunction, redress order or declaratory decision) suspends or interrupts the limitation periods applicable to any redress actions for the consumers concerned.

The enforceability of California money judgments, California declaratory judgments and California injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

There is at least declaratory commitment to reform.

It takes an optimistic view of Gordon Brown's declaratory White Paper The Governance of Britain, yet to be translated into signifi cant reform, which may suggest an generous disposition.

According to Election Justice USA, the lawsuit represented both voters whose party affiliation had been inexplicably changed to unaffiliated and voters who had been left off of voter rolls.The group's goal was to secure an emergency declaratory judgement, which would open New York's Democratic primary to voters registered as unaffiliated and Republican.

You can find PDF versions of your earnings Division of Real Estate Declaratory Statements - Requesting Opinions from FREC or FREAB.

Design Question 3, Helping Students Practice and Deepen New Knowledge through comparing and contrasting declaratory knowledge, and practicing procedural knowledge, builds connection with concepts already understood and fluency in using the skill, strategy, or process.

Can we please have less of the evidence - free declaratory mode?

If the authors are going to make that point, they should at least explain it, lest their simple declaratory statement of fact be misconstrued.

The enforceability of Alaska money judgments, Alaska declaratory judgments and Alaska injunctions and other urgent equitable relief will each be considered on a case - by - case basis.