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See searches and references containing DECLARATORY JUDGMENT!DECLARATORY JUDGMENT
Legal determination of the rights, duties, or obligations of parties to a civil dispute
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form
Declaratory_judgment
Formal decision made by a court
Consent judgments are often used in the regulatory context, particularly in antitrust and environmental cases. Declaratory judgment: a judgment that determines
Judgment_(law)
Court judgment without a full trial
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and
Summary_judgment
Legal order to stop specific acts
remedy in American law, the declaratory judgment. Another way these two remedies are distinguished is that the declaratory judgment is sometimes available
Injunction
granted, and Step-Saver's motion for a declaratory judgment was denied on the grounds of misuse of the Declaratory Judgment Act. Specifically it failed because
Step-Saver Data Systems, Inc. v. Wyse Technology
Step-Saver_Data_Systems,_Inc._v._Wyse_Technology
Declaring a person legally dead in the absence of direct proof
revocation of the said declaratory judgment, then it can be annulled. The legal consequence of revoking declaratory judgment is essentially about restoration
Presumption_of_death
2012 US federal court case
April 12, 2012. On May 17, 2012, Judge Benson issued an order and declaratory judgment ruling that individuals and service providers could not be prosecuted
Florence_v._Shurtleff
Civil action brought in a court of law
temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve
Lawsuit
Image designed by Shepard Fairey
and the AP began negotiations for compensation. Fairey sued for a declaratory judgment that his poster was a fair use of the photograph. The parties settled
Barack_Obama_"Hope"_poster
1998 United States Supreme Court case
United States Supreme Court case in which the court held that the Declaratory Judgment Act cannot be used to seek an advance ruling on a collateral issue
Calderon_v._Ashmus
Authoritative establishment of fact by a court of law
a declaratory judgment. Less commonly, where declaratory relief is awarded by an arbitrator, it is normally called a declaratory award. Declaratory relief
Declaration_(law)
Claim preclusion in law
conclusion of action in state court. There is a declaratory judgment exception to res judicata. "[A] declaratory action determines only what it actually decides
Res_judicata
American conservative advocacy group
Movie. Fearing prosecution from the FEC, the organization sought a declaratory judgment in federal court to assure their right to show the movie, leading
Citizens United (organization)
Citizens_United_(organization)
Property that lacks an owner
an experimental legal case of first impression, a lawsuit for a declaratory judgment was filed in a United States Federal Court to determine the lawful
Unowned_property
pilots before the court. Recently,[when?] US Airways requested a declaratory judgment. It is asking the court to determine whether or not they would be
US_Airline_Pilots_Association
2014 United States Supreme Court case
concerning the allocation of the burden of proof in a patent-related declaratory judgment action. The Court held that when a patent licensee seeks a declaration
Medtronic, Inc. v. Mirowski Family Ventures, LLC
Medtronic,_Inc._v._Mirowski_Family_Ventures,_LLC
Procedural device in United States law
to set aside judgment" asks the court to vacate or nullify a judgment or verdict. Motions may be made at any time after entry of judgment, and in some
Motion_(legal)
Insurance that covers legal liability for injury, damage, or loss caused to others
of rights; seek a declaratory judgment that it has no duty to defend the claim; or decline to defend or to seek a declaratory judgment. The duty to defend
Liability_insurance
US federal legislation
discretion. If a jurisdiction seeks judicial preclearance, it must file a declaratory judgment action against the attorney general in the U.S. District Court for
Voting_Rights_Act_of_1965
American video game company
the name of a proposed Facebook game. Blingville filed a suit for declaratory judgment that it did not infringe on a Zynga trademark. As reported in Gamasutra
Zynga
1998 United States copyright law
copy protection, to another DVD or to a CD-ROM. The company sought declaratory judgment from MGM Studios that their software did not violate the DMCA, or
Digital Millennium Copyright Act
Digital_Millennium_Copyright_Act
American news anchor and politician (born 1964)
federal district court to clarify a federal law (that is, seek a declaratory judgment) in the event that the executive branch is not enforcing the law
Trey_Gowdy
American street artist and activist (born 1970)
Southern District of New York against the Associated Press, seeking a declaratory judgment that his use of the AP photograph was protected by the fair use doctrine
Shepard_Fairey
2015 U.S. Supreme Court case on same-sex marriage
to indicated actions) Final Order Granting Plaintiffs' Motion for Declaratory Judgment and Permanent Injunction in Obergefell v. Wymyslo, No. 1:13-cv-501
Obergefell_v._Hodges
American freed after rebuilding his life during sentencing error (born 1977)
be sued in Cole County. But if Anderson re-files this matter as a declaratory judgment action and names the Director as the defendant, the Director consents
Cornealious Michael Anderson III
Cornealious_Michael_Anderson_III
US federal statute
agency in court for non-monetary relief, such as an injunction or a declaratory judgment. There is a similar Model State Administrative Procedure Act (Model
Administrative_Procedure_Act
2019 United States court case
LinkedIn, seeking both injunctive relief under California law and a declaratory judgment to prevent LinkedIn from lawfully invoking the Computer Fraud and
HiQ_Labs_v._LinkedIn
Digital archive by the Internet Archive
profane-justice.org between 1999 and 2004. Internet Archive filed a declaratory judgment action in the United States District Court for the Northern District
Wayback_Machine
American legal scholar (1884–1951)
compensation for victims of wrongful conviction as well as the use of declaratory judgments. His work in international law emphasized non-intervention and neutrality
Edwin_Borchard
disposition. It is not to be confused with summary judgment, which means a decision without trial. The judgment or order may be affirmed or enforced without
Summary_order
Legal document
It is normally used only when the plaintiff intends to move for summary judgment in their favor at the earliest opportunity and needs to preemptively attack
Demurrer
Type of lawsuit
omnes effects if and only if the defendant is found liable, and the declaratory judgment can be used then to pursue damages in the same procedure or in individual
Class_action
United States Court case on copyright in fictional characters
controversy" between the parties, as required before the Court may issue a declaratory judgment, because the Estate had not threatened litigation against Klinger
Klinger v. Conan Doyle Estate, Ltd.
Klinger_v._Conan_Doyle_Estate,_Ltd.
United States legal procedure
In the United States courts, a motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has
Judgment_as_a_matter_of_law
American cybersecurity technology company
Court for the Northern District of Georgia. The company sought a declaratory judgment stating that any liability arising from the July 2024 incident is
CrowdStrike
Resolution between disputing parties about a legal case
Disposition of any pending litigation, such as dismissals or stipulated judgments. Disposition of any future litigation between the parties. Enumerate how
Settlement_(litigation)
Out-of-court oral testimony of a witness, reduced to writing
identification questions can make exhibits admissible for hearings and summary judgment motions. Sometimes, after a number of witnesses have been deposed, the
Deposition_(law)
default of its treaty obligations and, second, the availability of declaratory judgment concerning the government's compliance with any such obligations
Federal voting rights in Puerto Rico
Federal_voting_rights_in_Puerto_Rico
2011 stabbing death in Philadelphia
Philadelphia Court of Common Pleas. The lawsuit, a mandamus and declaratory judgment action, sought to compel the city to amend the official manner of
Death_of_Ellen_Greenberg
American lawyer and politician (born 1946)
dismissed on jurisdictional grounds but was subsequently refiled. A declaratory judgment by the Supreme Judicial Court of Massachusetts exonerated Boston
Richard_Blumenthal
Part of a legal complaint
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Prayer_for_relief
Topics referred to by the same term
both parties agree, by stipulation, to a particular outcome Declaratory judgment, a judgment of a court in a civil case which declares the rights, duties
Judgment_(disambiguation)
1959 United States Supreme Court case
trying all issues itself in an action in which the plaintiff sought a declaratory judgment and an injunction barring the defendant from instituting an antitrust
Beacon Theatres, Inc. v. Westover
Beacon_Theatres,_Inc._v._Westover
1970 United States Supreme Court case
members of the court, vacated the judgment and remanded the case. Held: An order granting or denying only a declaratory judgment may not be appealed to this
Mitchell_v._Donovan
exclusive jurisdiction of this court also covers such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition. The Superior
Georgia_Superior_Courts
1950 United States Supreme Court case
federal question jurisdiction to exist over a lawsuit seeking a declaratory judgment, the lawsuit must state a claim that raises a federal question. Phillips
Skelly Oil Co. v. Phillips Petroleum Co.
Skelly_Oil_Co._v._Phillips_Petroleum_Co.
American birthday song
discovery began under an agreed plan with respect to Claim One, declaratory judgment as to whether "Happy Birthday to You" was in the public domain. The
Happy_Birthday_to_You
US legal case concerning intellectual property
2004), is a district court case brought by 321 Studios seeking declaratory judgment from the court that their DVD ripping software, i.e. DVD Copy Plus
321 Studios v. Metro Goldwyn Mayer Studios, Inc.
321_Studios_v._Metro_Goldwyn_Mayer_Studios,_Inc.
1981 film by Hal Needham
Insurance Company) sued von Beltz and her employer, Stuntman Inc., for a declaratory judgment that von Beltz's lawsuit was not covered under its policy. In 1988
The_Cannonball_Run
1943 United States Supreme Court case
that, although a licensee had maintained payments of royalties, a Declaratory Judgment Act claim of invalidity of the licensed patent still presented a
Altvater_v._Freeman
Lawsuit over ownership of real property
resembles other forms of "preventive adjudication," such as the declaratory judgment. This genre of lawsuit is also sometimes called either a try title
Quiet_title
Court-enforced rights or penalties
to return what they have received from the exchange. Declaratory remedies, or declaratory judgment, do not belong to the category of damages or equities
Legal_remedy
Rules that govern civil procedure in United States district courts
summary judgment motion persuades the court there is no "genuine issue of material fact" and also that the moving party is "entitled to judgment as a matter
Federal Rules of Civil Procedure
Federal_Rules_of_Civil_Procedure
Pretrial procedure in common law countries for obtaining evidence
each side's case and this often results in either a settlement or summary judgment, which eliminates the expense and risks of a trial. Discovery is also available
Discovery_(law)
Governor of Illinois from 2015 to 2019
S. Attorney Dan Webb and his law firm Winston & Strawn to file a declaratory judgment action in Federal Court to affirm his action. In February 2015, Rauner
Bruce_Rauner
1971 mid-air collision over California
United States that contained class-action allegations and sought a "declaratory judgment on the issue of liability". The Judicial Panel on Multidistrict Litigation
Hughes_Airwest_Flight_706
Malayalam
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Duty_of_disclosure
2024 flight operations disruption
the U.S. Northern District of Georgia. The federal case seeks a declaratory judgment concerning the contractual relationship between the two companies
2024 Delta Air Lines disruption
2024_Delta_Air_Lines_disruption
Official process of notifying someone of legal proceedings
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Service_of_process
1980 studio album by Porter Wagoner and Dolly Parton
date the payments ceased to the date of judgment. Wagoner hoped for the court to issue a declaratory judgment that Parton "is liable under contract to
Porter_&_Dolly
Legal document, the filing of which initiates a lawsuit
rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner. For example, in United States federal courts
Complaint
American businessman (born 1953)
without commercials. Dish filed a suit seeking a declaratory judgment asserting the legality of the judgment. Preliminary injunction by Fox to block the service
Charlie_Ergen
Reverse-engineering without infringing copyright
strictly required by law. In NEC Corp. v Intel Corp. (1990), NEC sought declaratory judgment against Intel's charges that NEC's engineers simply copied the microcode
Clean-room_design
American company
Washington, arguing that prior art exists and asking the court for a declaratory judgment that Xiaomi's 2019 robot vacuum patent is invalid. In 2022, security
Wyze_Labs
Clause of the US Constitution specifying natural born US citizenship to run for President
non-citizen and tried to deport her. The young woman filed suit for a declaratory judgment that she was an U.S. citizen by birth. She won at the trial level
Natural-born-citizen clause (United States)
Natural-born-citizen_clause_(United_States)
U.S. federal court case about Linux use
of the same form as their claim against IBM. Promissory estoppel Declaratory judgment On March 29, 2004, IBM amended its counterclaims again. It dropped
SCO Group, Inc. v. International Business Machines Corp.
SCO_Group,_Inc._v._International_Business_Machines_Corp.
Written statement of relevant charges in a legal case
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Bill_of_particulars
Legal document, filed in response to a complaint
defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind
Answer_(law)
Microsoft Corporation v. United States of America was a complaint for declaratory judgment action filed in the U.S. District Court in Seattle, Washington. At
Microsoft v. United States (2016)
Microsoft_v._United_States_(2016)
1967 studio album by the Velvet Underground and Nico
own the design's copyright, the partnership asked the court for a declaratory judgment that the Foundation did not have such rights. In response, the Foundation
The_Velvet_Underground_&_Nico
Chinese multinational electronics company
Washington, arguing that prior art exists and asking the court for a declaratory judgment that Xiaomi's 2019 robot vacuum patent is invalid. In September 2021
Xiaomi
American lawyer (1914–2001)
up as the representative plaintiff. The challenge sought both a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on
Henry_Wade
American policy expert
Reclamation District of Greater Chicago filed a lawsuit seeking declaratory judgment about whether the voters should decide in the November general election
Cameron_Davis_(lawyer)
lawsuit seeking a preliminary and permanent injunction, as well as a declaratory judgment, allowing potential voters to register, through October 6. On October
2024 Puerto Rican general election
2024_Puerto_Rican_general_election
Termination of a lawsuit at the plaintiff's request
as the defendant has not filed an answer or filed a motion for summary judgment. If the defendant has taken such action, dismissal is only proper under
Voluntary_dismissal
Software company in Canada
from the original on 2023-01-20. Complaint for Injunctive Relief, Declaratory Judgment & Cancellation of Federal Trademark Intel Wants 'Netbook' Trademark
Psion_Teklogix
People without magical abilities in the Harry Potter universe
Rowling and Scholastic, her publisher, sued for declaratory judgment and won on a summary judgment motion, based on a lack of likelihood of confusion
Muggle
Proceedings in any civil lawsuit or criminal prosecution
defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The
Legal_proceeding
Lawsuit
permanent injunction against SCO's Linux campaign and a number of declaratory judgments that Red Hat has not violated SCO's copyrights. Beginning in 2003
Red Hat, Inc. v. SCO Group, Inc.
Red_Hat,_Inc._v._SCO_Group,_Inc.
"Google-related" domain name registrations that he owns, Elliott later sought a declaratory judgment that his domain names are rightfully his, that they do not infringe
History_of_Google
Proposed stadium in St. Louis, Missouri
Louis Post-Dispatch. Retrieved January 22, 2016. "Petition for Declaratory Judgment" (PDF). Stadium Pleadings and Briefs. Office of the St. Louis City
National_Car_Rental_Field
US nonprofit exempt from federal income tax
Court of Federal Claims have concurrent jurisdiction to issue a declaratory judgment of the organization's qualification if the organization has exhausted
501(c)(3)_organization
Cuts off certain legal rights if not acted on by a specified deadline
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Statute_of_repose
Concept in United States copyright law
26 (2d. Cir. 2021). In that case, the Warhol Foundation sought a declaratory judgment that Warhol's use of one of Goldsmith's celebrity photographs was
Fair_use
White person who emulates Black culture
Day" since at least 2008. A plaintiff named Quera Pruitt sought declaratory judgment and $75,000 in punitive damages from the defendants for creating
Wigger
Trade organization in Canada
filed a motion with the Supreme Court of British Columbia seeking a declaratory judgment affirming the legality of their operation. The motion was denied
Music_Canada
U.S. political and legal concept
Carlucci (1973). After the D.C. Circuit Court of Appeals entered a declaratory judgment against Nixon in National Treasury Employees Union v. Nixon (1974)
Presidential immunity in the United States
Presidential_immunity_in_the_United_States
American physician-scientist
amendment rights in Knight First Amendment Institute v. Trump, and won a declaratory judgment in May 2018. Gu earned his undergraduate degree from Stanford University
Eugene_Gu
Offense of disobedience or disrespect in court
Retrieved 2014-08-13. Bray, Samuel (2014). "The Myth of the Mild Declaratory Judgment". Duke Law Journal. 63: 1091. SSRN 2330050. Hill, G. (2008). Contempt
Contempt_of_court
affected by it can draw in question its constitutional validity in a declaratory judgment proceeding as in any other."); Premier-Pabst Sales Co. v. Grosscup
Preamble to the United States Constitution
Preamble_to_the_United_States_Constitution
2006 United States Supreme Court case
Goldner, M.D. filed a complaint under 42 U.S.C. § 1983, seeking a declaratory judgment that the Parental Notification Act was unconstitutional and a preliminary
Ayotte v. Planned Parenthood of Northern New England
Ayotte_v._Planned_Parenthood_of_Northern_New_England
American playwright
the playwright on Adjmi's opening night. In 2014, Adjmi sued for a declaratory judgment that he had not infringed DLT's copyright. On March 31, 2015, three
David_Adjmi
Court case in the United States
were able to advance their WoW characters unattended. MDY sought a declaratory judgment that the Glider program did not infringe upon rights owned by Blizzard
MDY Industries, LLC v. Blizzard Entertainment, Inc.
MDY_Industries,_LLC_v._Blizzard_Entertainment,_Inc.
American composer and musician (born 1947)
negotiate and sued Lewis in Los Angeles County Superior Court, seeking a declaratory judgment stating that Lewis had no rights to the name or theory of de-evolution
Bob_Lewis_(musician)
2023 U.S. State Constitutional court case
However, the judge could issue a declaratory judgment saying officials violated the state constitution. That declaratory judgment would set a legal precedent
Held_v._Montana
Media Art Net, Vote-Auction project description [22] COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTION AND OTHER RELIEF, IN THE CIRCUIT COURT OF COOK COUNTY
Voteauction
Document with the purpose of warning
Cease-and-Desist Letters, DMCA Notifications and Personal Jurisdiction in Declaratory Judgment Actions". IDEA: The Intellectual Property Law Review. 50 (4): 777–830
Cease_and_desist
Type of legal opinion
opinion. Look up advisory opinion in Wiktionary, the free dictionary. Declaratory judgment - a binding opinion assigning rights, duties, and obligations within
Advisory_opinion
Political scandal in New Zealand
"Teapot pours out | Media Law Journal". "Reading the tea leaves: The declaratory judgment application". "The Conversation". 14 November 2011. Vance, Andrea
Tea_tape_scandal
performance and injunctions. The three types of actions are performance, declaratory judgment, and formation claims. The action is to compel the defendant to perform
Law_of_South_Korea
travel, tourism, insurance
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travel, tourism, insurance