Declaratory Judgment


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Declaratory Judgment

A ruling by a court (or, less commonly, a regulator) that resolves a dispute but does not order an action. That is, a declaratory judgment states a fact. For example, a declaratory judgment may state who owns a patent or a piece of property.
References in periodicals archive ?
As such, because a Yellowstone injunction requires the existence of an underlying action seeking a declaratory judgment as to whether the tenant is in default under the lease, such a waiver precludes the tenant from obtaining a Yellowstone injunction.
"Neither the company nor Scapa Tapes North America accept that ConvaTec has any grounds to terminate the five year supply agreement in respect of which a three-year term remains, nor to pursue its declaratory judgment claim," Scapa explained.
But, Davis said, if the court rules in the city's favor in the declaratory judgment action, it may cause peopleto rethink filing suit.
Appellant also had standing to file its declaratory judgment action with the circuit court pursuant to the Declaratory Judgment Act to seek a uniform standard for the Commission's application of the Comprehensive Land Use Plan.
"In Count I of the Complaint, ITyX Solutions seeks a declaratory judgment that KAI did not properly terminate the Master Agreement or the PS Agreements, and that those agreements are still binding on the parties.
24, 2018, Penn-America filed this declaratory judgment action, seeking
In response to Petitioner Anda's declaratory judgment request, the FCC stated that it did have the authority under the Junk Fax Prevention Act to require companies to include opt-out notices in their solicited fax advertisements, but that they would give a waiver out for any faxes sent without notices prior to April 30, 2015.
A copy of said Petition for Declaratory Judgment and Summons shall be delivered to you or your attorney upon reguest.
Gubser then sought a declaratory judgment in the District Court for the Southern District of Texas, asking the court to declare that the IRS must prove willfulness by clear and convincing evidence.
(1) for the proposition that the federal Declaratory Judgment Act, (2) which Congress enacted in 1934, is "procedural only" and does not enlarge the scope of federal jurisdiction.
Gogo (NASDAQ: GOGO), provider of broadband connectivity solutions and wireless entertainment to the aviation industry, said that American Airlines has dismissed the declaratory judgment action it filed against Gogo on February 12, 2016.
November 12, 2013), prior to filing an application for approval of its biosimilar product, Sandoz sued Amgen and Hoffman-La Roche Inc., seeking a declaratory judgment that two patents were invalid and unenforceable and would not be infringed if Sandoz offered for sale or sold a biosimilar product to Amgen's Enbrel (used for treatment of rheumatoid arthritis).