Sentences with phrase «seeking declaratory relief»

Canada's Federal Court addressed this issue in H - D U.S.A., LLC v. Berrada 2014 FC 207 where the Court faced a claim by the Harley Davidson group («HD») seeking declaratory relief as to their right in their SCREAMIN» EAGLE trademark.

Fisker's lawsuit against Aston Martin seeks declaratory relief as well as $ 100 million in punitive damages.

«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.

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

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.

In MMF, the plaintiffs had sought declaratory relief primarily on the ground of the Crown's fiduciary obligations.

It sought declaratory relief and damages.

Not exact matches

Qualcomm said it sought an order that would require the manufacturers to comply with their long - standing contractual obligations to the company, as well as declaratory relief and damages.

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.

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.

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.

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.

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.

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 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 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.

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

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

The client - Law Firm, which specializes in representing condominium and community entities, initiated a lawsuit against a condominium developer seeking monetary and declaratory relief.

The ONCA also held that a court hearing an application for such declaratory relief must consider not only the child's age but also the reasons why declaratory relief is being sought, and whether the declaratory relief would resolve the issue.

The declaratory relief sought in MMF is for the outstanding obligation under s. 31 of the Manitoba Act.

She sought declaratory and injunctive relief, but not just compensation.

The initial complaint [PDF], seeking declaratory, injunctive or «other relief,» argues that Proposition 8 violates «fundamental liberties that are protected by the Due Process Clause» of the U.S. constitution, the equal protection clause of the 14th Amendment, and Title 42 U.S.C. § 1983.

The issue that their lordships had to consider was raised in declaratory relief proceedings in the High Court, in which YL sought to engage human rights arguments to resist her removal from the home.

On 25 February 2008 UBS brought proceedings in England seeking negative declaratory relief against HSH.

The appellants, electricity ratepayers required to pay debt retirement charges to the Ontario Electricity Financial Corporation, brought an action seeking damages and declaratory relief concerning the sale of shares in Hydro One, pursuant to a plan to privatize the electricity utility.

The Wadi Sudr [2009] EWCA Civ 1397; [2010] 1 Lloyd's Rep. 193; [2010] ILPr 10; The Times, February 8, 2010 - declaratory relief and injunction sought to restrain proceedings in Spain in support of London arbitration.

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 plaintiff and legal team seeks injunctive and declaratory relief; statutory damages; exemplary and punitive damages; pre-judgment and post-judgment interest; and reasonable attorneys» fees, costs, and expenses associated with this action.

In 1989, the Michigan Court of Appeals addressed whether declaratory relief was available to a Board seeking to enforce a membership suspension under its Code of Ethics.

In my opinion, NAR should be looking to do a lawsuit against HUD seeking declaratory and injunctive relief, so that we can make up our own minds what we want to charge and how we want to calculate it.