DuPont sues Invista for over resins technology Nov 14, 2008
In the lawsuit filed in U.S. Federal Court in the Southern District of New York, DuPont is seeking an injunction, declaratory relief and unspecified damages relating to Invista's production of certain nylon 6,6 engineering resins. DuPont claims it had an agreement barring Invista from using its technology to make those resins for several years. (San Diego Union-Tribune -- Business)
Downloading guru seeks ruling on legality Nov 7, 2008
"IsoHunt does not consider that its operations ... infringe or violate in any way the Copyright Act and therefore seeks the protection of ... (the B.C. court) in the form of declaratory relief in relation to clarification of its legal rights in respect of its operation," Fung states in his petition to the court. IsoHunt. (CTV.ca)
Studios Win Pause on Copying Oct 8, 2008
RealNetworks' lawyers at Wilson filed the declaratory relief action in the Northern District of California the same day the movie studios filed suit in Los Angeles federal court. Because RealNetworks' suit was filed first, the case will be fought in the Northern District. (Law.com)
Priviam, Inc. Files Lawsuit Against Former CEO Aug 2, 2008
The Company is seeking both compensatory and punitive damages from Owen along with declaratory relief. "We intend to pursue this matter vigorously for the benefit of the Company and its shareholders." stated Jack Musetti, president and CEO. Furthermore, the Company vehemently denies any rumors that this action against Owen or any other steps in this process now or in the future have been taken in order to raise any funds from the investing public. (Yahoo News -- Press Releases)
TROY Group, Inc. Posts Second Quarter 2008 Results Jul 4, 2008
The complaint seeks various forms of legal and equitable relief, including without limitation unspecified compensatory damages, attorneys' fees and costs, and declaratory relief. The consolidated balance sheet and consolidated statement of income are attached to this press release. (PR Newswire)
Doerle suing parish Jun 28, 2008
On Wednesday, a recoventional demand for declaratory relief and damages was filed by Edward Landry, the lawyer representing Doerle s company, Gordon s Landfill and Disposal LLC.. Doerle is seeking 65 million in damages through state district court in Iberia Parish for having suffered damages of loss of income, loss of property values, as well as other damages stemming from the parish s efforts to block the expansion of his landfill located on Coteau Road near the end of the main runway of... (New Iberia, LA)
Impact on N.Y. Judges of No Raise Is 'Key' to Case May 31, 2008
The judges are requesting declaratory relief that the failure to adjust their pay to offset the effects of inflation violates the separation of powers -- an order permanently enjoining the linkage of judges' salary increases to legislative salary increases as well as to other unrelated legislative and executive initiatives. They also are requesting $651,000 as damages in the form of cost-of-living adjustments for the period beginning Jan. 1, 2000, through the date of the final judgment. (Law.com)
Opening salvos fired in FBO trial May 6, 2008
It s claiming breach of contract, as well as trespass due to alleged construction activities on airport land, and seeking declaratory relief concerning the off-airport agreement and lease assignment. The county said JetAway does not meet minimum standards and that the business could resolve the issue by moving to on-airport property designated as space for a second FBO.. (Montrose Daily Press, CO)
AHF Sues L.A. Housing Dept. to Prevent Closure of AIDS Site Feb 25, 2008
AHF's suit alleges that: -- "Defendants (LAHD) were aware that AHF was unable to, and did not, operate the facility as "twenty-five (25) hospice units for persons with AIDS with income at or below Thirty-five Percent (35%) of Median Income" for a period of approximately six years, without taking any steps to enforce the terms of the contract. In that time, AHF has substantially changed the nature and use of the house. It has let go of staff with knowledge and skill of running a hospice. It has... (PR Newswire)
Rejoinder: "Odai Ayiku Do Ghana and Nunguans a Favor" Feb 17, 2008
Consistently with their obligation to perform their services with the utmost neutrality, the best vehicle for such an action is for them to seek a declaratory relief, asking the courts to declare whether or not the Executive Instrument is valid and of any effect. Their failure to do so here is very puzzling, at best. (Ghana Web, Ghana)
Utilities board: lawsuit 'stupid' Feb 14, 2008
" Court records indicate the suit was filed on Jan. 18 and seeks "declaratory relief" in the "matter of controversy" surrounding the number of municipal officers allowed to serve on the utilities board. The case is to be heard by Circuit Judge M. Ashley McKathan.The city council voted late in November 2007 to take the utility board to court to determine an answer to the much-debated terms of members to the utility board. Chairman William H. "Billy" McDaniel said once the official paperwork was... (Andalusia Star News, AL)
ACLU accuses sheriff's department for racial profiling Feb 9, 2008
The group is seeking declaratory relief and monetary damages for the students. The Sheriff's Department said it was looking into possible drug dealing on the Los Angeles Trade Tech College campus when the incident occurred Oct. 16. (Fresno Bee -- State)
City of Florala files suit Jan 31, 2008
Court records indicate the suit was filed on Jan. 18 and seeks "declaratory relief" in the "matter of controversy" surrounding the number of municipal officers allowed to serve on the utilities board. The case is to be heard by Circuit Judge M. Ashley McKathan. (Andalusia Star News, AL)
NBC sues Dick Wolf Jan 28, 2008
The suit, which was filed in L.A. Superior Court by Scott Edelman of Gibson Dunn her, seeks declaratory relief or reformation of the contract. No money damages are sought. (Variety)
Supress Products, Creators of Supress(R) Sound-Engineered Drywall, Defeat Serious Materials/Quiet Solution Claims of Patent Infringement Dec 4, 2007
Supress denied the allegations, asserted counterclaims for declaratory relief that the patent was invalid and not infringed and vigorously defended the lawsuit. Conceding that its case had no merit, Quiet Solution stipulated to dismiss its claims for patent infringement with prejudice and further agreed that it would refrain from suing Supress and its distributors, customers or successors, for infringement of the '891 patent on any product currently marketed and sold by Supress. (Canada Newswire)
Judge dismisses backyard trash pickup complaint Nov 6, 2007
Larobina instead should file a motion for declaratory relief, which would allow a judge to determine a party's rights under a statute or contract, Tierney said. Larobina said he does not consider the decision a setback and plans to file a new complaint. (Stamford Advocate)
Council Hopes To Settle Pension Dispute With Outside Counsel Oct 10, 2007
Mayor Jerry Sanders last month called on the council to bypass City Attorney Michael Aguirre and seek declaratory relief in San Diego Superior Court so that a judge can resolve the disagreement ... The city attorney said the move to hire an outside lawyer to seek declaratory relief was simply an attempt to "embarrass" him, describing it as a "cheap political shot." ... Jay Goldstone, the city's chief operating officer, said the declaratory relief action was needed to resolve the difference of... (TheSanDiegoChannel.com, CA)
Federal District Court in California Dismisses Class-Action Suit Against Quixtar Oct 6, 2007
In his order, Judge Feess wrote, "[T]he Michigan court has already enjoined Plaintiffs from violating the covenants not to compete and not to solicit and sent the case to arbitration." He later added, "[T]he Court agrees with the Michigan court and believes the parties' arbitration agreement is valid and binding." The judge concluded: "[T]he court GRANTS Quixtar's motion to dismiss on declaratory relief abstention grounds and the matter is hereby DISMISSED WITH PREJUDICE." Quixtar general... (PR Newswire)
Mayor blames Aguirre on benefits Sep 27, 2007
In a letter being sent to Aguirre and the City Council on Wednesday, Sanders suggests he and the council hire an outside attorney to file for declaratory relief in Superior Court because of the city attorney's role in creating this conflict. Sanders said Aguirre caused the problem by continually delaying a formal City Council vote to ratify memorandums of understanding with the city unions. (San Diego Union-Tribune)
7th Circuit ruling leaves Indiana automated call ban intact Sep 14, 2007
"We will not reward FreeEats with its desired federal forum merely because it decided to delay seeking injunctive and declaratory relief until the eve of the election, regardless of the harm it potentially could have suffered at that eleventh hour," the three-judge panel ruled. The judges also noted that FreeEats was used to states trying to enforce automated call bans. (Rensselaer Republican, IN)
Ohana amendment decision result of classic Hawai i politics Aug 25, 2007
Promptly after the election the County Attorney, acting for the County, amended an earlier abortive suit and filed an action for declaratory relief to invalidate the measure naming the County Council, the Mayor and the Finance Director as defendants. This proceeding was popularly ridiculed, and rightly so, as one where the County was using taxpayer money to sue itself. (Lihue Garden Island, HA)
Too late to start being a parent Aug 2, 2007
Ron added: "But if she will not, your readers have little choice. A lawsuit would need to be filed against both wife and partner, at the very least, for declaratory relief, quiet title, possibly fraud as well.". If the only choice is a lawsuit, then it would be filed in the county recorder's office where the land is located. (Kingsburg Recorder, CA)
Lawsuit further delays opening of Threadgill's Jul 21, 2007
According to Barlin's plaintiff petition and application for declaratory relief, Barlin received a letter from Threadgill's President Edwin O. Wilson on March 5, 2007, emanding that Mr. Barlin fund 250,000 into the Partnership in accordance with the requirements of the Partnership Agreement. When counsel for Barlin responded suggesting that no budget had ever been prepared or approved and that, as a consequence, the request was premature, Barlin through counsel received a demand letter from... (Cedar Park Hill Country News Weekender, TX)
CC&R's Can Control Rental Arrangements Jul 10, 2007
At one point, Ghamaty told the Board that he "considers his renters as family." Finally, a suit seeking injunctive and declaratory relief was filed by the HOA. The trial court found in favor of the HOA, finding Ghamaty in violation of sections 2. 6 and 2. (RealtyTimes)
Former auto shop owners sue East Valley Tribune for defamation Jun 1, 2007
The lawsuit alleges four counts including defamation, invasion of privacy, business interference and declaratory relief. Although the lawsuit does not specify damages, actual and punitive damages in this case are expected to be in the "seven-figure range," according to those close to the case. (Phoenix Business Journal, AZ)
Tulane grabs the money May 3, 2007
That was the point at which two nieces of Josephine Louise Newcomb filed a lawsuit seeking a preliminary and a permanent injunction against Tulane, together with declaratory relief ... That was the point at which two nieces of Josephine Louise Newcomb filed a lawsuit seeking a preliminary and a permanent injunction against Tulane, together with declaratory relief. (Townhall.com)
Ceregene notes Parkinson's data Apr 18, 2007
Diazyme had been seeking declaratory relief from Axis-Shield, a Norwegian company that has an early patent related to homocysteine, said David Doyle, of Morrison & Foerster, which represented Diazyme. Diazyme has more recent patents related to homocysteine, which is a biologic marker for several diseases, including cardiac indications, Doyle said. (San Diego Union-Tribune -- Business)
Qualcomm, Nokia still talking Apr 11, 2007
In November 2006, Artes filed a demand for arbitration with the American Arbitration Association against Ehrlich, seeking declaratory relief regarding the number of shares of common stock he was entitled to buy under a warrant the company issued to him in connection with his employment agreement. The settlement deal contains a mutual release of claims and a mutual agreement not to sue. (San Diego Union-Tribune -- Business)
The town won Mar 14, 2007
"Resolution of that issue is for another day." He struck down the town's request for "declaratory relief" in the matter of the school project. "Everyone likes a high school," Lantz told the court. (The Burke Times, VA)
High-profile trial to be costly Mar 11, 2007
A section marked as exclusions states the insurance company will not pay any fees, costs or expenses which the insured may become obligated to pay as a result of any adverse judgment for declaratory relief or injunctive relief. (T)his exclusion removes any obligation of the insurer to pay those, said John F. McCarrick, the other attorney asked to review the policy. (Scranton Times, PA)
News from around Wisconsin at 6:28 a.m. CST Feb 26, 2007
By the time the Friends of Superior Inc. filed the lawsuit, the theater was gone, so the group pursued an amended complaint seeking "declaratory relief" to determine if the city violated the law. In December, U.S. District Judge John C. Shabaz of Madison allowed the amended complaint to go forward, but on Friday, he dismissed the lawsuit on grounds that the group lacked legal standing in the case. (Chippewa Falls Chippewa Herald, WI)
Lawsuit in New Jersey Raises Issues for Many News Sites Feb 14, 2007
Charging that NJ.com knew or should have known that disclosure of the confidential information associated with the AntiBrennan username to Brennan would result in embarrassment to Gallucci, and given the emotional and economic harm it has caused, Gallucci is suing for NJ.com for money damages as well as declaratory relief seeking to broaden a final decision to apply to other ISPs in similar situations. NJ.com s general counsel issued a statement in the immediate aftermath of the complaint being... (MediaWeek.com)
N.Y. Firm Challenges New Attorney Ad Rules Feb 3, 2007
The suit, filed Feb. 1 in Albany, N.Y., seeks injunctive and declaratory relief in an attempt to prevent enforcement of the new rules by the disciplinary committees. (The rules are posted at ). (Law.com)
Agreement reached on Bluff City property Jan 13, 2007
In May 2005 the Authority filed a lawsuit against Rusch seeking damages and declaratory relief regarding the property. In response Rusch's attorney Sonny Harrison called for a jury trial and told the court the authority had failed to perform its duties properly. (Eufaula Tribune, AL)
