Sentences with phrase «of declaratory»

The FCC just voted 3/2 in favor of a declaratory ruling which effectively destroys Net Neutrality protections in the USA.

It is further ordered that the Commission's Consumer & Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Declaratory Ruling, Report and Order, and Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801 (a)(1)(A).

First, the CCC's assertion that «the provisions of Annex III are from the point of view of EU law of declaratory nature only» is plainly wrong.

Taking over on appeal, the Appellate Practice Group won the reversal of a declaratory judgment on the insurer's duty to defend in favor of two large insurance companies.

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.

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.

Not exact matches

One way to get that answer would be for the Delaware Court of Chancery to give it a declaratory judgment that it can do what it wants to do.

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.

The bill proposes to use the declaratory power of the Constitution Act, a power that has been...

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.

A declaratory policy of going to sea only with unarmed missiles and storing a reduced stockpile of warheads for redeployment within a specified timeframe.

He is seeking a declaratory judgment, which requires a judge to rule on the validity of the raises.

It takes an optimistic view of Gordon Brown's declaratory White Paper The Governance of Britain, yet to be translated into signifi cant reform, which may suggest an generous disposition.

According to an order for declaratory judgment which was sent by Rosenblum to a New York state Supreme Court judge on Oct. 17, the mayor will seek to nullify a decision by the Democratic majority of Leon Potok, David Finch and Ilissa Miller on the village board to authorize a ballot referendum that — if passed by public vote on Election Day — would restrict Rosenblum's ability to appoint a village attorney as well as certain land use board members.

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.

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.

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.

Another teacher association also filed suit April 20, 2016, asking for a declaratory judgment to block implementation of T - TESS because the student growth component includes so - called «value added measures» that are not based on «observable, job - related behavior.»

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.

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.

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 future value of the specific performance and declaratory judgment is unknown, but the damages incurred from Ellora's Cave's breaches are at least $ 193,000.

From page 1 of the counterclaim: The future value of the specific performance and declaratory judgment is unknown, but the damages incurred from Ellora's -LSB-...]

(7) A waiver of the right to injunctive, declaratory or other equitable relief or relief on a classwide basis; or

They are seeking a declaratory ruling that follows up an appellate court win that vacated much of a 2015 FCC ruling on the use of autodialers to call cell phones.

(d) Except as modified hereby, the provisions of subsections (b) and (c) confirm, clarify and are declaratory of existing law.

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.

The suit seeks an award of actual damages, punitive damages, court costs, and attorney fees, as well as injunctive and declaratory relief.

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 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.

A gouache on panel of three shimmying figures, each a sinuous patchwork of color given shape by a declaratory blue ground, the picture bears an uncanny resemblance, 40 - some years before the fact, to the artist's signature melding of abstract structures and ecstatic figuration.

Can we please have less of the evidence - free declaratory mode?

If the authors are going to make that point, they should at least explain it, lest their simple declaratory statement of fact be misconstrued.

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.

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.

...» 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.»

«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.

The association seeks injunctive and declaratory relief, and its complaint alleges violations of the Equal Protection Clause of the Fourteenth Amendment and of the Equal Privileges Clause of the Indiana constitution.

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.

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.

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.