Sentences with phrase «whether declaratory»

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.

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.

Not exact matches

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 court should issue a declaratory judgment on whether he has a constitutional right to marry a machine.

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 syndic applied to the Superior Court for a declaratory judgment to determine whether the Respondent could refuse to disclose the documents covered by those privileges.

Christian D [2011] ILPr 38: anti-suit injunctions; whether or not a declaratory arbitration award is enforceable.

In the absence of more specific evidence as to how this matter has developed, it can not be determined whether the appellant's proper route is through administrative channels, judicial review or an application in the Superior Court for directions or other relief, including declaratory relief.

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