Sentences with phrase «own declaratory judgment»

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.

It's a summer Friday, the World Cup is on, let's talk about declaratory judgment suits over shareholder voting bylaws.

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.

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

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.

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

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.

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-...]

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.

Nestle Purina seeks a declaratory judgment that these statements are true and do not constitute defamation.

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.

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.

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 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.

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.

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.

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.

Paranjpe & Mahadass had filed a suit for a declaratory judgment after the PM Law Firm sent it a cease - and - desist letter.

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.

Filed a declaratory judgment action that forced a proposed plaintiff, a chronic lawsuit filer, to back off when our client received a letter threatening a baseless patent infringement action.

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.

We know that it is important to have an in - depth understanding of the local practices and procedures governing declaratory judgment actions.

The NFL filed a declaratory judgment action against 32 liability insurers in California concerning the insurers» duties to defend and indemnify the league for claims of its former players resulting from neurologic injuries suffered by players during their playing careers.

The lawsuit seeks a declaratory judgment holding that five lawsuits pending in state courts around the country fall under the liquor liability exception to coverage.

I have litigated declaratory judgment cases over the interpretation of wills, marital agreements and LLC operating agreements.

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.

He has handled complex commercial disputes, shareholder derivative litigation, declaratory judgment actions, and has secured emergency injunctions relating to claims for breach of contract, fiduciary duties, fraud and professional negligence.

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.

For example, declaratory judgment jurisdiction requires an actual case and controversy, and AIA inter partes review proceedings only are available for prior art - based validity challenges.

The companies have reportedly already obtained a similar declaratory judgment, meaning that it may prove difficult for future claimants to recover damages from the beverage maker.

It pointed out however, that the «proper ways» to challenge patents as invalid are to commence a declaratory judgment action or AIA post-grant proceeding.

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.

That's generally frowned upon, so you could also go to court to challenge it preemptively by asking for a declaratory judgment, i.e. a judgment declaring that the law is unconstitutional.

It could be argued that the ECJ had not been able to properly establish the scope of Article 101 TFEU by declaratory judgment, in accordance with the principles of civil law on which the EU legal order is supposedly based, as there was no earlier case in which it could «clarify» this.

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.

And nearly all the big names in Internet service providers, from Google to Yahoo! to Facebook and others, are currently seeking a declaratory judgment from the FISC - R (Zwillinger is again representing Yahoo! in this case) asking the court for the authority to publish the number of surveillance demands — just the number — the government has made.

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.

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.