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)
Former Judge Plans His Own Suit Against County Dec 28, 2006
Anticipating Koehr's suit, Parks filed a petition seeking declaratory relief Dec. 21 in Cole County asking the court to resolve the issue of whether the statute is valid. Koehr said he was reviewing Parks' petition with his attorneys but would likely file a motion to intervene in that action. (Missourian Publishing, MO)
Nevada Voters Claim Victory in Smoking Ban Lawsuit Case Dec 22, 2006
Read on for a link to the plaintiffs' complaint for injunctive and declaratory relief. A diverse group of businesses filed a lawsuit in State District Court today challenging the constitutionality of Question 5, the "Nevada Clean Indoor Air Act" ("NCIAA") sponsored by the Nevada Tobacco Prevention Coalition. (KLAS-TV.com, NV)
Divorce makes mom fugitive, torn from her kids Nov 14, 2006
"She filed an action for declaratory relief trying to find out how far she should go - how far she could go in the prosecution of her misguided efforts to address the visitation schedule, which again emphasizes that for her it was more about the money and her needs and wants rather than the children's," he said. What he didn't know is that Merry had moved the money offshore and things were about to spin out of control. (The Palm Beach Post)
County District Court Oct 27, 2006
City of Wichita v. Kansas Human Rights Commission, petition for judicial review and declaratory relief. Dismissed. (Topeka Capital-Journal -- News)
Court lets high school lawsuit go forward Oct 25, 2006
Circuit Court Judge Thomas D. Horne ruled Monday that, even given his firm belief in exhausting other remedies before heading to court, this case "calls for declaratory relief." He will set a trial date Nov. 6. His decision, whatever it is, will set a Virginia legal precedent: The concept of the Urban Growth Area, and the county/town agreement to cooperate in the development of the area surrounding Purcellville, are unique to Loudoun. (The Burke Times, VA)
Dowling Village gets a green light Oct 6, 2006
In concluding his decision on the Alliance suit, Silverstein denied "the Plaintiffs motion for a summary judgement on its claim for declaratory relief," and granted Bucci development as defendant a declaration that its land development plan under the local zoning ordinance "is valid and in compliance with the Zoning Enabling Act.". The Call 2006. (Woonsocket Call, RI)
Tulare Co. wins ruling on dispute resolution Oct 1, 2006
In response to the union's filing, county officials filed a complaint July 20 in Superior Court asking a judge to grant the county "declaratory relief.". The county's complaint said binding arbitration conflicts with the state constitution. (Fresno Bee)
China BAK Announces Involvement in Federal Patent Infringement Lawsuit Sep 19, 2006
A123Systems stated that it "believes the countersuit is without merit." In the earlier filed Massachusetts lawsuit, A123Systems sought declaratory relief that A123Systems is not infringing either the '382 Patent or the '640 Patent, and that the '382 Patent and the '640 Patent are invalid. This press release contains forward-looking statements, which are subject to change. (PR Newswire)
Voting machine question triggers flurry of activity Sep 3, 2006
On Aug. 22, County Attorney Steve DeMarsh told the County Commission, "We've identified a number of (petition) provisions that appear to conflict with the state election code. If the commission is in doubt, it should seek declaratory relief in the courts.". DeMarsh said a ruling must be handed down by Sept. 15 if the charter proposal is to appear on ballots mailed to members of the armed forces and out-of-town residents who are registered to vote in the county. (Charlotte Sun Herald)
Jason Antebi, Occidental College, and Free Speech Aug 26, 2006
One provision of the Leonard Law reads, "Any student enrolled in a private postsecondary institution that has made or enforced any rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the cou 00000717 rt." This provision, the court concluded, means that a student must be enrolled at the college he is suing at the time of the lawsuit in order to sue. Antebi graduated shortly before he filed his lawsuit; therefore... (Human Events Online)
Glykon Technologies Group Litigation Against Renaissance Herbs, Inc. and Its President, Alex S. Moffett Aug 23, 2006
Glykon is seeking Declaratory Relief, Accounting, and Rescission as well as punitive and exemplary damages. In addition to the current litigation, Glykon intends to pursue all those parties who knowingly aided and abetted RHI in its attempts to misappropriate Glykon IP, including any improper USPTO filing(s). (PR Newswire)
Abortion law ruled invalid Aug 18, 2006
Firstly whether the court was the only one which could hear a matter of this nature and secondly whether it was within the court's rights to "grant declaratory relief in respect of the proceedings of Parliament" ... He further said that the court could not grant "declaratory relief" before the legislative process had been completed and the bill signed into law by the President ... Since the challenge to the validity of three of the Acts was brought after they had already been enacted, the... (iAfrica.com)
Residents sue county over Measure 37 Aug 17, 2006
The county last year sought declaratory relief with the Jackson County Circuit Court to resolve the transferability issue. The case is expected to be heard in late November. (Mail Tribune, OR)
Read more. . Aug 13, 2006
The Lexington Insurance Company of Boston filed a complaint for declaratory relief on Aug. 1 through the Northwest District Court in Williston. A group calling itself the TISA for Active Change filed a lawsuit against the current and former board members in Tribal Court in Belcourt. (Williston Daily Herald, ND)
Beaconsfield Gold in court over mine Aug 3, 2006
Beaconsfield initiated action in the Supreme Court of Victoria on Thursday, seeking declaratory relief in relation to its pre-emptive rights under the BMJV agreement. The mine has been closed since April 25 when a rockfall killed miner Larry Knight and trapped Todd Russell and Brant Webb for 14 days. (Sydney Morning Herald -- Business)
Negligence Suit Results in $1.1 Million Judgment Against Akin Gump Jul 21, 2006
In response to the underlying suit, National Development and Tang brought a counterclaim alleging breach of contract against Panda and seeking declaratory relief. Shuford says Tang alleged in its counterclaim in the underlying suit that Panda terminated a consulting agreement with him, and then failed to fully compensate him -- specifically with a success fee and stock in a power plant subsidiary. (Law.com)
Esplanade VIP seats face court challenge Jul 6, 2006
by keeping all areas free and open to the public -- both now and in the future," the register, Richard Iannella , wrote to the state Department of Conservation and Recreation about the prime real estate apparently occupied by the favored elite at Hatch Shell concerts.``Should the administration's practice of VIP seating, access for the privileged only, and other willful barricading of this public treasure continue, I will protect the public's interest and file an equity complaint seeking... (Boston Globe)
Campaign spending panel sued for alleged violations Jun 25, 2006
The complaint alleges that commissioners immediately denied the firm's request for declaratory relief without listening to public comments when they returned from executive session. The suit seeks a court order that would overturn the commission's decision and allow lawyers representing the firm's executives to comment on their petition, among other things. (Honolulu Star-Bulletin)
Adroit Resources Inc.: Private Placement Closed Jun 21, 2006
On April 6, 2006, the Company announced that it had commenced legal action against Tres-Or in the Supreme Court of British Columbia seeking damages for breach of contract, declaratory relief and various orders for specific performance of contractual obligations in connection with its joint venture with Tres-Or. The Company is also claiming against Tres-Or for unjust enrichment at the expense of the Company, an accounting for all profits, benefits, interests and advantages obtained by Tres-Or by... (CCNMatthews Press Releases)
Sun countersues start-up Azul May 4, 2006
"Sun's original set of allegations claimed an even longer list of patents and unspecified trade secrets than what is in their complaint filed today. This leads us to believe that we were right in seeking declaratory relief and we are confident we will prevail," he said. "This suit is not about Azul technology; this suit is about Sun and its predatory attempt to thwart Azul's innovative solution from penetrating the market.". (ZDNet)
Burst countersues Apple over patents Apr 18, 2006
Seeking declaratory relief, Apple in January filed a lawsuit in San Francisco. Burst said that the lawsuit followed a breakdown in protracted negotiations for issuance of a license of Burst's patents to cover Apple's iPod and iTunes products. (MacNN)
Commerce Energy Group Files Demand for Arbitration Mar 31, 2006
The Demand for Arbitration filed by the Company asserts claims for declaratory relief, material breach of contract and breach of the implied covenant of good faith and fair dealing and seeks compensatory damages in an amount to be determined at the arbitration hearing. "We continue to believe that the allegations made by ACN against us are without merit and we will continue to aggressively defend ourselves. We also believe that we have been damaged and the filing of our Demand for Arbitration is... (PR Newswire)
Our Sunshine Law: Mercury News' suggested model ordinance Mar 19, 2006
The release of specific factual information made confidential by state or federal law including, but not limited to, the privilege for confidential attorney-client communications, may be the basis for a request for injunctive or declaratory relief, of a complaint to the Mayor seeking an accusation of misconduct, or both ... (a) In addition to the other remedies provided by this Title, any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in the... (San Jose Mercury News)
Vendors respond to new Mac OS X worm Feb 18, 2006
"Apps: FretPet, iPod.iTunes, Shoebox ($40) allows users to brainstorm, organize, schedule, plan, coordinate, collaborate, and perform work in one window. Version 2.0 features an intuitive user interface, "Smart Projects," collaboration via Bonjour, styles, multiple sources, iCal synchronization, Spotlight support, and CoreData. The Beta 3 release fixes a critical iCal sync bug, as well as other major bugs related to undo/redo, sorting, document scrolling, unusual text styles, locked projects,... (MacNN)
Yamaha denies Altadis' ... Jan 11, 2006
In any event, Yamaha will defend its rights vigorously, and reserves the rights to claim both pecuniary damages and declaratory relief with respect to the wrong and disparaging statements made by Altadis and the harm wilfully caused by its frivolous conduct, for the sake of Yamaha and all of its fans and supporters worldwide who continue to support and sustain the MotoGP sport and Yamaha's MotoGP factory racing team. -yamaha factory racing. (Motor Sport)
Apple enters legal battle with Burst.com Jan 7, 2006
Apple's declaratory relief complaint, filed earlier this week with the U.S. District Court in San Francisco, came after negotiations to license Burst. com's video and audio delivery software broke down, a Burst representative said. (ZDNet News)
Apple Sues Burst.com over Video Patent Claims Jan 7, 2006
Apple Inc. sued an audio and video delivery technology company, in U.S. District Court in San Francisco yesterday for declaratory relief, alleging patent invalidity or non-infringement, according to a report on. The two companies were negotiating the issuance of a license to cover Apple's iPod and iTunes products. (eWeek)
Is Apple Taking the Next Step Towards Full-Length Films? Jan 7, 2006
com, a developer of video and audio delivery software is being sued in the U.S. District Court in San Francisco, on January 4th 2006, by Apple Computer for declaratory relief, alleging patent invalidity or non-infringement. The suit follows a breakdown in protracted negotiations for issuance of a license of Burst's patents to cover Apple's iPod and iTunes products. (Softpedia)
