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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)
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
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
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)
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
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
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
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
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
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
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
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
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
the West pilots before the court. Recently, US Airways requested a declaratory judgment. It is asking the court to determine whether or not they would be
US_Airline_Pilots_Association
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
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 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
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)
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
US federal legislation that prohibits racial discrimination in voting
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
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
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 status referendum
2024_Puerto_Rican_status_referendum
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
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
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.
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
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
Supreme law of the United States
effect of a final judgment. (c) There is no coercive order, as the parties are assumed to follow the judgment, but a "declaratory judgment" is the basis of
Constitution of the United States
Constitution_of_the_United_States
Legal motion
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion
Motion_to_set_aside_judgment
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)
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)
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)
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
Federal class action lawsuit
the district in the insurance litigation. Graphic Arts asked for a declaratory judgment, so it would not have to pay the district's legal bills. The insurance
Robbins v. Lower Merion School District
Robbins_v._Lower_Merion_School_District
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
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
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
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.
Joining of two or more legal issues together
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Joinder
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)
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
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
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
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
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
British actress (1916–2020)
against Warner Bros. in Los Angeles County Superior Court, seeking declaratory judgment that she was no longer bound by her contract. She used the grounds
Olivia_de_Havilland
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
US federal law prohibiting sex discrimination in education
Sports Council sued the Department of Education in 2011 seeking a declaratory judgment that its policy interpreting Title IX's requirement for equity in
Title_IX
English election court case 2015
raising the issue by Rahman. Under the third ground, Rahman sought a declaratory judgment that the Metropolitan Police decision to discontinue criminal investigation
Erlam_v_Rahman
American Greco-Roman wrestler and mixed martial artist
court granted Zuffa's request for a stay against a motion for a declaratory judgment in a suit filed by HDNet regarding Couture's contractual status with
Randy_Couture
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
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
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)
2016 statute in North Carolina, US
States, both in the Eastern District of North Carolina, seeking declaratory judgment that House Bill 2 was not discriminatory. McCrory's lawsuit, which
Public Facilities Privacy & Security Act
Public_Facilities_Privacy_&_Security_Act
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
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)
"New trial" in law
such as a constitutional determination made by a lower court, or summary judgment granted by a lower court. When this sort of issue is on appeal, the court
Trial_de_novo
humandignitytrust.org. 12 February 2019. Retrieved 2022-12-01. "Document 76 - Declaratory Judgment". Equality Case Files. Retrieved 2022-12-01. "Puerto Rico". National
LGBTQ_rights_in_the_Caribbean
Two-dimensional matrix barcode
Corporation, a large manufacturer of 2D barcode devices, filed a declaratory judgment complaint on 13 March 2006 after receiving information that Acacia
Data_Matrix
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
Transparent dental braces
certifications being re-instated. In February 2009, ClearCorrect filed a declaratory judgment against Align Technology. ClearCorrect claimed that some of Align's
Clear_aligners
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
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
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.
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
Procedural device before trial
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Impleader
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
US civil court procedural device
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Crossclaim
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
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
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
Sufficient legal justification for suing
fourth factor in Rodriguez v. FDIC (2020) to vacate a court of appeals judgment that applied a federal common law test instead of state law. Many states
Cause_of_action
Legal challenge
Roman Catholics from the throne of Canada. The applicant sought a declaratory judgment that certain provisions of the Act of Settlement 1701 violate the
O'Donohue_v_Canada
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
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.
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
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 government policy since 2025
Retrieved November 19, 2025. "COMPLAINT FOR INJUNCTIVE RELIEF AND DECLARATORY JUDGMENT" (PDF). storage.courtlistener.com. Court Listener. Archived (PDF)
Deportation in the second Trump administration
Deportation_in_the_second_Trump_administration
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
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
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
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
Statement by a party that it intends to take legal intention on another party
gives rise to a right by the receiving party to bring an action for declaratory judgment that it has not broken the law: for example, if the holder of a trademark
Legal_threat
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
US by racl-119207
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
American bill
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
ENFORCE_the_Law_Act_of_2014
Latin legal term meaning 'friend of the court'
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Amicus_curiae
"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
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Pleading_(United_States)
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)
Aspect of common law
the failure of the police to suppress the unrest. The city sought declaratory judgment arguing that it could not be liable for any failures of the Baltimore
Posse_comitatus
Georgia, Judge Timothy Batten wrote, "They want this court to substitute its judgment for two-and-a-half million voters who voted for Joe Biden... And this I
Post-election lawsuits related to the 2020 U.S. presidential election
Post-election_lawsuits_related_to_the_2020_U.S._presidential_election
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
Stock short title used for US 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
Civil_Rights_Act
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Suitable_age_and_discretion
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
aside De novo (new trial) ) Remedy (Injunction Damages Attorney's fee (American rule English rule) Declaratory judgment) Appeal Mandamus Certiorari v t e
Reply_(legal_term)
2025 U.S. Supreme Court decision
TikTok in the United States". In the lawsuit, TikTok requested a declaratory judgment to prevent the PAFACA from being enforced. The Court of Appeals expedited
TikTok,_Inc._v._Garland
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