Sentences with phrase «arise under federal law»

By granting review of its third case in two years involving the Individuals with Disabilities Education Act, the U.S. Supreme Court has signaled a renewed interest in resolving legal conflicts arising under the federal law that governs services provided to nearly 6.7 million schoolchildren in special education.

The case can not be removed to federal court, even though it arises under federal law.

As a general rule, a claim arising under a federal law can be filed in federal court without first filing in state court.

If a claim arising under federal law is brought by a plaintiff in state court, and if the U.S. District Court would have jurisdiction over the claim if it were brought initially in the U.S. District Court (because, e.g., the defendant is not a state government), then a defendant in the state court case can remove the case to federal court.

But, if a defendant brings a counterclaim arising under federal law in state court, the case can not be removed to federal court.

Many other substantive law issues arising under federal law are also considered in state court (e.g. the effect of a bankruptcy discharge in a state law debt collection action).

Not exact matches

Except as required under federal securities laws and the rules and regulations of the Securities and Exchange Commission, we will not undertake and specifically decline any obligation to publicly update or revise any forward - looking statements to reflect events or circumstances arising after the date of this press release, whether as a result of new information, future events or otherwise.

This discussion also does not address any tax consequences arising under the unearned Medicare contribution tax pursuant to the Health Care and Education Reconciliation Act of 2010, nor does it address any tax considerations under state, local or foreign laws or U.S. federal laws other than those pertaining to the U.S. federal income tax.

«A restaurant or similar retail food establishment shall not be liable in any civil action in Federal or State court (other than an action brought by the United States or a State) for any claims arising out of an alleged violation of this clause or any State law permitted under section 403A (a)(4).»

The issue arises fairly often for school administrators and other government officials sued under the federal Civil Rights Act of 1871, a Reconstruction - era law that is frequently the basis for suits alleging that government officials have deprived someone of...

the number of Federal court cases arising under the respective areas of law cited in the No FEAR Act where discrimination was alleged;

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.

The Federal Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh Circuit.

Laura focuses her practice on civil litigation and regulatory investigations under the federal securities laws as well as state law claims arising from corporate transactions, such as suits seeking to enjoin mergers and acquisitions and appraisals.

For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration; collective - bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.

His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort docFederal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort docfederal criminal laws, environmental laws, or tort doctrines.

This authority arises under state common law, rather than federal law, so the relevant legal authority would differ from state to state, but would be present in almost every state.

Among other areas, our litigation experience in the environmental area includes governmental and private - party actions under CERCLA (including serving as lead counsel for PRP groups at major Superfund sites throughout the United States), citizen suits under RCRA, the Clean Water Act and other environmental laws, claims for property damage and personal injury arising from industrial emissions or environmental contamination, and defending clients against state and federal governmental enforcement actions.

Seventh Circuit Rule 52 allows the U.S. Court of Appeals for the Seventh Circuit, when faced with «questions arising under the laws of [a] state which will control the outcome of a case pending in the federal court» to «certify such a question to the state court in accordance with the rules of that court» and to «stay the case... to await the state court's decision.»

We also represent industry clients in toxic tort actions, citizens suits and government agency enforcement actions arising under local, state and federal laws.

Timeliness is very important when it comes to legal matters, especially those arising under state or federal employment laws.

Jason has represented several clients in class litigation matters arising under federal and state wage and hour laws, and has lectured and conducted training on the FLSA.

We represent businesses in toxic tort and common law actions, white collar crimes, CEQA actions, Proposition 65 actions, CERCLA and state Superfund cost recovery and contribution actions, as well as government agency enforcement actions arising under CERCLA, RCRA, CWA, CAA, and other federal, state, regional and local laws.

Ms. Hamilton has substantial experience defending against claims arising under the California Fair Employment and Housing Act, the Age Discrimination in Employment Act, the California Labor Code, and state, federal and local wage and hour laws.

She has been with NLRG since 1990 and specializes in Bankruptcy, Creditors» Rights, Commercial Contracts, Church Law, and other issues involving commercial litigation and consumer protection issues, including issues arising under the U.C.C., Carmack Amendment disputes, employment contract disputes, and issues arising under federal and state consumer protection statutes.

Although today most real estate laws are based upon federal and state statutes, there are still cases in which there are unique issues which arise that require judges and lawyers to follow the decisions of judges which were established under the common law system.

During her career in private practice, she represented employers in a wide range of employment matters, including claims arising under Title VII of the Civil Rights Act of 1964, the Florida Civil Rights Act, and various other federal, state, and local laws.

We advise on questions that arise under state «Blue Sky» laws, the Commodity Exchange Act, and all federal securities laws.

28 US Code § 1331 states that federal question jurisdiction means that the court may hear matters arising under the Constitution, federal law or treaty.

Under federal law, Medicare has a right to recover any payments it made for medical treatment that arose from the personal injury accident.

Mr. Hupfl has assisted public and private employers in effectively addressing a broad range of issues arising from the employment relationship, including issues arising under federal and state employment laws and regulations and employment agreements.

If a conflict arises, the covered entity should evaluate the specific potential conflicting provisions under the implied repeal analysis set forth in the «Relationship to Other Federal Laws» discussion in the preamble.

A number of general common law cases arising under diversity jurisdiction will also form part of a federal judge's docket.

We advise registered representatives and companies on FINRA conduct rules, including broker check disputes and Form U4 / U5 issues; defend companies and individuals in FINRA regulatory investigations and enforcement proceedings; represent companies and individuals in industry and customer disputes in the FINRA forum; and litigate cases arising under federal and state securities laws.

Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the province of Alberta any and all claims, judgments and awards shall be limited to actual out - of - pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys» fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out - of - pocket expenses, and any and all rights to have damages multiplied or otherwise increased.