|Series||Legal reprint series|
|LC Classifications||KD7573 .Z35 1986|
|The Physical Object|
|Pagination||xxii, 337 p. ;|
|Number of Pages||337|
|LC Control Number||86004867|
A justiciable declaratory judgment controversy arises for an ANDA filer when a patentee lists patents in the Orange Book, the ANDA applicant files its ANDA certifying the listed patents under paragraph IV, and the patentee brings an action against the submitted ANDA on one or more of the patents. Declaratory Judgment Actions: When are they Appropriate? by Neal F. Weinrich, Esq. Declaratory judgments are an important tool in litigation. They allow businesses or individuals to seek a court’s direction at the early stages of a controversy. When there is. 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 . 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.
Get this from a library! The declaratory judgment.. [Harry Woolf, Sir; Jeremy Woolf; J J Clyde] -- "Given the emphasis of the Civil Procedure Rules on settlement and speedy resolution of disputes, declaratory proceedings seem set for increasing importance. This new edition of the authoritative. May 15, · eliminating one barrier is sufficient for declaratory jurisdiction, so long as litigation is also pending that could eliminate the other barriers. Having determined that declaratory judgment jurisdiction existed when Dey filed its declaratory judgment action, the Federal Circuit considered whether declaratory judgment jurisdiction still exists. Given the emphasis of the Civil Procedure Rules on settlement and speedy resolution of disputes, declaratory proceedings are increasingly important. This new edition of the definitive work on the subject explains the wide scope of the declaratory judgment as a public law remedy for both individuals and public bodies and shows how it can be larep-immo.com: Jeremy Woolf. What is the Declaratory Judgment Act? A declaratory judgment is a judgment given by a court in a civil case that clarifies and reiterates the rights, duties or obligations of one or more parties in a dispute. Its main goal is to provide clarity regarding the law or how the .
Declaratory Judgments Edwin Montefiore Borchard No preview available - View all» References to this book. The Judicial Function in Federal Administrative Agencies Noel Thomas Dowling, Paul Raymond Hays No preview available - Immigration law and practice Jack Wasserman Snippet view . Courts of record may refuse to render or enter a declaratory judgment or decree under this chapter if the judgment or decree would not terminate the uncertainty or controversy giving rise to the action or proceeding in which the declaratory relief is sought. Effective Date: Appeals. Note: Citations are based on reference standards. However, formatting rules can vary widely between applications and fields of interest or study. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. Mar 25, · Ignoring a declaratory judgment would not place a defendant in contempt. Rather, if the defendant does what the declaratory judgment expressly frowns upon, the plaintiff would have to seek an injunction. And, more likely than not, the plaintiff would cite the declaratory judgment as evidence for likelihood of success on the merits.