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Topic: Declaratory judgment


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In the News (Sat 17 Aug 19)

  
  Declaratory judgment - Wikipedia, the free encyclopedia
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute.
Declaratory judgment is common when one party sends another a cease and desist letter.
Declaratory judgments are common in patent litigation - as well as in other areas of intellectual property litigation - because declaratory judgments allow an alleged infringer to "clear the air" with regard to a product or service which may be the focal point of a business.
en.wikipedia.org /wiki/Declaratory_judgment   (891 words)

  
 United States Tax Court Rules
The Rules of this Title XXI set forth the special provisions which apply to declaratory judgment actions, relating to the qualification of retirement plans, the status of certain governmental obligations, and the initial or continuing qualification of certain exempt organizations or the initial or continuing classification of certain private foundations.
Any party to an action for declaratory judgment with respect to the qualification of a retirement plan may move to have joined in the action any employer who established or maintains the plan, plan administrator, or any person in whose absence complete relief cannot be accorded among those already parties.
Disposition of an action for declaratory judgment, which does not involve either a revocation or the status of a governmental obligation, will ordinarily be made on the basis of the administrative record, as defined in Rule 210(b)(10).
www.taxlawcenter.com /g0023021.htm   (2711 words)

  
 Aerojet-General Corp. v. American Excess Ins. Co,
The demurrer was sustained on the ground that Aerojet' s present action for declaratory relief was barred by principles of res judicata as a result of an earlier declaratory judgment that had concluded that Aerojet was not entitled to relief from the same defendants.
Aerojet contends, however, that a judgment in a declaratory relief action is not entitled to "claim preclusion" effect, but only to "issue preclusion" effect based on comment e to section 33 of the Restatement Second of Judgments (hereinafter sometimes referred to as section 33).
Declaratory judgments are properly given res judicata effect as to those matters expressly and unambiguously declared in the judgment.
www.law.com /regionals/ca/opinions/mar/c030874.shtml   (6295 words)

  
 Declaratory Judgment Law and Legal Definition - USlegalforms.com
A declaratory judgment is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.
By seeking a declaratory judgment, the party making the request is seeking for an official declaration of the status of a matter in controversy.
A petition for a declaratory judgment asks the court to define the legal relationship between the parties and their rights with respect to the matter before the court.
www.uslegalforms.com /legaldefinitions/d/declaratory-judgment.php   (315 words)

  
 Idaho Observer: Questioning authority by request for declaratory judgment
Essentially, a declaratory judgment is a civil case asking the court to declare whether or not certain facts or matters of law are true.
Declaratory judgments are a civil case so you will need to learn and understand the Rules of Civil Procedure.
It may be “either affirmative or negative” to your cause and “shall have the force and effect of a final judgment or decree.” Declaratory judgments are intended to settle the whole controversy.
www.proliberty.com /observer/20000109.htm   (1953 words)

  
 Declaratory Relief @ lawschoolhelp.com
Declaratory judgments are provided for by both federal and state law.
Article III, Section 2) limits the exercise of the judicial power to 'cases' and 'controversies.' The Declaratory Judgment Act in its limitation to 'cases of actual controversy,' refers to the constitutional provision and is operative only in respect to controversies which are such in the constitutional sense.
The Declaratory Judgment Act states only that a court ãmay declare the rights and other legal relations of any interested party seeking such declaration.ä Where it is uncertain that declaratory relief will benefit the party alleging injury, the court will normally refrain from exercising its equitable powers.
www.west.net /~smith/declare.htm   (711 words)

  
 Ronald Arthur Lowry - Articles
It has become fashionable in recent years for insurers to sue their own insureds in a declaratory judgment action seeking to avoid coverage under a policy of liability insurance or to support the insurer’s denial of a first party claim by the insured.
Under the Federal Declaratory Judgment Act is clear that the granting of declaratory relief is a matter of trial court discretion.
One factor which supports the dismissal of a declaratory judgment action is the conduct of the insurer in filing such a declaratory judgment action to pre-empt the insured from having a choice of forum in a first party claim.
www.ronaldarthurlowry.com /oldsite/abuse.htm   (2037 words)

  
 APLF Alert: Declaratory Judgment Jurisdiction Can Not Be Sustained Based on Adverse Financial Interest Alone
Declaratory judgment jurisdiction cannot be sustained where the declaratory judgment plaintiff has an economic interest in a patent infringement suit between the patentee and one of its customers, but has no adverse legal interest.
The federal circuit disagreed, reiterating that a declaratory judgment plaintiff must establish (1) a reasonable apprehension of suit, and (2) the declaratory plaintiff engaged in potentially infringing activity or initiated concrete steps of such activity.
Without an underlying legal cause of action, any adverse economic interest that a declaratory plaintiff may have against the declaratory defendant is not a legally cognizable interest sufficient to confer declaratory judgment jurisdiction.
www.aplf.org /mailer-private/issue2006-17.html   (480 words)

  
 Aselco, Inc. et al. v. Hartford Insurance Group * Kansas
SOS was granted leave to file a petition seeking indemnification against Hartford in the declaratory judgment action a month later, and the parties were realigned, with SOS and Aselco as the plaintiffs and Hartford as the defendant.
Given that each was an avenue properly available to SOS, and that it selected declaratory judgment and proceeded to litigate its claims fully for more than 2 years, we view the district judge's belated decision to jettison that action in favor of a yet-to-be-filed garnishment as an abuse of discretion.
Following arguments in the declaratory judgment action on August 14, Hartford's counsel was informed by Aselco's counsel that Judge Elliott wanted to meet with all of the parties to discuss the status of the settlement negotiations in the underlying litigation.
www.claimrep.com /laws/cases/Ks/caseKSAselco.htm   (4747 words)

  
 Default judgment - Wikipedia, the free encyclopedia
Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court.
A defendant can have a default judgment vacated, or set aside, by filing a motion, after the judgement is entered, by showing of a proper excuse.
The judgment is binding and failure to comply with it means that enforcement action could be taken.
en.wikipedia.org /wiki/Default_judgment   (1092 words)

  
 New York City Declaratory Judgment Actions Lawyer, Injunctive Relief Attorney, Real Estate Litigation, Manhattan, ...   (Site not responding. Last check: 2007-10-19)
It is a judgment issued by the court that defines the legal relationship between the parties and their rights with respect to the matter before the court.
A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have or establishing the legal status or interpretation of a law or instrument, without awarding damages or ordering them to do anything.
Courts are usually reluctant to hear declaratory judgment cases, but in cases involving a claim that a governmental agency has failed to comply with its own policies and procedures to the detriment of a plaintiff, courts will step in to determine the parties’ rights.
www.garywachtel.com /PracticeAreas/Injunctive-Relief-Declaratory.asp   (617 words)

  
 No. 01-694: Sterling Co. v. United States - Opposition
The judgment of the court of appeals was entered on April 10, 2001.
On the merits, the court of appeals held that the Declaratory Judgment Act, 28 U.S.C. 2201(a), prohibits the district court from determining corporate tax liabilities in a receivership action.
Petitioner asserts that, in the absence of an express reference to receivership proceedings, the tax exception to the Declaratory Judgment Act should not be given its ordinary meaning as applied to such proceedings.
www.usdoj.gov /osg/briefs/2001/0responses/2001-0694.resp.html   (2781 words)

  
 LawKT.com: Law Firm Publications on Declaratory Judgment
Cincinnati then filed a petition for declaratory judgment in district court seeking a declaration that the CGL policy that it had issued to the insured did not provide coverage for claims arising out of pollution due to the absolute pollution exclusion and that as there was no coverage, there was no duty to defend.
The case arose after an insurer brought a declaratory judgment action seeking a declaration that it did not owe a duty of defense or indemnity under two commercial liability policies in connection with a civil suit alleging that the policyholder engaged in a conspiracy to violate federal antitrust laws.
The general liability insurer filed a declaratory judgment action seeking a determination that the errors and omissions insurer must bear a pro rata share of the underlying defense costs because, despite the defamation exclusion, the other allegations were covered under the policy.
www.lawkt.com /pubs/Declaratory_Judgment.html   (14375 words)

  
 [No title]
Even if the accused infringer brings a declaratory judgment action, the district court still has the discretion not to entertain the declaratory judgment action, even if the "reasonable apprehension" requirement is met for jurisdiction.
A declaratory judgment suit may be deemed anticipatory when "the plaintiff filed its suit upon receipt of specific, concrete indications that a suit by the defendant was imminent." Ward, 158 F.R.D. at 648; see also, Factors Etc., Inc. v.
The patent owner should also recognize that while it may be desirable to avoid giving rise to a declaratory judgment action, the purpose of the letter is to provide actual notice to toll the patent owner's rights to collect damages from the infringement.
www.bannerwitcoff.com /articles/sub_articles_8.htm   (2482 words)

  
 Declaratory Judgments Law
Connie A. Johnson appeals the trial court's judgments granting a portion of Dallas County's motion for summary judgment and, in a consolidated matter, granting Johnson's motion for declaratory judgment.
In this declaratory judgment action, plaintiff challenges the constitutionality of the procedure by which the voters adopted Article VII (Amended) of the Oregon Constitution in 1910.
This declaratory judgment case resolved competing interpretations of an indemnity provision in a contract transferring ownership of seismic data.
www.morelaw.com /cases/Declaratory_Judgments.asp   (2190 words)

  
 Kahaikupuna v. State
the purpose of a declaratory judgment is to serve some practical end in quieting or stabilizing an uncertain or disputed jural relation either as to present or prospective obligations;.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
However, that court granted declaratory judgment because there "were questions of business conduct affecting the interests of a large part of the public" and "the criminal aspects of the case were unimportant as compared with its general import." Id.
www.state.hi.us /jud/opinions/sct/2005/26850.htm   (3246 words)

  
 Harris v. Progessive Hawaii Insurance Corp. (Memorandum Opinion)   (Site not responding. Last check: 2007-10-19)
On December 17, 1998, Harris filed a declaratory judgment action against Progressive, contending that he was entitled to a claim for UIM benefits because his $90,000 settlement had exhausted TIG's $100,000 limit of liability due to the application of the covered loss deductible.
Subsequently, Progressive filed a motion to dismiss the declaratory judgment action on the grounds that, because Progressive had agreed to participate in arbitration, the declaratory judgment action was moot.
Progressive contends that the circuit court erred in denying its motion to dismiss and granting Harris's motion for summary judgment because the declaratory judgment action was moot once Progressive agreed to participate in arbitration.
www.hawaii.gov /jud/23000mop.htm   (1263 words)

  
 Claxton & Claxton, LLC: Legal Issues
The danger, dilemma, or injury must not be speculative or contingent upon a future event, but there must be a present, concrete issue between the parties wherein there is a definite assertion of legal rights and positive legal duty on the part of the adverse party.
To file such a suit for declaratory relief would result in an action seeking an advisory opinion which is not permitted under Georgia law.
Finally, Insurers must act immediately to reserve its rights to file a declaratory judgement action by sending out a reservation of rights letter to the insured stating the claim is being investigated and/or defended under a reservation of rights due to a violation of the policy, whatever that may be.
www.claxtonclaxtonllc.com /legal/declaratory.html   (400 words)

  
 Indiana Code 34-14-1
The court may refuse to render or enter a declaratory judgment or decree where the judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper.
When declaratory relief is sought, all persons shall be made parties who have or claim any interest that would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.
www.in.gov /legislative/ic/code/title34/ar14/ch1.html   (704 words)

  
 GROKLAW
If the judge accepts the dispute as one he wants to settle, he can, and after hearing both sides he can issue a declaratory judgment, in which he "declares" what is what and exactly what each party's rights are.
Wade involved a declaratory judgment that ended up with abortion statutes being declared unconstitutional.
Basically, that means it isn't a hypothetical problem and it isn't moot, meaning the court must be able to settle your problem with a declaratory judgment.
radio.weblogs.com /0120124/2003/06/29.html   (915 words)

  
 US CODE--TITLE 26--APPENDIX
Section 6234 of this title provides for a declaratory judgment relating to the treatment of items other than partnership items with respect to an oversheltered return, and is effective with respect to partnership tax years ending after Aug. 5, 1997.
At the time of filing a petition for declaratory judgment with respect to an oversheltered return, the petitioner shall file a designation of place of trial in accordance with Rule 140.
An action for declaratory judgment under this Title XXX shall be deemed at issue as provided by Rule 38.
www.access.gpo.gov /uscode/title26a/26a_30_.html   (680 words)

  
 Petition for Decalaratory Judgment - Zero Tolerance   (Site not responding. Last check: 2007-10-19)
Under Rule 57, C.R.C.P., declaratory relief on these issues is proper as the Court is vested with the authority to determine that policy complained of is improper in that it is in fact legislation by a body not authorized to legislate such a matter.
In addition, the policy complained of does not permit an administrative body charged with the responsibility of evaluating a student's improper behavior to determine if that behavior was in fact detrimental to another student or to school personnel.
WHEREFORE, Plaintiffs respectfully request that the Court enter a declaratory ruling invalidating Defendant's policy JICH and for such other relief as is proper.
www.ztnightmares.com /html/declaratory_judgment.htm   (666 words)

  
 Rule 57 Declaratory Judgments The procedure for obtaining a declaratory judgment pursuant to Title 28 U   (Site not responding. Last check: 2007-10-19)
The procedure for obtaining a declaratory judgment pursuant to Title 28 U.S.C. § 2201, shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39.
The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.
The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.
www.defraudingamerica.com /rule_57_declaratory_judgment.html   (154 words)

  
 US CODE--TITLE 26--APPENDIX   (Site not responding. Last check: 2007-10-19)
A claim for reasonable litigation or administrative costs shall not be included in the petition in a declaratory judgment action.
At the time of filing a petition for a declaratory judgment, a designation of place for submission to the Court shall be filed in accordance with Rule 140.
An action for declaratory judgment shall be deemed at issue upon the filing of the reply or at the expiration of the time for doing so.
www.access.gpo.gov /uscode/title26a/26a_21_.html   (4134 words)

  
 SCO vs Red Hat: Clarification Re Requirements for a Declaratory Judgment @ SYS-CON AUSTRALIA   (Site not responding. Last check: 2007-10-19)
First, the Declaratory Judgment Act is an enabling statute, not one that confers rights on you, the litigant.
This second prong, in essence, prohibits declaratory judgment plaintiffs from seeking advisory opinions on their potential liability for initiating some future activites.
Declaratory judgment plaintiffs must be engaged in an actual making, selling, or using activity subject to an infringement charge or must have made meaningful preparation for such activity.
au.sys-con.com /read/44507.htm   (3042 words)

  
 Wendy's files for declaratory judgment against some of its noteholders   (Site not responding. Last check: 2007-10-19)
The Ohio-based burger giant said Wednesday the move was related to a Sept. 28 decision by U.S. Judge Victor Marrero, who quashed a last-minute attempt by a group of Wendy's debtholders to block the planned spinoff during a district court hearing in New York City.
"Earlier today, the company filed a declaratory judgment in the U.S. district court in New York City seeking a ruling from the court that no violation of the indenture has occurred."
The original group of plaintiffs included Aflac Inc. (NYSE:AFL), Massachusetts Mutual Life Insurance Co., Swiss Re, Millennium Partners and Wellington Trust Co., but Wendy's did not specify which of those were named in its declaratory judgment.
www.cbc.ca /cp/business/061011/b101130.html   (294 words)

  
 Litigation Documents: Petition for Writ of Mandamus and Prohibition and for Declaratory Judgment
Petition for Writ of Mandamus and Prohibition and for Declaratory Judgment (2/16/96)
The Governor is without adequate remedy at law, and necessarily invokes both the legal and equitable jurisdiction of this Court to remedy the injuries and wrongs as set out hereinabove, and such other injuries and wrongs as may be determined by this Court to be necessarily related to this case and controversy.
Wherefore, premises considered, Petitioner prays that this Court exercise its jurisdiction over this case and controversy, consider this Petition for Writ of Mandamus and Prohibition, and for Declaratory Judgment, and set a schedule for the filing of the Attorney General's Answer/Response and the briefs for this action.
www.library.ucsf.edu /tobacco/litigation/ms/2forvmo.html   (2183 words)

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