Sentences with phrase «issue declaratory»

With regard to the informal preliminary investigations conducted by FINMA (see question 7), any person claiming damage following an act by FINMA or another legitimate interest can request FINMA to issue a declaratory order stating that the act is unlawful.

PURE disagreed and asked a court to issue a declaratory judgment, holding that Grayson was not entitled to benefits under his brother - in - law's policy.

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

• The court should issue a declaratory judgment on whether he has a constitutional right to marry a machine.

Fastcase's complaint is asking the court to issue a declaratory judgment that Casemaker does not have and can not have any copyright in the Georgia regulations, and that Fastcase does not and can not infringe any exclusive contract rights held by Casemaker.

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.

Not exact matches

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.

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

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 present lawsuit, Netherlands Insurance v. Phusion Projects, involves a request by New Hampshire - based Netherlands Insurance Company and Indiana Insurance Company for a declaratory judgment regarding their obligations under commercial liability policies issued to Phusion.

The suit seeks an order barring the federal government from issuing new DACA permits or renewing existing ones, as well as a declaratory judgment that DACA violates the take care clause and the Administrative Procedure Act.

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.

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.

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.

We are experienced in handling and trying a wide range of cases, including wrongful death, automobile accidents, premises liability, business torts, complex coverage questions, subornation issues and declaratory judgment actions.

At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims under NHS contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.

The ONCA also held that a court hearing an application for such declaratory relief must consider not only the child's age but also the reasons why declaratory relief is being sought, and whether the declaratory relief would resolve the issue.

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.

In Plaintiff Mediko P.C.'s challenge to procurement procedures by Defendants Roanoke County and Western Virginia Regional Jail Authority, the court permitted certain declaratory issues to move forward but ruled it had no authority under the Virginia Public Procurement Act to...

Federal Court: declaration issued that «those persons who are Métis and those who are non-status Indians -LSB-...] are «Indians» within the meaning of the expression «Indians and Lands reserved for the Indians» contained in s. 91 (24) of the Constitution Act, 1867»; further declaratory relief, denied.

Obtained summary judgments in favor of national insurance clients in numerous declaratory judgment actions involving various coverage, insurance policy rescission and extra-contractual issues.

Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform (ILR), issued the following statement today about the D.C. Circuit Court's ruling vacating portions of the Federal Communications Commission's (FCC) 2015 Telephone Consumer Protection Act (TCPA) declaratory order:... Read More

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.

Eventually, the said fee was abolished for all relevant declaratory remedies with just a brief and quite vague reference to the Committee's contribution in the explanatory memorandum of the repealing Law 4446/2016, while the issue of statutory limitations is still pending, despite a non-binding policy declaration of the governing coalition's MPs (see here for an unofficial translation) supporting the inalienability of such claims.