Sentences with phrase «brought under federal law»

Also, in general, keep in mind that with some very narrow exceptions (e.g. patent and copyright cases), every case that can be brought under federal law in federal court may be brought in state court as well.
The district court dismissed the case, stating that it could only be brought under federal law.

Not exact matches

Last year, the New York - based 2nd U.S. Circuit Court of Appeals disagreed, finding that the DMCA applied to infringement claims brought under federal and state law, including oldies songs.
Armstrong's former teammate, Floyd Landis, originally brought the lawsuit in 2010 under a federal law, the False Claims Act, that lets whistle - blowers pursue fraud cases on behalf of the government, and obtain rewards if successful.
Maksim Zaslavskiy contends the currencies did not qualify as securities under federal law and so the Department of Justice lacked jurisdiction to bring the charges.
It would also be helpful if the federal government would bring back tough on crime laws implemented by the federal conservatives under the leadership of Stephen Harper.
«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).»
Under federal law children are protected from food allergens that can bring on severe or life threatening reaction under the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) 2 (Public Law 108 - 282) which requires the labeling of allergens on manufactured food prodUnder federal law children are protected from food allergens that can bring on severe or life threatening reaction under the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) 2 (Public Law 108 - 282) which requires the labeling of allergens on manufactured food produclaw children are protected from food allergens that can bring on severe or life threatening reaction under the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) 2 (Public Law 108 - 282) which requires the labeling of allergens on manufactured food produnder the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) 2 (Public Law 108 - 282) which requires the labeling of allergens on manufactured food producLaw 108 - 282) which requires the labeling of allergens on manufactured food products.
In addition to a federal investigation into whether Campaign for One New York donors, many of whom had business before the city, received anything for their donation, authorities are also examining whether de Blasio's unsuccessful bid to bring the state Senate under Democratic control in 2014 violated campaign finance and election laws.
The attorney general's office records do not break down the cases by specific categories of offense because they are all related to harassment, discrimination and abuse based on gender and all were brought under the same federal civil rights law.
Ahead of the Nov. 8 election, when every seat in the Legislature is up for grabs, the Senate Democrats have found themselves linked to state and federal investigations examining whether New York City Mayor Bill de Blasio and his allies violated laws as part of an unsuccessful effort in 2014 to bring the chamber under Democratic control.
Although under some laws HBO may have a right to an award of attorneys» fees and expenses if it prevails in an arbitration, HBO agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)-RRB-.
In 1994, Congress passed the Gun - Free Schools Act, which requires that each state receiving federal funds under the Elementary and Secondary Education Act must enact a state law that requires all school districts to expel from school for least one year any student found bringing a gun to school.
This report, «An Evidence - Based Approach to School Finance Adequacy in Washington,» claims to present scientific evidence of exactly what needs to be done to bring every child to proficiency as defined under state and federal law.
The Department of Transportation Act (Public Law 89 - 670) brought 31 previously scattered Federal elements under the wing of one Cabinet Department.
A Florida federal court has ruled that a GMC dealership has standing under the state's franchise law to bring suit against General Motors for forcing the dealership's sale by den... Read more
Plaintiffs bring claims under federal and state antitrust laws to enjoin the illegal conduct and to obtain damages.»
then you are entitled to bring an application before a court seeking a «court - ordered discharge» pursuant to a «hardship provision» under federal bankruptcy law
If you file for personal bankruptcy more than five years after the date of the «end of your education» then you are entitled to bring an application before a court seeking a «court - ordered discharge» pursuant to a «hardship provision» under federal bankruptcy law
George L. Beck, Jr., U.S. Attorney for the Middle District of Alabama, and the Humane Society of the United States are raising public awareness of the newly enacted federal animal fighting law that makes it a felony to knowingly bring a child under the age of 16 to an animal fight and a misdemeanor to knowingly attend an animal fight.
The Humane Society of the United States asks the Federal Trade Commission to bring enforcement action under federal consumer protection laws against 17 retailers for false advertising of fur gaFederal Trade Commission to bring enforcement action under federal consumer protection laws against 17 retailers for false advertising of fur gafederal consumer protection laws against 17 retailers for false advertising of fur garments.
Under current federal law, it is a felony crime to sponsor or exhibit an animal in a fighting venture; to buy, sell, deliver, possess, train or transport an animal for fighting purposes; to use the Postal Service or other interstate means to promote animal fighting; to buy, sell, deliver or transport cockfighting implements; and to bring a minor to an animal fight.
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.
Although this case was brought under the Federal legislation, the Canadian Human Rights Act (the «Act»), the principles of law are transferrable to the individual provincial human rights contexts, including Ontario, and this case should be viewed as the leading authority on the protected ground of family status with respect to child care obligations.
The legal team at Bick Law has a wealth of experience protecting companies against «citizen suits» brought under state and federal environmental laws.
Laura McNally defends clients in class and individual actions brought under federal securities law, challenges to mergers and acquisitions, derivative suits, and appraisals.
Successfully represented private insurance brokerage agency in defense of a wage and hour action brought by a broker under federal and state law.
In Altria Group v. Good, the court said that federal law does not preempt smokers from bringing lawsuits under Maine law alleging deceptive marketing of light cigarettes as healthier.
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.
The firm routinely defends employers against all types of employment law claims, including those brought under Title VII, the Americans with Disabilities Act, ADEA, FMLA, FLSA, wage claims, as well as all other federal, state and local laws.
As part of her practice in employment and labor, civil rights, and directors and officers (D&O) liability, Tina has successfully represented many clients in claims brought under federal, state, and local laws governing fair - employment practices, including Title VII, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), employment discrimination, sexual harassment, wrongful discharge, breach of contract, negligent hiring, and defamation.
Most significantly for employers, the RCMP has brought in a new requirement that applicants declare all convictions for offences under federal law.
Andrew Miller joined Baron & Budd's Washington, D.C. office in 2018, where he focuses on bringing fraud and abuse litigation throughout the United States under such statutes as the federal False Claims Act, state False Claims Acts, the Anti-Kickback Statute and the Stark Law.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
On March 7, the Supreme Court decided Skinner v. Switzer and held that death - row inmate Henry Skinner may bring a claim in federal court under civil rights law 42 U.S.C. -LSB-...]
Cases involving Medicare fraud, defense contractor fraud and other types of fraud against the federal government and states brought under the False Claims Act and similar state whistleblower laws.
In private practice, Tom represented clients in a wide range of federal civil and criminal litigation brought under federal environmental laws, including the Clean Air Act, Clean Water Act, the Resource Conservation and Recovery Act, while also representing clients in the environmental review and permitting for major energy and railroad infrastructure projects.
We have substantial experience in representing employers in lawsuits filed by these agencies, and we have successfully defended clients in individual and class action lawsuits and class actions brought under federal and state discrimination laws.
With attorneys licensed to practice in federal court, we can try international child custody and family law cases brought under the Hague Convention, anywhere in the U.S..
She has experience defending employers in all types of employment litigation matters, including those brought under Title VII, the Americans with Disabilities Act, the Pregnancy Discrimination Act, ADEA, FMLA, FLSA and all other federal, state, and local laws.
The plaintiff brought claims for overtime under the Federal Fair Labor Standards Act and joined companion state law claims for breach of contract, quantum meruit and tortious interference with contract.
But if an accident happens on navigable waters, and the plaintiff brings a claim under federal maritime law, a Louisiana jury can award punitive damages, and Louisiana courts then must decide the full...
Tomorrow, the U.S. Supreme Court hears an incredibly important case called Kiobel v. Royal Dutch Petroleum, stemming from a federal lawsuit brought under the Alien Tort statute, a remarkable federal law that allows people from countries outside the United States to sue foreign individuals and multinational corporations that commit human rights violations abroad - like torture, crimes against humanity, war crimes, genocide, disappearances, summary execution, that kind of thing.
These days, since there is now a right to appeal a criminal conviction under state law or federal statute (but not the U.S. Constitution), a writ of habeas corpus is only brought when direct appeals of a conviction have been exhausted, often several years after the original conviction (which makes a writ of habeas corpus only useful for convictions involving long sentences of incarceration).
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.
In this appeal, the high court made it easier to bring private civil lawsuits under the Racketeer Influenced and Corrupt Organizations Act, a federal law passed to combat organized crime.
As a former prosecutor, Ms. Doolittle brings special expertise to, and spends a significant amount of time, defending corporations, officers and directors in parallel civil and criminal matters, including under the federal securities laws, the False Claims Act, and the FCPA.
On issues such as the content of the record on judicial review applications, the extent to which administrative decision - makers can participate in judicial reviews of their decisions, superior court review of federal prison decisions and tribunals» capacity to reconsider their decisions, Canadian courts have recently come under pressure to update the procedural law to bring it into line with the substantive law.
This would not qualify as retaliatory firing under federal law unless you were fired for asserting your right as a protected individual (e.g. bringing complaint that you were discriminated because of age, race, religion, etc.).
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