declaratory judgment
The Myth of the Mild Declaratory Judgment
... earlier declaratory judgment); Tesmer ...earlier declaratory judgment in litigation against other state judges), rev’d on other grounds, 543 ...a declaratory judgment ...
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There Is a Pink Elephant at Our Patent Negotiation, and His Name Is Declaratory Judgment
... Perhaps in recognition of the negative implications associated with not recognizing covenants not to sue, the Federal Circuit has twice refined the SanDisk holding. 65 First, in Teva Pharmaceuticals USA, Inc. v. Novartis ...
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Chapter 10: Administrative Law: The Use of the Declaratory Judgment to Secure Judicial Review of Administrative Action
... thus, may be narrowed still further to whether such actions as state- ments made by agency employees to the agency as part of the investi- gatory process are ass[r] ...
18
Continental Casualty Co. v. Robsac Industries: Federal Declaratory Judgment Actions and Parallel State Proceedings--A Fifth Branch of Abstention
... Circuit held that federal district courts should generally decline to exercise jurisdiction in insurance coverage and other suits brought under the Federal Declarator[r] ...
25
Arkansas
... granted declaratory judgment in favor of Carr-Pool, finding that because Carr-Pool and her predecessors in interest had entered into oil and gas leases for the mineral rights in 1981, 1988, 1994, and 2005 ...
5
The Exemption from Patent Infringement and Declaratory Judgments: Misinterpretation of Legislative Intent?
... A second and potentially more harmful expansion of section 271(e)(1) is the denial of declaratory judgment actions when one party is gathering data for the FDA ap[r] ...
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Recent Case Decisions
... a declaratory judgment that they own the fossils as owners of the surface estate, while Previous Owners removed the case to federal court and sought their own declaratory judgment that the ...
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Louisiana
... for declaratory judgment, and the trial court held that the summary judgment in favor of Baker Hughes was “of no legal effect or consequence, insofar and only insofar as to (1) [Marlborough], its ...
14
Declaratory Judgments: Steffel v Thompson, 415 U S 452 (1974)
... 24 The Court in Younger said: The District Court, however, thought that the Dombrowski decision substantially broadened the availability of injunctions against state criminal prosecution[r] ...
11
Substantive Consolidation: The Back Door to Involuntary Bankruptcy
... Alter ego status determinations and decisions to pierce the corpo- rate veil are equitable declaratory determinations. 1 32 Creditor mo- tions for consolidation are re[r] ...
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Functional Judgment of Young Mexican Heterosexuals’ Judgment towards Gay, Lesbian and Heterosexual Adoption
... At least three aspects can be noticed from the above data. First, in both clusters the most relevant factor relates to couples’ relationship stability. Second, couples’ sexual orientation was only relevant to low ...
11
On the Relevance of Poor Judgment
... A useful extension of the epidemiologic model is the three-by-three injury matrix developed by Had- don.7 In one dimension are the factors contributing to injury-human, vehicle or equipm[r] ...
5
Chapter 21: Civil Procedure and Practice
... The Court further pointed out that a group of taxpayers for purposes of declaratory relief did not qualify validly as plaintiffs in a class suit and thus the result i[r] ...
5
The epistemological relevance of the arts in foresight and futures studies
... Public, Declaratory and Transformational nature in those marginal spaces where it is allowed to survive we argue that we could discern the role that imagination and foresight plays in the desired futures of the ...
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Reviewing Denied Motion for Summary Judgment Remand or Rendition of Judgment by Appellate Court
... Reviewing Denied Motion for Summary Judgment Remand or Rendition of Judgment by Appellate Court SMU Law Review Volume 20 | Issue 4 Article 16 1966 Reviewing Denied Motion for Summary Judgment Remand o[.] ...
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Analyzing Oil and Gas Farmout Agreements [reprint, first published 1987]
... sole judgment) on more favorable terms and conditions to Assignee, and if any such third party purchaser is designated, such designation shall be binding on ...
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Constitutionalization of Human Rights In Post-Soviet States and Latin America: a Comparative Analysis
... First, the differences between Western and socialist constitutions were often overplayed. Western constitutions were not necessarily drafted with few or no declaratory statement[r] ...
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The Secret of Judgment in Hannah Arendt
... All of what we can say about Arendt’s Judgment could begin with a truism that Arendt almost casually said that “debate constitutes the very essence of political life.” [5]. This truism makes it necessary to ...
8
Public ethics and political judgment
... a judgment call under pressure of time and rapidly moving events and conditions of risk and ...in judgment will necessarily and in every case produce optimal ...that judgment does not always go ...
13
Absolute identification by relative judgment
... In the RJM, we instead suggest that, in the absence of stable and accurate long-term representations of the absolute magnitudes of stimuli, participants instead rely upon a relative comparison of the current stimulus to ...
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