Declaratory Relief. An order from a court sorting out the rights and legal obligations of the parties in the midst of an actual controversy. Diversity Jurisdiction – Federal courts’ right to hear lawsuits based upon non-federal claims; parties must be from different states and the amount in controversy over $50,000. Economic Espionage Act – A law making it a federal crime to steal a trade secret or to receive or possess trade secret information knowing that it is stolen. Evaluation Agreement – A contract in which one party promises to submit an idea and the other party promises to evaluate it. After the evaluation, the evaluator will either enter into an agreement to exploit the idea or promise not to use or disclose the idea. Fiduciary Relationship – When one person stands in a special relationship of trust, confidence or responsibility to another. Generally Known – Information is generally known if it has been published or publicly displayed or is commonly used within an industry. Improper Means – The illegal acquisition of trade secrets through theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. Inevitable Disclosure Doctrine – Under this court-made rule, adopted by only a few courts, a court can stop an ex-employee from working for a competitor if the former employer shows that the employee will “inevitably disclose” trade secrets of the former employer. Injunction – A court order requiring that a party halt a particular activity. A court can issue an injunction at the end of a trial (a permanent injunction) or immediately, rather than wait for a trial (a preliminary injunction). Two factors are used when a court determines whether to grant a preliminary injunction: (1) Is the plaintiff (the party bringing the lawsuit) likely to succeed in the lawsuit? and (2) Will the plaintiff suffer irreparable harm if the injunction is not granted? The plaintiff may seek a temporary restraining order, which lasts only a few days or weeks. A temporary restraining order may be granted without notice to the infringer if it appears that immediate damage will result-for example, that evidence will be destroyed. Jurisdiction – The authority of a court to hear a certain type of case. Know-How – A particular kind of technical knowledge that may not be confidential but that is needed to accomplish a task. License – A contract giving written permission to use an invention, creative work, trade secret o...
Declaratory Relief. Equitable Relief Settlement Class Members are entitled to the following declaratory relief:
Declaratory Relief. 2. For purposes of this Settlement Agreement, the “Settlement Class” is defined as follows: All current and former Washington employees of Xxx / Xxxxxx In Home Caregivers of Western Washington, LLC who signed a noncompetition covenant between January 1, 2020 and the date of preliminary approval and whose annual earnings were less than $100,000 in 2020, $101,390 in 2021, $107,301.04 in 2022, and/or $116,593.18 in 2023.
Declaratory Relief. Assignor acknowledges that damages alone would not be an adequate remedy for the breach of any of the provisions of this Assignment. Accordingly, in addition to any other rights and remedies it may have, Assignee shall be entitled to obtain declaratory relief from a court of competent jurisdiction preventing or restricting the use of the Work by Assignor, or any other breach of this Assignment. Name of Assignor and Title_______________________________________ Signature__________________________ Date ___________________ Name of Assignee and Title_______________________________________
Declaratory Relief. Authorized Affiliate Referral acknowledges and agrees that due to the unique nature of the Confidential Information, there can be no adequate remedy at law for any breach of your obligations under Section 7.1 above, that any such breach may allow you or third parties to unfairly compete with DIDITBETTER SOFTWARE resulting in irreparable harm to DIDITBETTER SOFTWARE, and, therefore, that upon any breach of Section 7.1 above, or any threat thereof, DIDITBETTER SOFTWARE shall be entitled to (a) specific performance and other injunctive relief without the necessity of posting a bond, in addition to whatever remedies it might have at law, and (b) be indemnified by you from any loss or harm, including, without limitation, attorney's fees, in connection with any breach or enforcement of your obligations hereunder or the unauthorized use or release of any such Confidential Information. Authorized Affiliate Referral will notify DIDITBETTER SOFTWARE in writing immediately upon the occurrence of any such unauthorized release or other such breach of which you are aware.
Declaratory Relief. Contractor acknowledges that damages alone would not be an adequate remedy for the breach of any of the provisions of this Agreement. Accordingly, in addition to any other rights and remedies it may have, [Name of Agency or Department] shall be entitled to obtain declaratory relief from a court of competent jurisdiction preventing or restricting the disclosure or use of the Work, or any other breach of this Agreement. [Name of Agency or Department] Date_________________________ By________________________________ [Contractor’s name] Date_________________________ By [Authorized Signature] ______________
Declaratory Relief. B. On September 10, 2020, Plaintiff served Special Interrogatory No. 1 to Defendant seeking production of identity and contact information for putative class members. On February 25, 2021, Defendant served objections and responses to that interrogatory.
Declaratory Relief. Recipient acknowledges that damages alone would not be an adequate remedy for the breach of any of the provisions of this Agreement. Accordingly, in addition to any other rights and remedies it may have, Owner shall be entitled to obtain declaratory relief from a court of competent jurisdiction preventing or restricting the disclosure or use of the Confidential Information, or any other breach of this Agreement. Recipient Name_______________________ Title____________________________ Signature____________________________ Date____________________________ [State Agency/Department] _______________________________________________ Owner Name_________________________ Title____________________________
Declaratory Relief. On November 21, 2022, Xx. Xxxxxxx moved to voluntarily dismiss his case, which the Court signed on November 22, 2022. The same day as the November 22, 2022, dismissal, counsel for Xx. Xxxxxxx filed similar claims on behalf of a new class representative, Xxxxx Xxxxx.
Declaratory Relief. St. Xxx Minerals Corporation v. Allianz Insurance Company, et al Orange County Superior Court, California Case No. 697526 (suit for coverage for superfund sites)
