SynonymsBot
Synonyms for declaratory_relief or Related words with declaratory_relief
injunctive_relief
declaratory_judgment
monetary_damages
counterclaim
wrongful_dismissal
appellee
rehearing
treble_damages
malicious_prosecution
appellees
punitive_damages
preliminary_injunction
compel_arbitration
plaintiffs
wrongful_termination
unfair_dismissal
filing_frivolous
plaintiffs_attorneys
mandamus
attorneys_fees
exemplary_damages
declaratory_judgments
temporary_restraining_order
demurrer
certiorari
plaintiff
filed_counterclaim
petitioner
res_judicata
recusal
rehearing_en_banc
countersuit
interlocutory
litigant
refile
counterclaims
patent_infringement
rescission
compensatory_damages
seeking_declaratory
counterclaimed
amicus_curiae_briefs
collateral_estoppel
petitioners
joinder
contributory_infringement
qui_tam
countersued
sua_sponte
forma_pauperis
Examples of "declaratory_relief"
Declaratory
relief
is most commonly seen in two particular circumstances:
Plaintiff, Brandon Mayfield, requested a
declaratory
relief
that several parts of the USA PATRIOT Act were unconstitutional under the Fourth Amendment.
The 11th Circuit vacated the injunction and
declaratory
relief
, and the award of attorney's fees and costs, and remanded to the lower court for further proceedings.
On 11 March 2013, the Saul Zaentz Co., (doing business as Middle Earth Enterprises), the rightsholder for the Lord of the Rings and Hobbit properties, filed an Amended Counterclaim against Fourth Age for
declaratory
relief
, breach of the implied covenant of good faith and fair dealing, and "quantum meruit". On the same day, the Warner Parties filed an Amended Counterclaim against Fourth Age for breach of contract and
declaratory
relief
.
As a result of the conflicting statements, the Minister launched this application for
declaratory
relief
to the effect that the SCA order had been automatically suspended by the application for leave to appeal. Together with their answering affidavit the respondents lodged a conditional counter-application. The thrust of their opposition was that the question of
declaratory
relief
was not incidental to the main relief sought (that is, leave to appeal), and that the application should properly be considered as direct access.
These consolidated certiorari, prohibition, mandamus and
declaratory
relief
petitions sought the annulment of Commission on Elections "Resolution No. 7902" (10 May 2007), treating Cotabato City as part of the legislative district of Shariff Kabunsuan.
Minister of Health & another v New Clicks SA (Pty) Ltd & others: in re Application for
Declaratory
Relief
is an important case in South African law, with significance especially in the areas of civil procedure and constitutional law.
The suit seeks injunctive and
declaratory
relief
as well as a waiver from the Law School Admission Test (LSAT) for Binno due to his visual impairment caused by retinitis pigmentosa. According to news reports, Binno is not seeking financial damages.
Rockwell Kent wanted to travel to England to attend a meeting of the World Council of Peace in Helsinki, Finland. He was denied a passport because he was allegedly a Communist and was alleged to have "a consistent and prolonged adherence to the Communist Party line." Kent sued in U.S. District Court for
declaratory
relief
. The District Court granted summary judgment against him.
The Seventh Circuit has held that in a mixed motives retaliation case, the plaintiff is not entitled to
declaratory
relief
, injunctive relief, or attorneys fees because retaliation is not listed in the mixed motives provision of the 1991 Civil Rights Act.
On September 20, 2012, Democratic candidate Steven R. Young filed a petition of extraordinary writ seeking
declaratory
relief
to the California Secretary of State to exclude opponent Walters from the 2012 election ballot for failing to establish a clear residency status in the district she was running in. Under state law, state legislators are required to live in the districts they represent.
Raich of Oakland, California, Monson of Oroville, California, and two anonymous caregivers sued the government for injunctive and
declaratory
relief
on October 9, 2002, to stop the government from interfering with their right to produce and use medical marijuana claiming that the CSA was not constitutional, as applied to their conduct. Raich and Monson were represented by Randy Barnett.
Defendants sought en banc review. This was denied and an amended order and opinion was issued in February 2003. The amended opinion omitted the initial opinion's discussion of Newdow's standing to challenge the 1954 Act and declined to determine whether Newdow was entitled to
declaratory
relief
regarding the constitutionality of that Act.
The District Court for the Northern District of California rejected 321 Studios' claims for
declaratory
relief
, holding that both DVD Copy Plus and DVD-X Copy violated the DMCA and that the DMCA was not unconstitutional. Simultaneously, the court granted an injunction to enjoin 321 Studios from manufacturing, distributing, or otherwise trafficking in any type of DVD circumvention software.
In April 2010, the Yavapai Superior Court dismissed the Congress Elementary School District’s attempts to enjoin four women from seeking public records before the request is screened by the court. However, the court will consider the District’s request for
declaratory
relief
regarding Jean Warren’s pending January 13, 2010 public records request for the District's stewardship list and other public records. After the superior court denied the District's motion to stay the claim for
declaratory
relief
until after the appeal, defendant Jean Warren filed a motion for summary judgment to require the District to release the records. In addition, the District appealed the trial court dismissal and the parties recently completed briefing the issues for the Arizona Court of Appeals Division 1.
The civil suit alleges eight causes of action: (1)
declaratory
relief
that the City of Chelsea complies with ; (2)
declaratory
relief
that the City of Lawrence complies with ; (3) the Section 9(A) of the executive order (the "enforcement directive") is unconstitutionally coercive under the Tenth Amendment; (4) the executive order is facially unconstitutional under the Tenth Amendment; (5) the executive order is unconstitutional under the Tenth Amendment as applied to plaintiff cities, (6) (a) is unconstitutional under the Tenth Amendment; (7) the executive order violates the separation of powers recognized by the United States Constitution, and (8) the executive order as unconstitutionally vague in violation of the Due Process Clause of the Fifth Amendment.
On September 12, the Fourth District Court citing its own May decision in "Gomes v. Countrywide", stated that "the statutory scheme...does not provide for a preemptive suit challenging standing. Consequently, plaintiffs' claims for damages for wrongful initiation of foreclosure and for
declaratory
relief
based on plaintiffs' interpretation of section 2924, subdivision (a), do not state a cause of action as a matter of law."
After the Six Nations Band Council passed Resolution 15, Mrs. Bédard immediately sought an injunction in court to enjoin her expulsion from the Reserve as well as an order setting aside Resolution 15, passed by the Band Council. The motion for an injunction was later withdrawn in court, with Mrs. Bédard's counsel agreeing that only a
declaratory
relief
against the Six Nations Band Council would be sought.
On April 25, 2002, Frederick filed a civil rights lawsuit (under 42 U.S.C. § 1983) against Morse and the school board, claiming they violated his federal and state constitutional rights to free speech. He sought a
declaratory
relief
(for a declaratory judgment that his First Amendment rights had been violated), injunctive relief (for an injunction to remove the reference to the ten-day suspension from his school records), and monetary awards (compensatory damages, punitive damages, and attorney's fees).
In February 1995, Holmes sued the California and National Army Guards in the United States District Court for the Northern District of California, claiming that the "don't ask, don't tell" policy was unconstitutional because it violated his right to equal protection and to free speech. He sought damages as well as injunctive relief and
declaratory
relief
. The U.S. District Court granted summary judgment to Holmes on his federal equal protection and free speech claims against the CAARNG and USARNG.