Sentences with phrase «declaratory judgment with»

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.

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.

The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opinion.

Ruling / Rationale: The Nevada Supreme Court, therefore, affirmed in part and reversed in part the lower court's order in Duncan v. State of Nevada, dismissing the suit and remanding the case to the state district court to enter a declaratory judgment and permanent injunction prohibiting enforcement of section 16 of SB 302 in the absence of an appropriation consistent with the supreme court's opinion.

In cases with the potential to significantly improve legal protections for companion animals, the legal advocacy department will bring legal proceedings corollary to the criminal prosecution including writs, declaratory judgments and petitions for injunctive relief, and will initiate or support civil litigation on the state and federal level to promote those heightened legal protections.

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.

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.

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.

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.

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.

The case proceeded to trial to resolve the issues raised in defendants «counterclaims of tortious interference with contractual relations; tortious interference with business relationships and expectancies; violation of the Michigan Consumer Protection Act and a declaratory judgment that defendants «trade dress is non-infringing.

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.

Court of Queen's Bench of Alberta: Traffic Safety Act held to be in operational conflict with Bankruptcy and Insolvency Act: declaratory relief granted to Respondent; suspensions of driving privileges for non-payment of discharged judgment debt stayed.

The Respondents filed applications for habeas corpus with the Superior Court and sought a declaratory judgment based, inter alia, on s. 7 of the Charter.

If worse came to worse, I imagine it might be possible to seek a declaratory judgment that your use was a fair use with substituted service on the heirs, and seek a default judgment, although that would not be optimal.

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.»