Sentences with phrase «declaratory relief as»

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.

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

Not exact matches

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, 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.

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.

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.

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

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 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.

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.

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.