Sentences with phrase «declaratory judgment claim»

Successful defense of a mandamus and declaratory judgment claim against a County Treasurer accused of failing to properly abate taxes on a large commercial property located in an Enterprise Zone.

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.

In a January 2008 suit by the archive against the gallery in Milan, the archive sought declaratory judgment that it is not liable to the gallery for not authenticating the works in dispute, and additionally claims that the gallery violated its «moral rights» by exhibiting, publishing, and selling works of art attributed to Boetti.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

A week ago, I reported here that that a federal judge in Georgia had dismissed without prejudice Fastcase's declaratory judgment lawsuit against Casemaker over the latter's claims of copyright in Georgia state regulations.

Hershey sued seeking a declaratory judgment that its app didn't infringe Hottrix's copyrights on iMilk, and Hottrix counter-sued with a number of claims, including copyright infringement, unfair competition and tortious interference, alleging that Hershey copied the «look and feel» of iMilk.

Our team of insurance coverage attorneys has advised individuals and businesses about insurance coverage issues including insurance policy coverage opinions, declaratory judgments on policy coverage and defense of insurers against breach of contract and bad faith claims.

The NFL filed a declaratory judgment action against 32 liability insurers in California concerning the insurers» duties to defend and indemnify the league for claims of its former players resulting from neurologic injuries suffered by players during their playing careers.

He has handled complex commercial disputes, shareholder derivative litigation, declaratory judgment actions, and has secured emergency injunctions relating to claims for breach of contract, fiduciary duties, fraud and professional negligence.

Numerous issues in dispute during in AIA proceedings parallel issues likely to arise is subsequent district court infringement and declaratory judgment actions, including claim construction, novelty, and obviousness.

Declaratory judgment action included claims against insurer for alleged violation of consumer protection law, in addition to dispute over the insurer's reasons for denying coverage for the stock option backdating claims under applicable policy definitions and exclusions.

Section 1338 (a) requires federal courts to hear cases involving claims for relief under the Patent Act, including infringement and declaratory judgment actions.

In short, shapewear industry giant Spanx filed a request for declaratory judgment in federal court in Atlanta in March, in response to a cease and desist letter sent in January by the Yummie Tummie shapewear brand, which claimed that Spanx's designs infringe Yummie Tummie's patents for three - panel slimming camisoles.

In some states you can sue them in small claim court and seek a declaratory judgment that you do not owe them money.

Depending on your jurisdiction, you may be able to file a declaratory judgment action in small claims court.

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.

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.

Similar to other post-grant proceedings, a party who is not the patent owner and has not previously filed a civil action seeking a declaratory judgment of invalidity, may petition for Post-Grant Review of one or more claims.

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 facts.

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.

A declaratory judgment action asks a federal court if an interpretation of the insurance policy — usually an exclusion clause — can be used to deny the claim.

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

Harleysville rejected the claim, seeking «declaratory judgment that he was not entitled to uninsured motorist benefits» while also contending that he «failed to comply with the statutory requirement to notify Harleysville of the phantom vehicle within 30 days.»