The Supreme Court of Canada found Friday that the government acted dishonestly when it reneged on an 1877 treaty with an Alberta indigenous community and allowed for declaratory relief. The case ...
A judge ruled against the city of Del Mar last week on a demurrer that the city filed in response to a complaint by The Winston School over a multiyear dispute about the school’s lease. The city, ...
The unanimous justices said the potential for declaratory relief, which can trigger fee awards, can encourage public agencies to fully comply with California's records law. California’s public records ...
Pursuant to an asset purchase agreement, the plaintiff buyer purchased assets from a seller and several of its affiliates. Despite another company asserting that it owned twenty percent of the seller, ...
Last week, the 11th Circuit held that the limitations period of 28 U.S.C. § 2462 bars disgorgement or declarative relief for acts having occurred five years before the SEC files an action. The Court ...
If you’re of a certain age, or from a certain geographic sector of the country, then no doubt you’ve heard that particular idiom uttered to mean, “What a surprise!” “John and Megan eloped last night.” ...
While the Declaratory Judgment Act is to be liberally considered, a declaratory judgment was not a proper remedy to determine rights of the parties in this case, brought under the Sunshine Act, where ...
A number of tools exist to prevent abuse of court process and ensure matters properly and finally determined by a competent court do not become subject to re-litigation. These fall under the umbrella ...
Despite the legal strong arms of the world, it isn’t always about the money. In fact, setting criminal law — which is a horse of an entirely different color — aside, many times civil actions aren’t ...
The owner of a chocolate brand who was sued by Mars in March has filed a complaint for declaratory relief looking to clear her of any wrongdoing and recover attorneys’ fees.
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