Justice Ruth Bader Ginsberg in the court opinion wrote, «Maryland's regulatory program to encourage development of new in - state energy generation is preempted by the Federal Power Act, which vests in the Federal Energy Regulatory
Commission exclusive jurisdiction over interstate wholesale electricity rates.»
Take, for example, the Ontario Court of Appeal's decision in Wilder v. Ontario Securities
Commission rejecting arguments that the Law Society has
exclusive jurisdiction to regulate the professional conduct of lawyers and allowing the Ontario Securities
Commission to discipline lawyers in certain circumstances.
Roughly 15 years ago, in Wilder v. Ontario Securities
Commission, the Court of Appeal for Ontario rejected the proposition that LSUC had
exclusive and exhaustive
jurisdiction over the regulation of the professional conduct of lawyers.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned
commissions; vicarious liability; fraudulent practice;
jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has
jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using
exclusive right to sell listing agreement without mandatory definitions of «
exclusive right to sell» and «
exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a
commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher
commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned
commission and filing affidavit of entitlement for unearned
commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained