Sentences with phrase «judgment action seeking»

In 2010, when the «856 patent term expired, Marvel filed a declaratory judgment action seeking a declaration that under the Brulotte rule its obligation to pay royalties ended when the patent expired.

The defendant's insurance company, Commerce, filed a declaratory judgment action seeking a ruling that it had no duty to defend or indemnify the defendants.

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

«New Yorkers should understand that lawmakers» actions did not result from meaningful debateand good judgment — it resulted from political expediency — and it will have harmful consequences to people and communities now and for a long time to come.CSEA will seek better ways to hold elected officials accountable and ensure that the voices of working people will be heard and addressed in New York state.»

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

In King County Superior Court, a case had to be stayed while a party sought new counsel after their attorney acknowledged that he falsified a memo and emails before turning them over to plaintiffs in a nationwide class - action lawsuit.7 Similarly, this spring, U.S. District Court Judge Lewis Kaplan, in a 500 - page opinion, blasted a legal team (who previously had «won» a $ 19 billion judgment in an Ecuadorean court) for their «egregious fraud» which included ghostwriting «independent reports.»

The province is seeking summary judgment to dismiss the action.

«In light of the economically significant relationship between Chevron and Chevron Canada, and given that Chevron Canada maintains a non-transitory place of business in Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.»

Except in cases affecting the personal status of the plaintiff, and cases in which that mode of service may be considered to have been assented to in advance, as hereinafter mentioned, the substituted service of process by publication, allowed by the law of Oregon and by similar laws in other States, where actions are brought against non-residents, is effectual only where, in connection with process against the person for commencing the action, property in the State is brought under the control of the court, and subjected to its disposition by process adapted to that purpose, or where the judgment is sought as a means of reaching such property or affecting some interest therein; in other words, where the action is in the nature of a proceeding in rem.

The insurer brought a motion for summary judgment after the plaintiff proceeded with the action in response to the insurer's decision to terminate accident benefits and would seek repayment of benefits paid pursuant to s. 47 (1).

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.

While the United States has not entered into any treaties for the recognition of foreign court judgments in civil actions, private civil litigants may seek to register final U.S. court decisions with foreign courts through exequatur proceedings under the law of the foreign jurisdiction.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.

As we reported, Abbott Laboratories Limited, Takeda Pharmaceuticals Company Limited and Takeda Pharmaceuticals America Inc. sought dismissal of Apotex's action for s. 8 damages in the Ontario Superior Court by summary judgment.

Appellees, Playtime Theatres, Inc., and Sea - First Properties, Inc., filed an action in the United States District Court for the Western District of Washington seeking a declaratory judgment that the Renton ordinance violated the First and Fourteenth Amendments, and a permanent injunction against its enforcement.

P. 12 (b)(6) dismissal of his diversity action against Alan Wofsy, seeking recognition of a French judgment pursuant to California's Uniform Foreign - Country Money Judgments Recognition Act.

Recently, Mr. Korniczky was lead counsel for TCL Communication Technology Holdings in a three - week trial in a breach of contract and declaratory judgment action it filed against Ericsson Inc. et al. in the Central District of California seeking a FRAND license to Ericsson's 2G, 3G and 4G SEP portfolio.

Similarly, if you are based in a foreign jurisdiction, actions can be maintained in Ontario if, for example, the person engaging in defamation resides in Ontario, or the wrongful publications occurred in Ontario, or you are seeking to enforce a foreign judgment in Ontario.

The plaintiff is seeking a trial judgment in which damages would turn on the profits made on the sale of the defective products rather than on the losses suffered by individuals behind the class - action.

It was accepted by all that Ainsworth had breached U.S. copyright law by selling the helmets in that country, and as part of the action against him in England, Lucasfilm was seeking to have the U.S law of directly enforced against Anisworth and as well sought, in the alternative, enforcement of the judgment for the U.S. breach.

There must be good reason to believe the assets to be frozen would become available to satisfy the judgment sought by the plaintiff in the original action; and,

Other topics covered this week included seeking intervener status in an environmental contamination case, automobile insurance, MVA jury trials, motions for summary judgment in the class action context, breach of confidence, family law, bankruptcy and insolvency and solicitors» liens and charging orders.

After certification of the class action, Maple Leaf brought a summary judgment motion seeking dismissal of certain claims on the basis that Maple Leaf owed no duty of care to the class.

-- In any action in which a judgment or order has been sought or entered adopting, establishing, or modifying a parenting plan, except for a domestic violence proceeding under chapter 741, and upon agreement of the parties, the court's own motion, or the motion of a party, the court may appoint a parenting coordinator and refer the parties to parenting coordination to assist in the resolution of disputes concerning their parenting plan.

St. Paul Fire & Marine Insurance Company («Company») filed a separate action seeking a declaratory judgment that it had no duty provide insurance coverage to the Brokerage in the Buyers» lawsuit.

At the conclusion of the disciplinary proceedings, the Board immediately filed a declaratory judgment action, seeking a court judicial determination that the Board had not violated any of the Member's rights during its...

Co. (295 A.D. 2d 554)-- issues of fact exist as to whether broker was the procuring cause of lease where broker not only introduced tenant to the property and gave tenant a tour of the property but, at the request of tenant, also provided proprietary lease information; there are also issues of fact as to whether tenant and broker had an implied contract; Supreme Court's order denying defendant's motion for summary judgment dismissing broker's cause of action seeking to recover damages in quantum meruit affirmed