Failure to Notify Bankruptcy Court of Discrimination Suit Knocks Out Damages Aug 31, 2010
But DuBois also found that Hardee-Guerra may have a valid claim of pregnancy discrimination and therefore should be allowed to pursue a declaratory judgment and injunctive relief. "Resolving this claim is necessary to vindicate society's compelling interest in enforcing anti-discrimination laws," DuBois wrote. (Law.com)
Resident files federal suit against former Paragould police officer (4) Aug 28, 2010
He is demanding a jury trial in the matter and is seeking a declaratory judgment, compensatory damages, punitive damages, costs of this action, reasonable attorney's fees and any further and reasonable relief to which he may show himself entitled. In answers submitted to the U.S. District Court office in Jonesboro on the matter by Volner's personal attorney, Keith Wren, and official attorney, J. Denham, Volner denied violating Bryant's Fourth and Fourteenth Amendment rights. (Paragould Daily Press, AR)
Kemp: Victory for Georgia voters Aug 27, 2010
Under Section 5 of the Voting Rights Act, Georgia must obtain federal preclearance of any change affecting voting by bringing a declaratory judgment action in federal court or, in the alternative, by submitting the change to the DOJ for administrative preclearance. This week's decision by the U.S. Department of Justice to grant administrative preclearance of Georgia's voter verification process for first-time voter registration applicants, which includes U.S. citizenship verification, marks a... (Athens Banner-Herald)
BankAtlantic cancels debt repurchase offer Aug 26, 2010
In BankAtlantic Bancorp s emergency motion for expedited proceedings on Aug. 3, it asked the court for a declaratory judgment against BNY Mellon to execute the deal. Without a quick conclusion, it will suffer irreparable harm, the motion stated. (South Florida Business Journal, FL)
Texas Bar Turns Over 63,000 Member E-Mail Addresses to Law Student Aug 21, 2010
As noted in the original petition, von Wilpert seeks a declaratory judgment that the defendants violated the Public Information Act and injunctive relief to require release of the information. But the State Bar voluntarily released the e-mail addresses. (Law.com)
Charter, district still work on deal Aug 19, 2010
And that is a declaratory judgment from an objective third party as to what is the economic relationship between the district and the charter schools, he said ... This declaratory judgment will finally get that resolved. (Lake Wales News, FL)
Group sues city over building project Aug 18, 2010
In addition to a declaratory judgment, the group is also seeking a common law certiorari review of the matter. They are asking that the court prohibit the city from issuing any further or related approvals, of any kind whatsoever, relative to the PUD while the case is being considered. (Menomonie Dunn County News, WI)
Auto repair garage owner urged to take part in suit Aug 17, 2010
Norton has been through a number of proceedings with the Planning Board and the Board of Appeals," said town attorney Chris Vaniotis at Thursday's selectmen's meeting.Norton asked the Planning Board on two occasions to change the limitations, but the board refused to do so both times, Vaniotis said.In the lawsuit, the McKinneys ask for a declaratory judgment against the town, on grounds that Norton is in violation of the Planning Board's conditions, and they demand the town take enforcement... (Seacoast New Hampshire)
Plaintiffs seeking injunction for drilling at Hilliard Aug 17, 2010
Simonson and Parameswaran filed a request Aug. 3 for a declaratory judgment against the town of Flower Mound and a permanent injunction against the towns oil and gas inspector. That filing requests that the court review the municipal ordinances and related oil and gas permitting policies to see if they are being applied in accordance with state law. (McKinney Courier-Gazette, TX)
Regional authority to join county lawsuit Aug 12, 2010
The six-page complaint for declaratory judgment claims the board's chairmen made improper appointments to the authority from 2006 through 2010. Appointments should have been voted on by the full board, the lawsuit contends. (Chatham Star Tribune, VA)
Plano employees file suit; seek break, overtime pay Aug 10, 2010
According to the document, the plaintiffs are bringing suit against the city for declaratory judgment, breach of contract, quantum meruit, promissory estoppel, common law debt and the Texas Payday Act. They are seeking unpaid wages, attorney fees, costs and interest. (McKinney Courier-Gazette, TX)
Liberty Media Files Suit Against Indenture Trustee Seeking Declaratory Judgment and Injunctive Relief Aug 7, 2010
The suit seeks a declaratory judgment by the court that the previously announced plan to split-off (the "Split-Off") the businesses, assets and liabilities currently attributed to Liberty Media Corporation's Liberty Capital and Liberty Starz tracking stock groups will not constitute a disposition of all or substantially all the assets of Liberty Media, LLC under the indenture. The suit, which also seeks related injunctive relief, was filed in response to assertions made by a law firm purporting... (Yahoo! Wire -- Entertainment News)
Killer's insurance company argues it is not liable Aug 4, 2010
State Farm Fire and Casualty Co. has filed a motion in Allegheny County Common Pleas Court for declaratory judgment, asking a judge to rule that the company cannot be liable under Mr. Sodini's $100,000 personal liability policy ... The company filed the motion for declaratory judgment because it believes that letting a neutral third party make the decision on the possible payout would be best for everyone ... Ms. Bowman's involvement in the case must continue through the declaratory judgment... (Pittsburgh Post-Gazette, PA)
Residents sue Flower Mound to stop Hilliard gas permit Aug 3, 2010
Two Flower Mound residents filed a request Friday for a declaratory judgment against the Town of Flower Mound and a permanent injunction against the towns oil and gas inspector ... The plaintiffs are seeking a declaratory judgment and a permanent injunction, as it relates to the drilling permit for gas pad development on Hilliard Field, which is bordered by neighborhoods, schools, worship centers and businesses. (McKinney Courier-Gazette, TX)
Electric station development agreement hearing scheduled for end of August Jul 30, 2010
There is a motion hearing scheduled August 27 where the attorneys defending the county will ask for the judge to dismiss the request for a declaratory judgment. Chisago County is being represented by the Minnesota Counties Intergovernmental Trust (MCIT) and its attorneys. (Lindstrom Chisago County Press, MN)
Calif. Appeals Court Refuses to Toss Malpractice Claim Against Lewis Brisbois Jul 22, 2010
Lewis Brisbois then filed a lawsuit on behalf of National Union against Liberty Mutual, another insurer of Kmart, seeking a declaratory judgment that Liberty Mutual had to cover the personal injury damages. The action also sought a declaration that if National Union had to pay, it was responsible only for $25 million and not for any interest and costs accrued during the appeal. (Law.com)
New Judicial Pay Lawsuit Targets $51 Million N.Y. Budget Appropriation Jul 17, 2010
The declaratory judgment action, which asks the court to give the state's judges a salary boost as of April 1, 2009, was brought by five judges: Suffolk County Supreme Court Justice Emily Pines, St. Lawrence County Supreme Court Justice David Demarest, Acting Supreme Court Justice Jeffrey D. Lebowitz in Queens, Saratoga County Supreme Court Justice Stephen Ferradino, and Niagara County Supreme Court Justice Ralph A. Boniello III.. The suit is the latest salvo in the judiciary's 11-year battle... (Law.com)
Master Builders chapter sues state group Jul 17, 2010
The Master Builders Association of King and Snohomish Counties (MBA) today filed a lawsuit in Thurston County Superior Court against the Building Industry Association of Washington (BIAW) for breach of fiduciary duty, unfair competition under Washington s Consumer Protection Act, breach of contract, declaratory judgment and other actions related to BIAW s management of the Return on Industrial Insurance Program (ROII). The MBA filed the complaint on behalf of the association and its members who... (Puget Sound Business Journal, WA)
Cease and desist order lifted on Exeter property Jul 17, 2010
Winter suggested seeking a declaratory judgment to obtain final resolution on the matter. Individuals can seek a declaratory judgment after a legal controversy but prior to any damages having occurred or any laws having been violated ... A motion was made by Selectman Bill Campbell not to spend town resources to enforce this law and should Winter decide to move forward with a declaratory judgment on the property the town would not fight it. (Seacoast New Hampshire)
Civil suit asks judge to nullify LS Power county-township agreement Jul 9, 2010
Attorneys seek a Tenth Judicial District Court declaratory judgment that not only nullifies the agreement but requests court costs be awarded to the plaintiffs. The development agreement could not be legal because no permit has been issued for the electric station, so "zoning rules are still vested in the county and the township," the suit declares. (Lindstrom Chisago County Press, MN)
SCO appeals ruling in Novell case Jul 9, 2010
In June, when the district court granted Novell's request for declaratory judgment and ruled against SCO's claims of slander and breach of good faith, many onlookers celebrated the end of the bitter fight. The Utah judge ordered the case closed. (San Francisco Chronicle -- Technology)
Judge dismisses Norwood ballot suit Jul 2, 2010
and the ends of justice do not warrant a declaratory judgment, Baxter wrote in his opinion. The court finds that to issue a declaratory judgment at this time would constitute an advisory opinion. (Atlanta Journal-Constitution -- Metro)
Google vs. Microsoft, iPad bug, iPhone 4 Jun 12, 2010
Nancy Weil, IDG News Service\Boston Bureau. Friday, June 11, 2010. (San Francisco Chronicle -- Technology)
3rd Circuit Tosses Out Attorney Fees Leveled at JPMorgan Chase Jun 12, 2010
First American, the title insurer, filed suit in Pennsylvania state court against JPMorgan, the trustee for a securitized trust, and Ideal Settlement Services, the settlement agent, seeking a declaratory judgment that it owed no coverage to JPMorgan. Lawyers for JPMorgan removed the suit from the Washington County Court of Common Pleas to the U.S. District Court for the Western District of Pennsylvania. (Law.com)
Suit Filed Over Limits on Physician-Owned Hospitals Jun 5, 2010
The plaintiffs are seeking a declaratory judgment that the Physician Hospital Law is an unconstitutional abridgement of the plaintiffs' constitutional rights and injunctive relief to prevent enforcement of the law. Tracy Schmaler, spokeswoman for the U.S. Department of Justice, which represents Sebelius, writes in an e-mail, "The Department of Justice will vigorously defend the health-care reform statute in any litigation challenging it on constitutional or other grounds. We are confident that... (Law.com)
Looking at 'Love Letters' From Both Sides: Panelists Discuss Patent License Demands May 22, 2010
SanDisk allows for the filing of a declaratory judgment lawsuit if there's a controversy or dispute between two parties about their legal rights. Before SanDisk, Federal Circuit caselaw called for the "reasonable apprehension of suit" test, which requires the filing party to prove it had reason to believe the patent holder planned to sue it for patent infringement. (Law.com)
H-E-B rolls out Joe Vs May 7, 2010
On April 29, H-E-B responded by filing a declaratory judgment petition asking the federal judge to determine that there is no likelihood of confusion, mistake or deception as to the source or sponsorship of H-E-B s goods or services sold and planned to be sold under the Joe V s name. H-E-B contends that the only common element between the Joe V s name and the Trader Joe s name is Joe, a term in which Trader Joe s has no exclusive rights. (Houston Business Journal, TX)
School’s legal battle not over Apr 22, 2010
Regarding the requested declaratory judgment, Judge Mackey explained that there is no provision in Arizona statute for the court to screen public records requests. Specifically, wrote Mackey, the Court finds that [Congress District s] request would require that the Court re-write Arizona s Public Records law the Court cannot find within the language of those statutes anything that could be interpreted to allow for the establishment of a judicial screening process for multiple or even... (Wickenburg Sun, AZ)
TiVo Faces Patent-Infringement Countersuits By AT&T, Verizon Apr 1, 2010
The counterclaims seek declaratory judgment of non-infringement and invalidity of the patents TiVo asserted against Verizon in the August complaint. Additionally, Verizon alleged TiVo DVRs infringe five patents: U.S. Patent Nos. (Multichannel News)
Country Crossings says it's going to reopen Mar 23, 2010
"We applaud Attorney General King's decision to seek a civil declaratory judgment to resolve this issue in a court of law," the gaming facility said in a statement. "We will, of course, abide by any decision that the court renders, but as we have stated from the beginning, we are confident that our machines are legal based on the Houston County Amendment and the Alabama Supreme Court's six-point test. Will Matthews, lawyer for Country Crossing said, "We are putting people back to work and will... (WSFA.com, AL)
Tyson: AG has no authority to take over or fire him Mar 23, 2010
"The Supreme Court has issued one clear opinion after another on these illegal gambling issues, but the attorney general refuses to acknowledge those decisions. For example, even though the Supreme Court has made crystal clear that the trial court cannot issue declaratory judgments about the legality of electronic bingo, the attorney general now says that he is going to direct district attorneys to file declaratory judgment actions. His own attorneys indicated to the Governor last week that... (WSFA.com, AL)
Transcript: AG King's Task Force takeover speech Mar 23, 2010
Upon receipt of this evidence we will prepare declaratory judgment actions asserting the governor's position in court so that this matter can be finally, and definitively, settled. Delays in providing this evidence will delay our court filings and could even allow the two halls that voluntarily closed to reopen. (WSFA.com, AL)
N.J. High Court to Decide if Counsel Fee Awards Can Cross State Lines Mar 13, 2010
Myron's carrier, the Atlantic Mutual Insurance Corp., unsuccessfully sought to have a federal judge in the Northern District of Illinois grant its application for a declaratory judgment saying it did not have to defend Myron against the TCPA claims. The 7th U.S. Circuit Court of Appeals reversed and again Atlantic Mutual sought a declaratory judgment ... Wolff, of Morristown, N.J.'s , said Atlantic Mutual was not trying to deprive Myron of anything it was entitled to, but that it moved for a... (Law.com)
Both Senate bingo bills dead Mar 4, 2010
Macon County District Attorney E. Paul Jones said he will file for a declaratory judgment soon in Macon County Circuit Court. VictoryLand has been closed for a month to prevent a raid by the governor's gambling task force. (WSFA.com, AL)
County faces lawsuit over appointments to regional authority Feb 25, 2010
The six-page complaint for declaratory judgment against the Board of Supervisors was filed in Pittsylvania County Circuit Court by Chatham attorney Barbara Hudson on behalf of Nancy Barbour Smith, Karen B. Maute, Andrew Lester, George Stanhope and Carolyn Gibson. All of the plaintiffs are taxpayers in the county. (Chatham Star Tribune, VA)
Pro and anti gambling supporters react to state house rallies Feb 25, 2010
"We could file a declaratory judgment action, and we could ask the court...tell us, under this amendment, under this enabling law, under these rules and regulations and under this ratification debate that occurred in this county...is electronic bingo legal or not? File 17 of them, have 17 quick answers, take it to the Supreme Court, have a definitive answer. There's no reason we couldn't do that in a matter of months," he says. King made the same recommendation in a news conference last week. (WSFA.com, AL)
ZBA rules in favor of racetrack (5) Feb 17, 2010
She suggested the board take a look at the recent Declaratory Judgment action submitted to the Columbia County Supreme Court on April 16 of this year. The judgment seeks a declaration that the Wilzig racetrack is not a permitted use under the town of Taghkanic zoning ordinance. (Hudson Register Star, NY)
High Court Won't Stop Pinewild Annexation Feb 6, 2010
They tried to obtain a declaratory judgment on that question, but the effort was blocked ... In Carthage, Senior Resident Superior Court Judge James M. Webb dismissed their request for a declaratory judgment on that question and ordered them not to file it again. (The Pilot Newspaper)
Country Crossing issues statement after fed. ruling Feb 2, 2010
It remains to be seen whether Mr. Tyson will participate in the civil declaratory judgment action, notwithstanding the federal court's admonition that he do so. We agree that these issues should be decided without the drama that the task force has engaged in so far, and we look forward to the resolution of this matter in the orderly process that the federal judge suggests. (WSFA.com, AL)
Tlingit & Haida sues state over child support Jan 31, 2010
The council wants a declaratory judgment that will require the state to recognize its tribal court and administrative orders regarding child support that are granted under federal law. "In our tribe, we decided that we wanted to do something to make sure that children and families are supported," said Bob Loescher, vice chairman of the Tlingit & Haida Tribal Judiciary Committee. (Juneau Empire)
Board, developers at odds over road Jan 28, 2010
The board voted unanimously at its monthly meeting to seek a declaratory judgment action against GBT Realty regarding Crossings Circle ... City Administrator Victor Lay said declaratory judgment is when a judge decides, based on information presented, whether the road was meant to be conveyed to Spring Hill or not ... The board amended the resolution on the meeting agenda to show it is seeking a declaratory judgment instead of condemnation and unanimously authorized City Attorney Tim Underwood... (Columbia Daily Herald, TN)
Agreement reached in ferry dispute Jan 25, 2010
Brown filed a declaratory judgment examining a 40-year-old agreement between the parish and St. John the Baptist Church in Edgard in November 2008. A trial on the matter was set for Jan. 20. (L Observateur, LA)
Hamel Asks Board for Second Vote on Court Appeal Jan 16, 2010
Judge Pickard issued a declaratory judgment for the plaintiffs, stating that reconfiguration constitutes a non-incidental amendment to the regional plan, and a permanent, mandatory injunction ordering the Region 14 Board of Education to restore the K-5 schools in Bethlehem and Woodbury. The Region 14 Board of Education, at a special meeting Tuesday, December 22, 6-2, to authorize the board's legal counsel to file an appeal of Judge Pickard's decision. (Voices, CT)
Marvel Sues to Block `X-Men,' `Fantastic Four' Claims by Artist's Heirs Jan 10, 2010
The company is seeking a so-called declaratory judgment that the notices are invalid. The comic book publisher and movie producer claims Kirbys contributions to the comic book superheroes and stories were made-for-hire works, making Marvel the sole owner of the copyrights, according to the complaint. (Bloomberg -- Canada)
Court: Wilzig cant pave, use track Jan 10, 2010
In the legal action filed April 15, 2009, the Granger Group and 11 other plaintiffs sought a temporary restraining order, a preliminary injunction and a declaratory judgment vacating all the Taghkanic Planning and Zoning Board approvals ... McGrath approved the preliminary injunction blocking Wilzig from using or continuing work on his track until the declaratory judgment action that sought to make the injunction permanent was decided on. (Hudson Register Star, NY)
