Sentences with phrase «in declaratory»

Represented BASF in a declaratory judgment district court proceeding brought by a competitor involving herbicide technology.

The issue that their lordships had to consider was raised in declaratory relief proceedings in the High Court, in which YL sought to engage human rights arguments to resist her removal from the home.

The Court also held that the trial court had discretion to stay an appraisal proceeding pending resolution of legal questions in a declaratory relief proceeding.

Represented CardioGenesis in a declaratory judgment action relating to PLC Medical Systems» heart pulsed laser system patent.

Representing a trampoline manufacturer in a declaratory judgment action seeking a declaration that the client's trampolines do not infringe on a competitor's patents.

Not exact matches

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.

In Windsor the applicant for declaratory relief from the Federal Court was a federally incorporated company responsible for an international bridge.

What Daniels is looking for in the suit is called «declaratory relief,» Cevallos writes — a finding that the nondisclosure agreement «was either never formed or that it is unenforceable.»

The bill proposes to use the declaratory power of the Constitution Act, a power that has been used over 400 times in the history of Canada.

Bill S - 245, the Trans Mountain Pipeline Project Act, proposes to use the declaratory power of the Constitution Act, a power that has been used over 400 times in the history of Canada.

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.

In both instances, the U.S. District Court refused injunctive relief, but declaratory relief is yet to be decided.

Pursuant to the October 15, 1992 Declaratory Judgment in favor of the B&ECPL in Buffalo & Erie County Public Library v. County of Erie, B&ECPL trustees have the exclusive power and duty to use B&ECPL property.

Such deadlines were enjoined in Hawaii and Idaho, although no declaratory judgment was obtained in those two states.

«Today I am asking the State Elections Enforcement Commission for a declaratory ruling stating that I be allowed to participate in the Citizens» Election Program should I seek statewide elected office,» Ganim said Friday.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

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.

And following a pattern seen in most urban districts, this has evolved during subsequent decades into a 232 - page contract with more than 2,000 additional supporting documents, including grievance - arbitration rulings, memoranda of understanding, and state declaratory rulings (see Figure 1).

in No. 05 - 908, at 299a - 301a; Affidavit of Kathleen Brose Pursuant to this Court's Rule 32.3 (Lodging of Petitioner Parents Involved), and the complaint sought declaratory and injunctive relief on behalf of Parents Involved members whose elementary and middle school children may be «denied admission to the high schools of their choice when they apply for those schools in the future,» App.

Before that happened, the State Board of Education filed a declaratory judgment action in Wake County Superior Court against private schools, saying that religious schools didn't have a first amendment issue.

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.

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.

Special Education & Disabilities: Whether 20 U.S.C. § 1415 (l) requires Petitioners to exhaust the state administrative procedures set forth in the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., before filing a civil action seeking monetary and declaratory relief under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12201 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq..

Specifically, the declaratory relief that Fisker seeks is for the court to decide whether the design of Fisker's new The Force 1 sports car, shown in teaser form over a week ago, actually infringes on trademarks owned by his former employer.

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

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

In June 2008, plaintiffs filed their petition for writ of mandate and complaint seeking declaratory and injunctive relief, to bar the City from implementing a policy for feral cats without first completing a CEQA environmental review.

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 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 BoettIn 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 Boettin 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 Boettin 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.

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.

Today the Sierra Club filed a petition with the Virginia State Corporation Commission seeking a Declaratory Judgment that Dominion Virginia Power's arrangement to obtain gas capacity in the Atlantic Coast Pipeline is subject to Commission approval under the Virginia Affiliates Act.

A year ago, Fastcase preemptively filed the declaratory judgment lawsuit against Casemaker in federal court in Atlanta after Casemaker served it a written notice demanding it take down from its research collection the Georgia Administrative Rules and Regulations.

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.

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.

A year ago, Fastcase preemptively filed the declaratory judgment lawsuit against Casemaker in federal court in Atlanta -LSB-...]

But first, to recap: Last February, Fastcase preemptively filed the declaratory judgment lawsuit in -LSB-...]

«They filed for a declaratory judgment in Georgia, for a declaration that state law not copyrightable.

...» Lamebook went on the offensive, filing a preemptive lawsuit in federal court in Austin, Texas that sought a declaratory judgment «of non-infringement and non-dilution [of Facebook's trademarks] and a declaration that the First Amendment protects the Lamebook mark.»

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.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

This week, the recipient of such a threat made a pre-emptive strike, filing a lawsuit in a federal court in California seeking a declaratory judgment that the First Amendment applies even to the almighty iPhone.

A motion filed jointly on Friday by the Barreau du Québec and the Montreal Bar, asking the Superior Court of Quebec to issue a declaratory judgment that all of the province's laws, regulations and decrees are illegal because they were drafted and adopted in French only, has stunned politicians, lawyers and legal pundits the province.

An award on the merits against the Russian Federation was delivered by the arbitral tribunal in 2012, while the parallel proceeding with the Stockholm District Court dismissing the Russian Federation's plea for negative declaratory relief was not concluded until 2014.

Accordingly, the Court ruled that it would only provide the declaratory relief of ruling that Mr. Khadr's section 7 Charter right had been breached, and that Canada had participated in a process that was contrary to its international legal obligations.

In this earlier application the Chamber sought a declaratory order from the High Court on the interpretation of various provisions of Mining Charter II, particularly in the context of the continuing consequences of previous BEE transactions and the «once empowered, always empowered» principlIn this earlier application the Chamber sought a declaratory order from the High Court on the interpretation of various provisions of Mining Charter II, particularly in the context of the continuing consequences of previous BEE transactions and the «once empowered, always empowered» principlin the context of the continuing consequences of previous BEE transactions and the «once empowered, always empowered» principle.

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;

Gillette v. N. Dakota Disciplinary Bd., No. 09 - 1598, involved an action seeking declaratory and injunctive relief preventing an attorney disciplinary board from prosecuting a disciplinary action for alleged misconduct arising out of plaintiff's representation of Native American clients in tribal court litigation.