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The OIG plays a key role in maintaining the integrity and accountability of America's postal service, its revenue and assets, and its employees. With more than $78 billion in revenue, the Postal Service is at the core of a nearly $1.6 trillion U.S. mailing industry that employs approximately 7.3 million people.
The OIG plays a key role in maintaining the integrity and accountability of America's postal service, its revenue and assets, and its employees. With more than $78 billion in revenue, the Postal Service is at the core of a nearly $1.6 trillion U.S. mailing industry that employs approximately 7.3 million people.
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It may sometimes be necessary to get a declaratory judgment to clear the air regarding policy-related issues. A party typically files a petition or complaint with the court to obtain a declaratory judgment, asking for a declaration or ruling on the specific legal issue in question.
An example of a declaratory judgment in an insurance situation may occur when a policyholder and an insurer disagree about whether a particular claim is covered under the insurance policy. For instance, suppose a homeowner files a claim with their insurance company for damages to their home caused by a storm.
A plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.
A declaratory judgment plaintiff does not need to allege actual infringement. It is sufficient, for standing purposes, to show that a party “has engaged in a course of conduct evidencing a definite intent and apparent ability to commence use of the mark.” See Starter Corp. v. Converse, Inc., 84 F.
They are generally requested when a lawsuit is threatened but before the lawsuit is actually filed, when a conflict might exist between a party's or parties' rights under law or under contract and as a way to prevent multiple lawsuits from the same plaintiff.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.