Court reverses Steinbeck copyrights ruling Aug 14, 2008
Penguin responded by suing them, asking for a declaratory judgment that their termination notice was invalid because the 1994 agreement had superseded and terminated the deals made in the 1930s. In a related legal action, the heirs of Steinbeck's widow asked for the same thing. (MSNBC -- Crime)
No tickling: Church details inappropriate priest-child contact Aug 12, 2008
The decree also would bar people from entering the seminary or becoming deacons if their names appear on a new civil registry that lists anyone with a declaratory judgment not necessarily a criminal conviction for assault or battery. The registry, created last year, allows Ohio judges to use a declaratory judgment to put someone accused of abuse on the registry if they believe the allegations have merit, but the case is too old to prosecute. (USA Today -- News)
Officials meet today in court over county's suit against its auditor, Don Cozad Aug 11, 2008
Members of the commissioner s court filed a petition for a judge to issue a declaratory judgment against Cozad on May 22 in the Collin County 219th District Court because Cozad s request is outside the scope of the county auditor s responsibilities, according to the petition. County officials filed the petition after Cozad submitted a request on April 3 to the Texas Attorney General to render a decision on if the county auditor could audit the configuration, security, processes, and user access... (McKinney Courier-Gazette, TX)
Dana Holding Corporation Seeks Declaratory Judgment Regarding Conclusion of Supply Contract with Chrysler LLC Aug 7, 2008
TOLEDO, Ohio, Aug. 6 /PRNewswire/ -- Dana Holding Corporation (NYSE: DAN) today announced that it has asked the Bankruptcy Court for the Southern District of New York to provide a declaratory judgment confirming that the existing supply agreement between Dana and Chrysler LLC will conclude on Dec. 31, 2008. (Logo: ) Dana is seeking to confirm its rights relative to the Settlement Agreement reached by the two companies in August, 2007 and confirmed by the Bankruptcy Court one month later. (PR Newswire)
Taylor Wessing Sues Nixon Peabody for Poaching Partners Aug 6, 2008
They have filed a separate complaint in New York trial court in Monroe County seeking a declaratory judgment in their favor. A combined team from the and is representing Nixon. (Law.com)
> Lannett spars with drug maker in vitamin patent dispute Aug 4, 2008
In June, Lannett filed a lawsuit at U.S. District Court in Delaware against KV, Ther-Rx and another subsidiary, Drugtech Corp. Lannett s suit requested a declaratory judgment of patent invalidity, patent non-infringement and patent unenforceability with respect to seven patents related to PrimaCare. Lannett began selling a generic version of the product, a multivitamin with mineral capsules for prenatal and postnatal support, earlier this summer. (Philadelphia Business Journal, PA)
N.Y. Law Is Applied to GE Indemnity for Polluted Sites Aug 1, 2008
GE had sought a declaratory judgment that the insurers that issued policies to GE between 1956 and 1986 had a duty to idemnify the corporation against all liabilities to third parties resulting from its environmental contamination of numerous sites. Louis Chiafullo, a partner at McCarter & English in Newark, N.J., which represents GE, said the cleanup costs at the various sites would be "in the hundreds of millions.". (Law.com)
Florida Federal Court Confirms Dismissal of CMCD Patent Challenge by Indeco Jul 30, 2008
MIAMI, July 29 /PRNewswire/ -- Yesterday, the United States District Court for the Southern District of Florida confirmed its earlier June 26, 2008 dismissal of the declaratory judgment complaint filed by Insured Deposit Conduit, LLC (Indeco) against Community Bank Funding Company and Robert Colvin for lack of jurisdiction, by denying Indeco's motion for reconsideration of the earlier dismissal order. (Photo: ) Indeco's lawsuit involved the Capital Market CD (CMCD), a patented product created by... (PR Newswire)
Dead Man's Hand Plays Out in IP Case Jul 25, 2008
operation, for declaratory judgment, claiming it invented technology patented by MultiMetrixs. The small company made counterclaims that Applied was infringing on its '187 patent, which could probably be explained in several dry, technical paragraphs. (Law.com)
Town Loses Appeal in Leith Lawsuit Jul 25, 2008
Leith had asked for "a declaratory judgment that the dealership possessed a vested right in the previous zoning, an injunction against the town barring its enforcement of the new zoning against Leith, and monetary damages in excess of $10,000,000' according to court documents. On June 19, 2007, the federal district court stayed the case and abstained pending the resolution of the land-use and zoning issues in state courts. "This case is not one involving a genuine and independent federal claim,"... (The Pilot Newspaper)
Cuomo strong-arms Comcast over Usenet images Jul 23, 2008
Courts have ruled that if a government official delivers a credible threat of prosecution, the target may ask a judge to clear things up through what's called a declaratory judgment. Like its rivals, Comcast seems unwilling to publicly confront a state attorney general, who would surely claim to be trying to protect the children. (CNET News)
Update: Facebook Sues The German Social Networking Site studiVZ Jul 21, 2008
studiVZ filed for a declaratory judgment at the District Court in Stuttgart, Germany, on Friday, July 18. The purpose of the filing is to have the responsible German court declare that the claims made by Facebook are without merit. (eFluxMedia)
School superintendent files notice of possible lawsuit against board members (29) Jul 19, 2008
In November 2007, Alexander sought a declaratory judgment in Linn County Circuit seeking clarification on whether the board could vote not to extend Robinson's contract without a poor evaluation. Alexander dropped the case on March 10, before a judge ruled on the question. (Lebanon Express, OR)
Industry ruling delayed Jul 13, 2008
Simon either denied, or postponed a final decision on some of the exceptions, all pointing to a Tuesday court date when she said she will rule on the request from Marathon for a declaratory judgment about whether or not they have a state-backed industrial area status or not ... Simon has set a Tuesday, 10:30 a.m. time for the next court hearing, saying she will rule on the declaratory judgment request by Marathon and other related matters, although she declined to elaborate on just what those... (L Observateur, LA)
Tyler Technologies settles litigation with Bank of America Jul 4, 2008
Dallas-based Tyler filed suit for declaratory judgment seeking a court's determination on the matter, and Bank of America filed counterclaims against Tyler, charging breach of contract and misrepresentation. After a court-ordered mediation, the companies agreed that Bank of America will pay Tyler $2 million and Tyler will issue to the bank 801,883 restricted shares of Tyler common stock. (Dallas Business Journal, TX)
Record: Tuesday, July 1, 2008 Jul 2, 2008
Town of Wheaton et al vs. City of Eau Claire, declaratory judgment, May 30. Mandi Brown vs. Michael Fodness, domestic abuse temporary restraining order granted May 30. (Chippewa Falls Chippewa Herald, WI)
Neighbor sues to stop Selva Marina development Jul 2, 2008
Maria Mark filed the 11-page lawsuit in Circuit Court last week seeking an injunction and declaratory judgment against the City Commission's May ordinance that grants a land rezoning. The measure allows a land designation change from conservation to single-family residential for the wooded wetlands near the Selva Marina Country Club. (Florida Times-Union)
Lunken-based flight center sues Jun 30, 2008
It seeks a declaratory judgment to the effect that Million Air Cincinnati and its affiliates in Chicago; Columbus; New Orleans; Charleston, S.C.; Asheville, N.C.; and Lafayette, La ... It seeks an award of more than $5 million for breach of contract and a declaratory judgment clarifying the parties' obligations. (Cincinnati Business Courier, OH)
More of this story Jun 28, 2008
In their filing, they ask for a declaratory judgment, as well as a restraining order against Baloney, Himel, Madere, Dardenne and St. John Parish to halt any further work to prepare for the election. Marathon Plant Manager Rich Bedell said that his company had met with Baloney last week, seeking a compromise on the deal that would have the Garyville organizers willingly acknowledging Marathon should not be part of the town. (L Observateur, LA)
Malpractice Suit Against Kaye Scholer Alleges Discovery Foul-Ups Jun 27, 2008
However, the firm filed its own lawsuit against Celanese last week, seeking alleged unpaid legal fees as well as a declaratory judgment that Kaye Scholer's work met professional standards. "There is a bona fide dispute and actual controversy among the parties concerning the extent to which Kaye Scholer's legal services to the Celanese Entities were in accordance with the standards of care ordinarily provided by professionals providing legal representation and consistent with any fiduciary duty... (Law.com)
Want to Sue Coke Zero? Think Again Jun 27, 2008
Coca-Cola attorneys have petitioned U.S. District Judge Thomas W. Thrash Jr. for a declaratory judgment that the company's use of the word "Zero" for its diet soft drink products has not infringed or misappropriated any intellectual property of the Bluesprings Water Co. and its product, Naturally Zero Canadian Natural Spring Water, or company president, Mirza N. Baig of Chicago ... As a result of Baig's repeated demands and threats to sue, Coke initiated its own suit, seeking not only a... (Law.com)
Where are the poles? Jun 25, 2008
If and when all lawyers sign Salyer s proposed declaratory judgment, Salyer will take it to district court for a judge s signature ... According to a declaratory judgment proposed by Salyer, if all parties sign it the width and location of Ocean Drive will be established and this will put an end to the lawsuit. (Port Lavaca Wave, TX)
Records: Monday, June 23 Jun 24, 2008
Extrusion Dies Industries LLC et al vs. Cloeren Inc. declaratory judgment, May 27. Wells Fargo Bank vs. Virginia McGraw, foreclosure of mortgage, May 28. (Chippewa Falls Chippewa Herald, WI)
A Small Mass. Company Tackles the Patent Trolls Jun 21, 2008
Cognex sought a declaratory judgment that neither its components, nor its customers' products that use Cognex technology, infringed on the defendants' patent ... "Cognex has demonstrated as a company that we're not afraid to take action whether that be asserting our own patents or filing a declaratory judgment action to protect our customers and our product sales," Keebaugh said. (Law.com)
Munson: The courtship of the Sonics' future Jun 17, 2008
The city filed what is known as a "declaratory judgment." It's a legal action that asks the court to determine the rights of the litigants in a developing dispute. The declaratory judgment allowed the city to file quickly without waiting for Bennett to begin the actual move. (ESPN -- Golf News)
N.Y. Governor, Legislature Ordered to Raise Pay of State's Judges Jun 12, 2008
Justice Lehner issued a declaratory judgment finding a separation-of-powers violation because "the political branches of our state Government have used the issue of judicial pay as a pawn in dealing with the unresolved political issue of legislative compensation.". In fashioning relief, Lehner wrote, "I direct that defendants, within 90 days" proceed "in good faith to adjust the compensation payable to members of the judiciary" to reflect the increase in the cost of living since the last pay... (Law.com)
Lathem Sues Forest Schools Jun 12, 2008
The second count seeks a declaratory judgment when means to have Lathem's contract automatically extended for an additional full year for the 2008-2009 school year. The third count seeks a temporary restraining order to prevent the district from employing a new superintendent which the board did on Friday and announced on Monday. (Forest Scott County Times, MS)
City sues Beans Jun 4, 2008
The lawsuit seeks a declaratory judgment in Calhoun County Court against Al and Vicky Bean. The suit says the Beans erected improvements on Front Street, which is city property. (Port Lavaca Wave, TX)
MTA Rulers Get The Perks, Not The Public May 30, 2008
He wants a declaratory judgment from a court to decide ''whether this constitutes compensation ... The long-suffering commuters could give him a declaratory judgment right now. (WNBC.com, NY)
City argues for dismissal of firefighters' suit May 24, 2008
They are seeking a declaratory judgment that the promotion violated their rights under the Nebraska constitution, as well as city ordinances prohibiting unequal treatment based on gender. Reuter said in the brief that the plaintiffs were, in effect, asking the court to sit as fire chief and decide who among the six candidates is the best qualified. (Columbus Telegram, NE)
Law Firm Files Suit to Bar Outsourcing of Client Data May 24, 2008
"It seeks this declaration knowing that foreign nationals who reside overseas lack Fourth Amendment protections," says the firm's complaint for declaratory judgment and injunctive relief. "It seeks this declaration having been informed ... that the United States government engages in pervasive surveillance of electronically transmitted data.". (Law.com)
County seeks declaratory judgment against auditor May 24, 2008
Collin County is seeking a declaratory judgment against county auditor Don Cozad as Cozad has requested that the Texas Attorney General s opinion on access to more information to prevent him from expanding his authority to control everyday county operations ... The petition for the declaratory judgment against Cozad was filed on Thursday in the 219th District Court of Collin County. (McKinney Courier-Gazette, TX)
Saddleback puts burr under county May 23, 2008
Jerry Fleming, one of the developers, filed for a declaratory judgment and relief. The petition asks for a 200,000 judgment in actual damages and for an undetermined amount in punitive damages against Tabor, in whose district the addition is located. (Sallisaw Sequoyah County Times, OK)
A tug of war May 23, 2008
US law also provides another mechanism to facilitate timely resolution of patent disputes by allowing generic applicants to seek a declaratory judgment on the expiration of the 45 day window. These measures balance strong patent protection with the ability to challenge weak and questionable patents and encourage timely resolution of patent disputes. (Express Pharma)
Lawyers Fight Back Over Pension Probe May 16, 2008
The action, Swergold v. Cuomo, 3897-08, seeks a declaratory judgment prohibiting Cuomo and DiNapoli from investigating the pension fund and striking the names of members they deem ineligible for benefits. It also asks that class action status be granted to the plaintiffs and other attorneys who may face a challenge to their public pension eligibility based on the part-time work they performed for government entities. (Law.com)
Effort to Collect $116 Million From PLO May Go to Trial May 15, 2008
The family of a couple that was gunned down in Israel by terrorists has a right to a jury trial in a declaratory judgment action seeking to collect $116 million from the Palestinian Liberation Organization, a Manhattan judge has ruled. The vexing issue before Supreme Court Justice Shirley Werner Kornreich was whether there is a right to a jury trial when the sole cause of action is for declaratory judgment, which, as a product of legislation, is neither equitable nor legal in nature ... In the... (Law.com)
Philly Won't Fight to Save Wi-Fi Network May 15, 2008
To start with, the city will focus on a Complaint for Declaratory Judgment that EarthLink filed Tuesday in U.S. District Court, Oliver said. EarthLink said it wants the court to affirm its rights to take down the network and to a $1 million limit on its liability. (PC World)
Ramey, council appear close on truce May 15, 2008
" he wrote.The next day, Lampros wrote that Dickerson "indicated that Council would likely resist any resolution that did not insure that Davis Bauman retained his position as City Attorney. " He continued by saying Ramey "is probably willing to consider any qualified individual for the position so long as reasonable billing practices are followed and there is accounting for how time is spent and what the City is getting for its money. (Clayton Tribune, GA)
Judge denies JetAway motion May 13, 2008
JetAway attorney Mark Haynes sought an immediate verdict on the county s claim for injunctive relief; its own request for declaratory judgment and JCP s claim of false advertising. Haynes said the off-airport agreement made clear there were no third-party interests and JCP therefore lacked standing to claim anything under the county s allegation of breach of contract. (Montrose Daily Press, CO)
Plug files lawsuit against UBS Financial Services May 11, 2008
Plug Power is seeking a declaratory judgment that the ARS transactions with UBS are void. UBS said it is committed to addressing its clients' concerns. (Albany Business Review, NY)
No Decision Yet on Camp Street Bridge May 8, 2008
It seeks a declaratory judgment affirming that the resolution approved by the city council "is valid and legally authorizes" the contract. While passing the ordinance would render the two pending lawsuits moot, it also would expose the city to a potential breach of contract lawsuit by the contractor, who likely would be entitled to damages for the city breaking the contract. (Missourian Publishing, MO)
FTSE seen opening higher May 7, 2008
ASTRAZENECA Teva Pharmaceutical Industries Ltd has sued AstraZeneca asking for a declaratory judgment on remaining Nexium patents, AstraZeneca said on Tuesday. Separately, the chief executive of AstraZeneca said on Tuesday sales trends for the Anglo-Swedish drugmaker's ulcer pill Nexium have been "consistent" since the company said rising competition from generics had hurt sales of that treatment. (International Herald Tribune)
OMNI Energy Named in Lawsuit May 3, 2008
The lawsuit seeks, among other things, (i) a declaratory judgment that the Preheat purchase agreement executed in December 2005 is null because of alleged securities fraud and bad faith breach of the Preheat purchase agreement and that Mr. Rhyne's ERISA rights be clarified, (ii) injunctive relief to halt alleged securities disclosure violations by the Company and to remove three board members, and (iii) damages resulting from the nullification of the Preheat purchase agreement, which the... (PR Newswire)
Attorney challenges Bruning on bias fights May 3, 2008
Neary said that if she represented the commission, she would ask for a declaratory judgment or court order requiring Bruning to prosecute discrimination cases. Either court action would fall outside the realm of civil rights law, meaning the court could not award attorney fees to her firm if the commission were to prevail. (Sioux City Journal, IO)
Amazon sues over N.Y. sales tax May 2, 2008
Amazon's suit challenges the constitutionality of this interpretation and seeks a declaratory judgment that it is invalid. The company's complaint argues that the statute is "overly broad and vague." It is impossible, Amazon wrote, for it to determine which of its affiliates are actually in New York state. (International Herald Tribune -- Technology)
No Decision Yet on Bill to Break Bridge Contract Apr 23, 2008
It seeks a declaratory judgment affirming that the resolution approved by the city council "is valid and legally authorizes" the contract. Several people from the Camp Street area attended Monday's meeting. (Missourian Publishing, MO)
Council Tables Bill to Repeal Contract Apr 19, 2008
A second lawsuit was filed last week by attorney Ike Lamke on behalf of KJU Inc. It seeks a declaratory judgment affirming that the resolution approved by the city council "is valid and legally authorizes" the contract. Piontek recommended discussing the ordinance during a closed session next Monday night during the regularly scheduled council meeting, then returning to open session to vote on it. (Missourian Publishing, MO)
Big Publishers' Copyright Suit Tests How Much Is Too Much Apr 18, 2008
Instead, Rich's clients want Judge Orinda D. Evans to issue a declaratory judgment saying that GSU's copying violates the law. They're also seeking an injunction preventing further unauthorized use of copyrighted material. (Law.com)
Second Lawsuit Filed Over Camp Street Bridge Project Apr 16, 2008
The latest suit, filed Friday by attorney Ike Lamke on behalf of KJU Inc., the contractor, seeks a declaratory judgment affirming that a resolution approved by the city council "is valid and legally authorizes" the contract. Previously, several residents opposed to rebuilding the bridge, filed a lawsuit and are asking a judge to declare the contract invalid on grounds that the council approved it by resolution rather than by ordinance. (Missourian Publishing, MO)
Crocs Takes A Bite Out Of Guidance Apr 15, 2008
Crocs filed a lawsuit in 2005 against Holey Soles in Federal Court of Canada, and Holey Soles fired back by filing for a declaratory judgment from a New York court stating that Holey Soles' designs do not infringe on Crocs' intellectual property. The court invalidated one of Crocs two principal patents on Monday. (Forbes -- Markets)
Blakeley Files Suit in Firing Apr 13, 2008
Blakeley's suit asks that a Superior Court judge reinstate him or pay him, as well as awarding back pay "and all lost benefits." Other demands in the suit include requiring the town to hold a new hearing and review process for him, as well as issuing a "declaratory judgment" saying that Taylortown's "conduct constituted violations of law". He has asked. (The Pilot Newspaper)
Property Owners Sue to Block New Camp Street Bridge Apr 9, 2008
Unnerstall indicated that if the ordinance was not approved he planned to file suit in circuit court seeking a declaratory judgment that the contract is valid. Now, however, since the property owners filed suit Monday, Unnerstall, through his attorney Ike Lamke, plans to request to intervene and file pleadings in the case, according to Piontek. (Missourian Publishing, MO)
Judge allows discovery, denies dismissal, in Cove Springs case Apr 9, 2008
The suit, filed January 8, 2008, consisted of four damage claims and two declaratory judgment claims. The damage claims related to an alleged breach by the County of the agreement to process the application in good faith and with best efforts. (Wood River Journal, ID)
Hawthorne Heights' Bamboozle Left Set Marks First Step Forward Since Death Of Casey Calvert Apr 9, 2008
And, most noticeably, they began the process of being a band again, performing three new songs: "Come Back Home," "Declaratory Judgment Day" and, at set's end, "Five Becomes Four," which was written in Calvert's memory. "The last song we played is a song we're calling 'Five Becomes Four,' though we'll probably change the title. And it represents us losing Casey and how hard it is and how much he meant to us," Woodruff said. (VHI.com -- Music News)
Garcia-Von Borstel named Nogales mayor Apr 5, 2008
She said the AG's office intended to launch an investigation and warned that if they proceeded with the vote successfully, she would "immediately seek a stay and file for a declaratory judgment in Superior Court" to nix the action. At the request of Lopez, councilman Jackson, who chaired Wednesday's meeting, asked to hear the opinion of former City Attorney Lawrence Klose who was in the audience and is a one-time associate of Fontes in Klose's law firm. (Nogales International, AZ)
Nogales chooses Barraza’s successor Apr 4, 2008
She said the AG s office intended to launch an investigation and warned that if they proceeded with the vote successfully, she would immediately seek a stay and file for a declaratory judgment in Superior Court to nix the action. Manuel C. Coppola is publisher and editor of the Nogales International. (Green Valley News & Sun, AZ)
Wi-LAN Files Motion to Dismiss Marvell Complaint Apr 4, 2008
OTTAWA, CANADA--(Marketwire - April 3, 2008) - Wi-LAN Inc. ("Wi-LAN" or the "Company") (TSX: - ), a leading technology innovation and licensing company, announced today that the Company has filed a motion to dismiss the Complaint for Declaratory Judgment action filed by Marvell Semiconductor, Inc. ("Marvell") relating to United States Patent Nos. 6,192,068, 6,320,897 and RE37,802 (collectively the "Patents"). (CCNMatthews Press Releases)
Editorial: Pity the poor city clerk Mar 27, 2008
In a lawsuit, four Lebanon residents are asking for a declaratory judgment that the restriction violates their rights. The suit is pending in Linn County Circuit Court. (Albany Democrat-Herald, OR)
General Motors Class Action Settlement Could Drive Big Attorney Fees Mar 26, 2008
Four years ago, Alameda County Superior Court Judge Ronald Sabraw denied a motion seeking class certification to get declaratory judgment on one issue in the California piece of the litigation. In 2006, after Sabraw retired from the Alameda County court, the same plaintiffs filed a motion seeking certification of a California class to establish liability. (Law.com)
Parody of Wal-Mart Trumps Its Trademark Mar 26, 2008
In March 2006 they brought a declaratory judgment action against Wal-Mart, asking that a judge find that Smith was entitled to sell his anti-Wal-Mart products and maintain his related domain names. Wal-Mart filed counterclaims, alleging trademark infringement and dilution by tarnishment, unfair competition and cybersquatting, a reference to Smith's ownership of www. (Law.com)
Bondholders file appeal of court's buyout ruling Mar 19, 2008
They argued that Justice Joel Silcoff erred in both fact and law concerning the BCE plan of arrangement, 1976 and 1996 bondholders' declaratory judgment and the remedy. Silcoff had sided with BCE and a consortium led by the Ontario Teachers' Pension Plan on every point of contention. (Toronto Star)
Alexander drops lawsuit against district Mar 17, 2008
School Board member Rick Alexander has dropped a suit seeking a declaratory judgment on whether the school board can vote to not renew Superintendent Jim Robinson's contract without an adverse performance review ... After the board approved a poor performance review and voted 3-2 against renewing a one-year extension of Robinson's contract on March 3, the declaratory judgment became moot, Alexander said ... Alexander filed the declaratory judgment on Nov. 20, 2007, through his attorney Paul... (Lebanon Express, OR)
Suit Asks Judge to Void Red Light Camera Law Mar 15, 2008
A petition for declaratory judgment filed by Steven R. White claims that language in the city's ordinance is "not in harmony" with state law. Missouri law, according to the petition, prohibits a person from "entering" a signalized intersection when there is a steady red signal. (Missourian Publishing, MO)
Keeping Track for March 15 Mar 15, 2008
The story: Rick Alexander of the Lebanon School Board filed a suit in Linn Circuit Court in late November asking for a declaratory judgment that the school board can vote not to renew Superintendent Jim Robinson s contract without first giving him an adverse performance evaluation. The latest: Alexander dismissed his action this week, saying the question became moot when board members voted 3-2 on March 3 not to renew Robinson s contract. (Albany Democrat-Herald, OR)
Judge rules in favor of mayor, aldermen in suit filed by Haney Mar 6, 2008
He filed a "complaint for declaratory judgment and other relief" asserting that the defendants did not comply with the special and open meetings law in Mississippi. He specifically alleged that they did not follow the correct requirements as to the calling and holding of a special board meeting, and did not comply with the posting of notices as well as having before it a correct agenda of the acts to be performed. (Webster Progress-Times, MS)
