The distinction between agency declaratory
statements and agency rules was, for approximately 25 years, a point of conflict and debate in administrative law.
The FCC, with its Declaratory
Ruling, has made class action lawsuits easier to file and an onslaught of litigation is surely soon to follow.
the most recent case from the Supreme Court addressing declaratory
judgment justiciability, instructs courts considering declaratory
cases (including patent ones) to embrace the flexibility of Article III justiciability by simply asking whether a declaratory
plaintiff has a sufficiently real and immediate legal dispute with the declaratory
Implementation of the action declaratory
, training and testing center (FTEC) for activation and employability according to A* 16 Second Social Code m (SGB II) in conjunction.
The Surface Transportation Board has discretionary authority to issue a declaratory
order to eliminate a controversy or remove uncertainty in a matter related to the board's jurisdiction.
patent-related situation involving a declaratory
judgment action arises
Moreover, this is consistent with the Palmer & Cay recognition that the preclusive effect of a Georgia declaratory
judgment in Florida, although governed by Georgia law, will be determined by the Florida court's interpretation and application of that law.
In response to a preliminary injunction petition filed by Pfizer in October, the two companies seek a declaratory
judgment that their right to manufacture and sell amoldipine besilate remains valid.
However, AAU reserved rights, contending its policies did not cover the underlying claim, and filed a declaratory
judgment in 1988.
A state prisoner inmate brought a pro se civil rights action seeking declaratory
, injunctive and monetary relief.
The court found that the FCC's classification in the declaratory
ruling was inconsistent with the court's earlier finding in AT&T Corp.
Circuit Court of Appeals ruling a federal judge was wrong to reject a manufacturer's attempt to win a single declaratory
Appeal of the dismissal of appellant's claim for a declaratory
judgment under the Federal Tort Claims Act and the Constitution regarding the banking agencies' alleged failure to intervene on his behalf in civil litigation involving a regulated institution.
The lawsuit asks the court to issue a declaratory
judgment that the regulation violates federal law and an injunction against its implementation.
the court found Georgia's declaratory
judgment action to be an adequate predeprivation remedy.