declaratory judgment action

Jan 6, 2016

Real Property – Condo Assessments – Civil Practice – Declaratory Judgment Action – Collateral Estoppel – Implied Contract

Johnson v. Starboard Association, Inc. (Lawyers Weekly No. 011-010-16, 21 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: Since the Declaratory Judgment […]

Aug 30, 2012

Attorneys – Unauthorized Practice of Law – Civil Practice – Declaratory Judgment Action – Prepaid Legal Services Plan – Registration

LegalZoom.com, Inc. v. North Carolina State Bar One of plaintiff’s claims seeks a declaration as to what statutory powers the State Bar has when there has been no final court determination with regard to an alleged unauthorized practice of law. The complaint adequately states a claim for a declaratory judgment as to the scope of the State Bar’s powers. The State Bar’s motion to dism[...]

Nov 22, 2011

Domestic Relations – Parent & Child – Child Support – Civil Practice – Declaratory Judgment Action – Pennsylvania Separation Agreement — Standing

Preis v. Yoas Where a Pennsylvania court had already determined that the child support provision of the parties’ separation agreement was too vague to enforce, and where the defendant-mother was only attempting to enforce another Pennsylvania court’s subsequent child support order, the plaintiff-father failed to show that litigation over the separation agreement was imminent. We af[...]

May 13, 2011

Civil Practice – Subject Matter Jurisdiction – Declaratory Judgment Action – Administrative – Antitrust

North Carolina State Board of Dental Examiners v. Federal Trade Commission This court lacks jurisdiction to enjoin an ongoing administrative action. The issues that plaintiff attempts to raise before this court must be decided by the Fourth Circuit on appeal from a final agency action, if the administrative action goes against plaintiff.