The distinction between a declaratory
statement and a rule was not always obvious.
Despite courts' doublethink (15) in declaratory
patent cases like MedImmune--simultaneously promoting public patent challenges as a matter of patent policy and private litigation as a matter of law--these cases have not created an open door to federal court for public patent litigants.
The Surface Transportation Board did not set a deadline for its decision in its declaratory
Absent the declaratory
judgment mechanism, this would act as a
Keener filed suit in the federal district court in Georgia seeking a declaratory
judgment and an injunction precluding enforcement of the noncompete, as well as damages for tortious interference.
02-70518, 02-70684, and 02-70685) affirmed in part, vacated in part, and remanded in part the FCC's declaratory
ruling that cable modem services are properly classified as information services.
Sherwin-Williams properly invoked diversity jurisdiction to litigate in a single forum issues that would arise in a number of suits it anticipated facing in different state courts, a reason consistent with the Declaratory
Judgment Act," he said.
judgment action challenging Board regulation on labor-management relations at Reserve Banks.
In a best-case scenario, the association hopes to win a declaratory
judgment that the rule is invalid and an injunction halting HHS's Secretary from imposing the rule.
Although a declaratory
judgment action does provide an opportunity to challenge a tax before payment, it is not clear that it provides an adequate remedy consistent with due process requirements.
UCC filed suit seeking a declaratory
judgment that it was tax-exempt.
NYSE: MXL), a leading provider of integrated radio-frequency (RF) and mixed-signal semiconductor solutions for broadband communication applications, announced today that it has filed a declaratory
judgment complaint in United States District Court against Silicon Laboratories, Inc.