Sentences with phrase «own declaratory judgment action»

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.

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.

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.

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.

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.

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.

Declaratory judgment action included claims against insurer for alleged violation of consumer protection law, in addition to dispute over the insurer's reasons for denying coverage for the stock option backdating claims under applicable policy definitions and exclusions.

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.

Section 1338 (a) requires federal courts to hear cases involving claims for relief under the Patent Act, including infringement and declaratory judgment actions.

We brought this declaratory judgment action on behalf of the insurer, which was a Travelers subsidiary.

Depending on your jurisdiction, you may be able to file a declaratory judgment action in small claims court.

Represented CardioGenesis in a declaratory judgment action relating to PLC Medical Systems» heart pulsed laser system patent.

Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.

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.

On June 6, 2017, the Federal Circuit affirmed a decision by the U.S. District Court for the Northern District of Texas dismissing a declaratory judgment action filed against Brooks Kushman's client Ford Global Technologies LLC by New World International, Inc..

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.

Prevailed at trial and on appeal in a complex declaratory judgment action permitting the termination of a long - term contract between a nationally recognized health system and a provider of essential services due to deficient performance.

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.

Lex Machina's trademark data lets you analyze federal cases with one or more claims involving Lanham Act violations, including claims of trademark infringement, trademark dilution, unfair competition, or cybersquatting, including declaratory judgment actions.

In the firm's trial practice, they have represented manufacturers and sellers of industrial, commercial and consumer products; property and business owners and contractors; nationally known retail chains; bus and trucking companies and those in the logistics business; financial entities and pursue creditor's rights; insurers in coverage actions and prosecute declaratory judgment actions on their behalf.

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

A declaratory judgment action asks a federal court if an interpretation of the insurance policy — usually an exclusion clause — can be used to deny the claim.

Sometimes marine insurance companies outright deny claims, but more often, they file what is known as declaratory judgment actions.

As the court's admonishment suggests, insurers that improperly refuse to defend an insured do so at their own risk and — if not done through a reservation of rights or a declaratory judgment action — may waive their coverage defenses in the process.

This suit is a declaratory judgment action by Osage Inc. against Spruill...

Declaratory judgment actions when the trustee needs clarification as to ambiguous terms or unforeseen contingencies

Although there is no precedent in Minnesota, I'm hoping our appellate courts will follow caselaw in other states holding a declaratory judgment action is not an enforcement action and, therefore, an employer who prevails is not entitled to an award of attorneys» fees.

Instead, it took the fight back to the patent troll, filing a declaratory judgment action in federal court in Wisconsin.

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...

Not exact matches

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.

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.

Successfully represented minority shareholders in an action for declaratory judgment, which permitted them to sell or otherwise dispose of their shares in any manner they see fit.

Steven V. Buckman practices in the field of insurance law litigating a variety of first - party and third - party actions including, but not limited to, bad faith, coverage questions, declaratory judgments, products liability, trucking insurance, fire and casualty, wrongful death, and catastrophic injury matters.

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.

In the exercise of this Court's discretionary power to grant or withhold the declaratory judgment remedy, it is of controlling significance that it is in the public interest to avoid the needless determination of constitutional questions and the needless obstruction to the domestic policy of the states by forestalling state action in construing and applying its own statutes.»

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.

Yet in an interesting twist, Casemaker has chosen not to defend against Fastcase's action for declaratory judgment.

These include orders for contested dismissal or summary judgment, declaratory judgment, class action, multi-district litigation, jury trial, bench trial and appeal.

As an attorney in the Supreme Court Division of this major New York City real estate litigation firm, Suzanne handled a wide variety of complex state and federal court cases, including declaratory judgment and injunctive actions, commercial foreclosures, workouts, representation of cooperative and condominium boards of directors and representation of real estate owners in all phases of bankruptcy litigation, we well as real estate transactions.

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.