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https://www.bfvlaw.com/wp-content/uploads/2016/12/Weinrich-Declaratory-Judgment-Actions.pdf
Thus, a declaratory judgment action that is nothing more than an anticipatory defense to a breach of contract claim may be an inappropriate use of the declaratory judgment mechanism. Given that courts have discretion whether to entertain a declaratory judgment action, they may decline to …
https://legal-dictionary.thefreedictionary.com/declaratory+judgment
A declaratory judgment may only be granted in justiciable controversies—that is, in actual, rather than hypothetical, controversies that fall within a court's jurisdiction. A declaratory judgment, sometimes called declaratory relief, is conclusive and legally binding as to the …
https://en.wikipedia.org/wiki/Declaratory_judgment
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
https://docs.legis.wisconsin.gov/statutes/statutes/806/04
806.04 Annotation In a declaratory judgment action by taxpayers against a school board, legal conclusions in the complaint challenging the constitutionality of a taxing statute were permissible. Declaratory judgment actions are discussed. Tooley v. O'Connell, 77 Wis. 2d 422, 253 N.W.2d 335.
https://fraudlawyersflorida.com/2015/04/15/resolving-disputes-through-declaratory-relief-your-primer-to-floridas-declaratory-judgment-act/
Apr 15, 2015 · The Charter Club, Inc., 952 So. 2d 1206, 1207 (Fla. 3d DCA 2007) (holding complaint for declaratory judgment on proper interpretation of statute was sustainable); Jackson v. Fed. Ins. Co., 643 So. 2d 56, 58 (Fla. 4th DCA 1994) (finding justiciable controversy on …
https://probatecrt4.harriscountytx.gov/Documents/Declaratory%20Judgments%20CLE%202017%20for%20Court%204.pdf
When Is a Declaratory Judgment Proper? Chapter 5 2 III. ATTORNEY’S FEES IN DECLARATORY JUDGMENTS. A. Flexibility of Court in Awarding Fees. It has long been recognized that Texas law does not allow recovery of attorney¶s fees unless authorized by statute or contract…
http://www.taylordaylaw.com/blog/misuse-of-the-declaratory-judgment-act-when-declaratory-judgment-actions-are-brought-in-conjunction-with-an-action-for-breach-of-contract/
Apr 19, 2019 · When a declaratory judgment action is brought in conjunction with breach of contract action, a question of coverage that is not separate from the breach of contract action is improperly joined. Thus, in situations where a “complaint alleges in substance: He owes me money and will not pay.
https://dictionary.law.com/Default.aspx?selected=447
declaratory judgment. n. a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages. While this borders on the prohibited "advisory opinion," it is allowed to nip controversies in the bud.
https://www.crowell.com/documents/DOCASSOCFKTYPE_ARTICLES_478.pdf
The declaratory judgment action can be a powerful litiga-tion tool to resolve contract disputes with the government, but contractors often do not know how to use declaratory judgment actions effectively, or even that the option is available. Overlooking the declaratory judgment option is understandable. The predecessors to the Court of Federal
https://www.republicreport.org/wp-content/uploads/2016/08/Complaint.pdf
contract, negligence, violation of the Illinois Uniform Deceptive Trade Practices Act, conversion, unjust enrichment, and seeks a declaratory judgment. 19. Defendants purport to have filed the Demand and to have brought the Arbitration on behalf of themselves and a …
https://provemyfloridacase.com/actions-for-declaratory-relief-declaratory-judgment/
Sometimes a party pursues what is known as an action for declaratory relief or declaratory judgment– for a trial court to declare their rights with respect to the application of a written document or instrument.In this manner, Florida Statute s. 86.021 states: Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article ...
https://www.courthousenews.com/wp-content/uploads/2018/01/bk-sorority.pdf
COMPLAINT DECLARATORY JUDGMENT,-against- EQUITABLE RELIEF, ACTS OF NEGLIGENCE, DEFAMATION, BREACH OF CONTRACT and DAMAGES DELTA SIGMA THETA SORORITY, INC., Jury Trial Demanded Defendant. -----X COMPLAINT COME NOW Plaintiff, PRIYANKA BANKS, by and through counsel, Hernandez M.
http://codes.ohio.gov/orc/2721
Subject to division (B) of section 2721.02 of the Revised Code, a contract may be construed by a declaratory judgment or decree either before or after there has been a breach of the contract. Effective Date: 09-24-1999 . 2721.05 Determination of rights or legal relations.
https://docs.justia.com/cases/federal/district-courts/west-virginia/wvndce/1:2008cv00041/21180/9
Civil Action No.: 1:08-CV-00041 (Honorable Irene M. Keeley) AMENDED COMPLAINT FOR DECLARATORY JUDGMENT, BREACH OF CONTRACT AND OTHER RELIEF COMES NOW the plaintiff, West Virginia University Board of Governors for and on behalf of West Virginia University, by counsel, and alleges by way of Amended Complaint for Declaratory Judgment, Breach of ...
https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-57-declaratory-judgment
Rule 57 The procedure for obtaining a declaratory judgment pursuant to General Laws c. 231A shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 38 and 39.The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.
https://www.utcourts.gov/resources/rules/urcp/forms/docs/08_Complaint_Declaratory_Judgment.pdf
Form 8. Complaint --Declaratory Judgment [Caption and signature block as in Form 1] Plaintiff alleges: 1. On _____, plaintiff and defendant entered into an agreement regarding _____ [describe agreement]. A copy of the Agreement is attached hereto as Exhibit A. 2.
https://www.leg.state.nv.us/NRS/NRS-030.html
NRS 30.080 Discretion of court to render or enter judgment. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. [6:22:1929; NCL § 9445]
https://www.law.cornell.edu/rules/frcp/rule_57
The fact that a declaratory judgment may be granted “whether or not further relief is or could be prayed” indicates that declaratory relief is alternative or cumulative and not exclusive or extraordinary. A declaratory judgment is appropriate when it will “terminate the controversy” giving rise to the proceeding.
https://www.databreaches.net/wp-content/uploads/Zurich_Sony.pdf
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ZURICH AMERICAN INSURANCE COMPANY and ZURICH INSURANCE COMPANY LTD. Plaintiffs, ... Company Ltd. (“ZIC”), by way of Complaint for Declaratory Judgment against Defendants, Sony Corporation of America (“SCA”), Sony Computer Entertainment, Inc. (“SCEI”), Sony .
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