Sentences with phrase «exclusive federal jurisdiction»

Payment by credit card does not fall under the exclusive federal jurisdiction over bills of exchange, and as such, the application of the Québec Act to credit cards issued is consistent with the division of powers, and neither the interjurisdictional immunity nor the paramountcy doctrines apply.

With urging from the provinces, including Alberta and Saskatchewan, the Court decided that provincial laws can apply to Aboriginal title lands and Treaty rights, which up until then had been understood to be under exclusive federal jurisdiction.

Author, «Gunn v. Minton: Supreme Court Pokes Another Hole in Exclusive Federal Jurisdiction Over Patent Rights,» SSRN No, 2332879 and IPLS Proceedings, March 2013

Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law nationwide.

Recently, the Federal Circuit has signaled that nowithstanding the post-Gunn trend, exclusive federal jurisdiction may continue over many state - law claims with embedded patent issues.

Exclusive federal jurisdiction extends to state - law claims featuring «embedded» patent law issues.

Not exact matches

Either way, Syncrude argued, the federal renewable fuels regulation improperly trenched on matters falling under exclusive provincial jurisdiction.

The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims Miscellaneous Termination.

10.1 Any dispute relating in any way to your visit to a Nestlé Waters North America Inc. website or to products or services you purchase through a Nestlé Waters North America Inc. website shall be submitted to confidential arbitration in Stamford, Connecticut, except that, to the extent you have in any manner violated or threatened to violate Nestlé Waters North America Inc.'s intellectual property rights, Nestlé Waters North America Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut, and you consent to exclusive jurisdiction and venue in such courts.

The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims

A state has no jurisdiction over that area,» Eugeny Varshavsky, a former head of the Russian Federal Migration Service (FMS) Department for Legal Support, told Xinhua in an exclusive interview Tuesday.

President Buckman's party passes a law granting the federal government exclusive jurisdiction over, among other things, political murders.

(a) If Goods or Services are primarily being provided in the United States or any other location outside of Canada, any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located within Erie County, New York, U.S.A. and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Except as provided in Section 25 below, you irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco, California, for all disputes arising out of or related to your use of any of the Services.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Los Angeles, California.

By using this website, you consent to the exclusive jurisdiction of the state and federal courts in Montgomery County, Maryland in all disputes arising out of or relating to this agreement or this website.

By using this Site and / or providing us with your personal information, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than Indiana, and you agree to submit to the exclusive jurisdiction of the courts of the State of Indiana and the federal courts of Indiana.

Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement, including application and / or interpretation of the arbitration provision, or CRA's services shall be an appropriate state of federal court located in Laramie County in the state of Wyoming.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

Without limiting your right to file arbitration claims against Capital One Investing under FINRA Rule 12200 or its affiliates or successors, you consent to the personal jurisdiction and venue of the federal and state courts in King County, Washington for any court action or proceeding relating to your Account and you agree that all such claims by you against us or our affiliates or successors will be subject to the exclusive jurisdiction and venue of the federal and state courts in King County, State of Washington.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Any legal proceeding arising out or relating to this ToU against or relating to Undead Labs or any Related Parties will be subject to the exclusive jurisdiction of any state or federal court sitting in Seattle, Washington and you irrevocably consent to the jurisdiction of such courts.

These Terms shall be governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco, California, U.S.A. in all disputes arising out of or relating to the SFederal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco, California, U.S.A. in all disputes arising out of or relating to the Sfederal and state courts located in San Francisco, California, U.S.A. in all disputes arising out of or relating to the Service.

Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Saint Louis County, Missouri.

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.»

The parties consent to the exclusive jurisdiction of the state courts and the United States federal courts to resolve any dispute regarding this contract.

It held that there is nothing in the Constitution that confers exclusive jurisdiction on the Federal High Court to determine criminal causes and matters in respect of the civil matters for which exclusive jurisdiction is conferred by the Constitution under Section 251 (1).

But in any event a law providing that the province can dispose of standing timber on any lands in the province would under Tsilhqot» in be both valid and applicable (para 102) to aboriginal title lands because the Supreme Court no longer seems to care whether the power to dispose of resources on title lands is part of the core content of «lands reserved» within the exclusive jurisdiction of the federal government.

You acknowledge and agree that this terms of service agreement shall be governed by and construed in accordance with the internal laws of the State of Missouri, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Missouri.

Existing statutory limits on federal court jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum state).

Section 92 (10) of the Constitution Act (1867) grants the federal Parliament exclusive jurisdiction over interprovincial works and undertakings related to transportation or communication.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

Fair - use and the various forms of illegally obtaining / modifying content both fall under the exclusive subject - matter jurisdiction of federal courts.

The areas of federal and provincial jurisdiction are, by and large, intended to be mutually exclusive.

The appropriate state or federal court in [COUNTY], [STATE] will be the exclusive jurisdiction and venue for any dispute arising out of this Independent Contractor Agreement.

By Article 121, the UAE has exclusive legislative jurisdiction in relation to the regulation of the free financial zones and their establishment and the extent of their exclusion from the application of federal legislative provisions and by Article 151 the provisions of the Constitution are to prevail over the Constitutions of the member Emirates of the UAE and its federal laws are to prevail over the laws of the Emirates.

[110] The problem here, as in Tsilhqot» in, is not competing provincial and federal powers wherein interjurisdictional immunity would be invoked to carve out areas of exclusive jurisdiction.

Brott v United States 858 F3d 425 (6th Cir 2017)(Amici Curiae National Federation of Independent Business, Cato Institute and Southeastern Legal Foundation)(rejecting claim that property owners were entitled to jury trial in an Article III court because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal Claims)

The Federal laws of Canada and the Provincial laws of Ontario shall otherwise govern your use of the site where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Canadian Federal and Provincial court system.

Section 91 of the Canadian Constitution (the Constitution Act, 1867) gives the Parliament of Canada (i.e., the federal government) exclusive jurisdiction over «Indians and Lands reserved for the Indians».

Indeed, as we explain, the state courts also have the constitutional power and duty to afford such relief to federal prisoners, but Congress has the power to withdraw such cases from the state courts by giving the federal courts exclusive jurisdiction (even implicitly) over such claims.

He has litigated a broad range of issues, including Federal preemption; electrocution injuries; failure to warn and design defect; the admissibility of economic testimony; price - fixing and essential facilities; groundwater contamination; primary and exclusive administrative jurisdiction; alleged asbestos exposure; the extraterritorial application of Federal and state law, and the certification and decertification of consumer class actions.

In a recent essay in the Toronto Globe & Mail, Prof. Dwight Newman of the University of Saskatchewan argues that, like the transcontinental railways of the 19th century, these pipelines are projects of nation importance within the federal government's exclusive jurisdiction.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

(That's because the Federal Circuit has exclusive jurisdiction over patent appeals but, in this case, Posner decided to sit as a lower court judge to hear the case.)

You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of the Services.

You and Digital Trends also agree that the state or federal courts in Multnomah County, Oregon have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.