Sentences with phrase «of declaratory relief»

Not exact matches

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.

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.

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.

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

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.

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.

«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.»

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.

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.

The enforceability of Alaska money judgments, Alaska declaratory judgments and Alaska injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

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.

Our commercial litigation practice includes, but is not limited to, lawsuits involving Breach of Contract; Breach of the Covenant of Good Faith and Fair Dealing; Breach of Fiduciary Duty; Negligence; Fraud; Common Counts; Declaratory Relief; Specific Performance; Unfair Business Practices and partnership disputes.

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.

«Mr. McMaster's repeated threats of criminal prosecution should we refuse to shut down craigslist for South Carolina have left us little choice but to seek declaratory relief before the court,» Buckmaster said.

In the Family Law Act 1986... there is a code for the recognition and enforcement of an order for custody made in one part of the UK by a court in another part of the UK and framework to determine declaratory relief in matters of marital status, legitimacy and legitimation and adoptions effected overseas.

The claim seeks a declaratory relief of a finding of a violation of s. 8 of the Charter for the actions of CSEC.

Tried and defeated claims of breach of contract, breach of fiduciary duty and declaratory relief brought by plaintiffs who sought to both obtain control of the clients» intellectual property rights and secure a large monetary award.

The enforceability of Georgia money judgments, Georgia declaratory judgments and Georgia injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

O v P [2013] EWHC 3855 (Comm): instructed to advise in relation to and to appear on behalf of international logistics group company Applicant / Intended Claimant in ex parte application in Commercial Court for an anti-suit injunction and declaratory relief.

«Declaratory relief and forcing a breach of trust», Journal of International Banking and Financial Law, 2015 (with Peter Arden QC)

The enforceability of U.S. money judgments, U.S. declaratory judgments and U.S. injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

The defendant applied to have aspects of the relief sought struck out on the ground that the claimant was not entitled to the breadth of injunctive and declaratory relief pleaded.

The judge found that the injunctive and declaratory relief sought by the claimant was too wide and struck out the parts of the claims for relief which fell outside the scope of what was permissible on a collective challenge.

(9) 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 Ontario Court of Appeal did not agree: Rouleau J.A. overturned the lower court decision, granted Mr. Figueiras declaratory relief, and awarded costs in the amount of $ 5,000.00.

The sons» cross-appeal was also dismissed, with the ONCA finding that the motion judge's order effectively granted the relief they sought, even if the exact language of the motion judge's order was not precisely the declaratory language sought by the sons.

The action seeks declaratory and injunctive relief, damages, pre - and post-judgment interest, costs of suit, attorneys» fees, and any other just and proper relief.

Sale of goods (fob)-- Cargo of gasoil delivered to Nigeria — Buyer alleging cargo off specification — Seller bringing proceedings in England claiming negative declaratory relief and seeking summary judgment — Whether claimant entitled to summary judgment — CPR 24.

The enforceability of Tennessee money judgments, Tennessee declaratory judgments and Tennessee injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

The enforceability of Washington money judgments, Washington declaratory judgments and Washington injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

The enforceability of California money judgments, California declaratory judgments and California injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

The enforceability of Ohio money judgments, Ohio declaratory judgments and Ohio injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

The enforceability of Missouri money judgments, Missouri declaratory judgments and Missouri injunctions and other urgent equitable relief will each be considered on a case - by - case basis.

Alleging violations of petitioners» rights under, inter alia, the Free Exercise Clause, the complaint sought a declaratory judgment and injunctive and monetary relief.

When the panel denied the request, the respondents took their request for declaratory relief to a single justice of the state Appeals Court.

The enforceability of foreign money judgments, foreign declaratory judgments and foreign injunctions and other urgent equitable relief must each be considered on a case - by - case basis.

Winter 2016 - Pennsylvania Companies are Allowed to Seek Pre-Enforcement Declaratory Relief, Environmental Litigation — American Bar Association Section of Litigation

The remedy sought is not confined to ordinary compensation, but extends to damages for breach of the Convention and to declaratory relief, which in the context of this case, and if the Claimant succeeded, would represent an important marking of unlawful behaviour: a matter in which there is a legitimate public interest.

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.

The Wadi Sudr [2010] 1 Lloyd's Rep. 193, CA: - declaratory relief and injunction sought to restrain proceedings in Spain in support of London arbitration.

Acting for the Claimant in the trial of an application for declaratory relief that the business she ran with her husband was a partnership (so that its assets were outside the scope of his bankruptcy estate) and related applications for delivery up of property.

Finally, the Court of Appeal found that, notwithstanding the Appellants» assertion that they sought declaratory relief only, the claim really sought «consequential relief» in the form of damages and so the exception under s. 16 (1)(a) of the Limitations Act, 2002 does not apply.

The child brought a motion for declaratory relief, without serving either of her parents or adding them as parties.

He has successfully prosecuted declaratory relief actions on insurance coverage questions in which potential exposure to the carrier was in the millions, and obtained a sizeable verdict for an individual against one of the nation's largest commercial banking institutions in a breach of contract matter.

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.

However, the Divisional Court accepted the Secretary of State's argument that the only appropriate relief for this unlawfulness was declaratory, and that it was not appropriate to make an order disapplying the unlawful parts of the 2016 Act.

Court of Queen's Bench of Alberta: Traffic Safety Act held to be in operational conflict with Bankruptcy and Insolvency Act: declaratory relief granted to Respondent; suspensions of driving privileges for non-payment of discharged judgment debt stayed.