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The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
Microsoft Corporation v. United States of America was a complaint for declaratory judgment action filed in the U.S. District Court in Seattle, Washington. [1]
The defendants have limited time to respond, depending on the State or Federal 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, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. [5]
Brooks' complaint is seeking damages, "a declaratory judgment that Defendant’s allegations against him of sexual misconduct are untrue," an injunction to stop Roe from filing her suit, and a ...
Pennsylvania appellate courts generally adhere to the “final order” rule. Under this rule, only final orders are subject to appeal as of right, 42 Pa.C.S. Section 742. A final order is one ...
The litigants ask the federal judge to issue a declaratory judgment that New York’s laws barring non-residents from possessing or carrying firearms in public are unconstitutional under the ...
Of note was a challenge from the State of Hawaii, which formed the basis of the Supreme Court case. Hawaii brought a civil action challenging the executive order on March 7, asking for declaratory judgment and an injunction halting the order. [4] [5] Hawaii moved for leave to file an Amended Complaint pertaining to Executive Order 13780.
Apple's complaint sought a declaratory judgment and injunction based on an alleged breach of contract by Motorola, and alleged that Apple is a third party beneficiary under a patent licensing agreement between Motorola Mobility, Inc. and Qualcomm, Inc., and thus in reliance on that contract. Apple alleged that Motorola's rights under two ...