Sentences with phrase «sought declaratory»

It sought declaratory relief and damages.

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

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

The Respondents filed applications for habeas corpus with the Superior Court and sought a declaratory judgment based, inter alia, on s. 7 of the Charter.

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.

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

The plaintiff then sought a declaratory judgment from the court, stating that the insurance company was responsible for her future medical expenses.

Plaintiff insurance company sought a declaratory judgment that a personal excess liability policy did not cover the injuries sustained by the defendants in an auto accident where their adult son was the driver.

In this earlier application the Chamber sought a declaratory order from the High Court on the interpretation of various provisions of Mining Charter II, particularly in the context of the continuing consequences of previous BEE transactions and the «once empowered, always empowered» principle.

...» 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.»

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 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.

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.

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

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.

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.

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

Today the Sierra Club filed a petition with the Virginia State Corporation Commission seeking a Declaratory Judgment that Dominion Virginia Power's arrangement to obtain gas capacity in the Atlantic Coast Pipeline is subject to Commission approval under the Virginia Affiliates Act.

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.

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.

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.

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.

«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.

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.

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.

In some states you can sue them in small claim court and seek a declaratory judgment that you do not owe them money.

In this case, Doe filed a civil proceeding, seeking declaratory judgment seeking removal of his name from the registry.

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.

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.

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.

-- Minors seeking a declaratory order that they have withdrawn from parental control must list their parents as parties to the application: R.G. v. K.G.

Mount Vernon sued Visionaid in federal court, seeking a declaratory judgment that it was not obligated to prosecute or fund the prosecution of a counterclaim, and Visionaid counterclaimed.

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.

If worse came to worse, I imagine it might be possible to seek a declaratory judgment that your use was a fair use with substituted service on the heirs, and seek a default judgment, although that would not be optimal.

Next, the court considered whether the Brokerage had standing to seek a declaratory judgment.

In 2007, the Website Operator brought a lawsuit against REAL seeking a declaratory judgment that the Website Operator did not infringe REAL's patents.

When the Association and MLS had filed a motion for judgment, the Brokerage had sought leave to file an amended complaint seeking a declaratory judgment.

In 2007, Move brought a lawsuit against REAL seeking a declaratory judgment that the websites Move operates do not infringe REAL's patents.

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.

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.

East - West fought the allegations by filing a petition with the Banking Department seeking a declaratory ruling that East - West is only subject to the jurisdiction of the Banking Department.

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.

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.

«Today I am asking the State Elections Enforcement Commission for a declaratory ruling stating that I be allowed to participate in the Citizens» Election Program should I seek statewide elected office,» Ganim said Friday.

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.

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.

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