Sentences with phrase «by a federal court not»

A New York raw milk cheese company, Vulto Creamery LLC (Walton, N.Y.), whose products were linked to a multi-state outbreak of Listeria monocytogenes, has been ordered by a federal court not to manufacture its ready - to - eat aged soft, semi-soft and hard...

Not exact matches

«This is not a policy we support, and I would note that it has already been challenged in federal court, and some of the order has been enjoined at least temporarily,» Blankfein said, according to a transcript seen by Reuters.

Some would be directly affected by the policy, which the government can't enforce because of federal appeals court rulings against it.

The number of such states would be even higher, according to the Constitutional Accountability Center, if not for important rulings by three federal appeals courts.

On Sunday, a federal court rejected a request by the Standing Rock Sioux Tribe to halt construction of the Dakota Access pipeline but said that ruling was «not the final word,» as a necessary easement still needed government approval.

The federal appeals court in New York ruled that Aereo did not violate the copyrights of broadcasters with its service, but a similar service has been blocked by judges in Los Angeles and Washington, D.C.

With the president's party controlling the Senate by just one seat and the Senate holding not only the power to pass or block legislation, but also to confirm nominees to federal positions, including the Supreme Court, the race in Arizona to replace the departing Sen. Jeff Flake is one of several to watch this fall.

But once they file you can't legally evict them, there is a stay on the county court by the federal court.

Not one executive of any major Wall Street firm that caused the financial crash in 2008 through fraudulent activities was prosecuted by the U.S. Justice Department — which was headed at the time by law partners from Covington & Burling — the Big Tobacco law firm that was singled out in a Federal Court decision for hiding the deadly effects of cigarette smoke for decades.

While Jesner suggests that five justices likely would rule that the federal courts should not recognize an ATS cause of action against American corporations for their overseas activities, several federal appeals courts have exhibited little willingness to limit the scope of ATS liability unless directly ordered to do so by the Supreme Court.

Canada's Federal Court could be given greater powers to combat unacceptable behaviour by domestic and foreign «patent trolls» — companies that do not make or sell a product but sue other companies for patent infringement based on existing patent rights the troll has secured.

Accordingly, notwithstanding receipt by HP Co. of the IRS private letter ruling and the tax opinions referred to above, there can be no assurance that the IRS will not assert that the distribution and / or certain related transactions do not qualify for tax - free treatment for U.S. federal income tax purposes or that a court would not sustain such a challenge.

A federal court on Thursday upheld the Labor Department's Fiduciary rule, in defiance of a Trump executive order signed on Feb. 3, which sought rescinding the rule enacted by his predecessor The executive order, though not taking effect immediately, sought the Labor Department to review options...

On 6 August 2013, Federal Judge Amos Mazzant of the Eastern District of Texas of the Fifth Circuit ruled that bitcoins are «a currency or a form of money» (specifically securities as defined by Federal Securities Laws), and as such were subject to the court's jurisdiction, [274][274] and Germany's Finance Ministry subsumed bitcoins under the term «unit of account» — a financial instrument — though not as e-money or a functional currency, a classification nonetheless having legal and tax implications.

As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.&rcourt stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.&rCourt: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»

ID was never dominant, has been thoroughly debunked, and was ruled not science by a federal court in Kitzmiller v. Dover PA School Board.

Federal Courts determined that the Mormon Church is not the original Church led by Joseph Smith as the decision over ownership of the only surviving Church from Joseph Smith's life, Kirkland Temple in Ohio; the Federal Court rejected the Mormon Church's claim of ownership.

Wilson referenced the Religious Freedom Restoration Act (RFRA), which was determined by a Supreme Court decision to apply only to the federal government, and not to state or local municipalities (which must pass their own).

even if he didn't quite mean it: In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president's bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the....

Let us, therefore, speak plainly: The courts, sometimes abetted by, and almost always acquiesced in, federal and state executives and legislators, have imposed upon the nation immoral policies that pro-life Americans can not, in conscience, accept.

Of the «alphabet soup» of federal agencies initiated by Roosevelt, not all found equal favor with the publication; it was, for instance, doubtful about the National Recovery Administration long before the Supreme Court pronounced that agency s death sentence (even so, it carried the NRA eagle sign on its second page for many months).

If the branches of the federal government are truly coequal, if the President and Congress are not subordinated to the Court by the Constitution (except insofar as the Court might declare them to be), then the theme of «judicial restraint» that runs wistfully through your symposium is less an appeal for the impossible than a misconstrual of the problem.

It's a little too late for praying, it's Mrs.Clinton's call to be @ the helm; now, with her hubby Mr.Clinton as VP; and one of you out of all of you, need to tell Romney he's committed fraud, for leaving the Post of so - called gov.that theirs a 2 yr.interval that must be met; the same fo Obama; whom is worst off then Bush Jr.then for none of you to have no Allegiance to be nothing but commander of thieves, since April 4th, 1968 to presently; in the killing of Dr.King Jr.must still go under Oath to all you perjurers; that mustn't go unpunished to the array of charges I have stored up against each of yo on every job, on every public premise; that Obama didn't praywhen he lied to GOD ALMIGHTY in perjury; to have left the seat of sen.to jump to the office; knowing he hadn't a clue what to do; so he got Joe, which is Cheney all over; whom should of been out of public; and he knows that and all the fugitives, even in the Italian led court in DC; that will have to answer to what is -LCB- H.R. 7152 -RCB-; and why they let Olsen for Bush Jr.waste the American's People's time, not to mention all the lives that's been lost; for the tyrannies since 1968 to presently has cost; Vote I, Edward Baltimore; to confirm I; Governor of DC; as of 2/16/12; cause DC; has been a State, already; and all you slaves from State to State; need to snap out of your peonage which is prohibited by Federal Laws; on anybody!!!!!!!

This patently self - serving argument imposes, in violation of Article VI of the Constitution, what is in effect a «religious test» that would keep off federal courts not only Catholics but Jews, Muslims, Baptists, and anyone else who adheres to a tradition of moral truth that is sustained by communities that are labeled «religious.»

The Los Angeles Times: Scientology did not violate forced labor law, appeals court rules Scientology did not violate a labor law by failing to pay for the work of two former members of the church's Sea Organization - a wing that restricts participants» outside communications, marriage and children, censors mail and monitors phone calls - a federal appeals court said Tuesday.

The Court has repeatedly said that its function is not to judge the wisdom or the policy of laws, but only to judge whether or not they are exercises of powers granted to the federal government by the Constitution or denied by it to the states.

«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 public benefit test was recently considered, albeit not in a media merger context, by the Full Federal Court in ACCC v Australian Competition Tribunal [2017] FCAFC 150 (Tabcorp) where the Court applied a broad concept of public benefit consistent with the Fairfax decision in New Zealand:

EQUAL OPPORTUNITY EMPLOYER The Windsor Court Hotel is an equal opportunity employer and does not discriminate against associates or job applicants on the basis of race, religion, color, sex, age, national origin, handicap, veteran status, or any other condition protected by applicable state or federal laws, except where a bona fide occupational qualification applies.

Detailed reasons will be released tomorrow, but they will include findings that the acquisition «On the other hand, I consider that it is quite likely that the acquisition of Franklins by Metcash will strengthen the capacity of independent retailers operating under the IGA banner to compete more vigorously with the major supermarket chains» (see Elizabeth Sexton, «Court clears path for Metcash to buy Franklins», SMH, 25 August 2011 and John Durie, «Federal Court frees Metcash to buy Franklins from Pick n Pay» (The Australian, 25 August 2011)-RRB-.

The Court does not discriminate on the basis of race, gender, religion, age, physical or mental disability, marital status, national origin, citizenship, veterans status, sexual orientation, gender perception, or any other basis prohibited by applicable federal, state or local law.

10 September — ACCC alleges RPM against SKINS The ACCC has instituted proceedings in the Federal Court against Skins Compression Garments Pty Ltd alleging, amongst other things, that Skins engaged in RPM by inducing and attempting to induce a sporting retailer in Melbourne not to advertise a 20 % discount off the RRP of the goods and that Skins withheld supply to the retailer because they did advertise the 20 % discount.

The High Court had granted the Commonwealth of Australia special leave to appeal the decision in Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015), in which the Full Federal Court concluded that they should not have any regard to the figures agreed by the parties in relation to penalties.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

This has historically been interpreted by the courts to not allow the federal government to obligate local government to enforce federal laws and regulations.

He added that: «On the 8th of May, 2018, the Inspector General of Police sent a letter to the President of the Senate, Federal Republic of Nigeria signed by the Commissioner of Police, Legal and Prosecution Department, explaining why he would not be appearing before the Senate on the 9th of May, 2018 due to legal restraint as a result of pending cases before the courts filed: (i) by Senator Dino Melaye against the IGP and the Nigeria Police Force in the High Court of the Federal Capital Territory, Abuja in suit No.

The order will unseal just the narrative statements written by cops on the more than 850,000 dismissed summonses — and not identifying information about the person it was issued to or the cop involved, which will be redacted, according to the ruling by Manhattan federal court Judge Robert Sweet.

Even though the president's executive order on the travel ban has been stayed by the federal appeals court, Ryan said the flow of people settling in New York has not resumed in full, and the future is very uncertain.

Cuomo can't avoid getting tainted by the Manhattan federal court trial because «they are going to be talking about actions taken while Mr. Percoco was employed by the campaign and in state government,» said Albany Law School professor Christine Chung.

Crains Insider: On Wednesday, court papers revealed that Queens state Sen. Jose Peralta was one of nine people secretly taped by Queens state Sen. Shirley Huntley — eight of whom, according to federal prosecutors, are under investigation, though not accused of wrongdoing.

But political hopeful Philip Pidot is pressing for a new primary in federal court after a state court judge ruled he was eligible to run as a Republican ballot but there was not enough time to get Pidot's name on the primary ballot by last Tuesday.

The new law represented a shift by the governor, who, in a 2015 interview, said that Citizens United could be addressed only by federal court or congressional actions, not states».

I would clarify, though, that most of the details of the working of the Supreme Court are not set by the Constitution — which establishes SCOTUS and broadly defines its role — but by federal statute.

The High Court of Australia has held that the Full Court of the Federal Court of Australia, in deciding not to declare the Hamersley and Robe rail lines, wrongly endorsed consideration by the Australian Competition Tribunal of material it was not entitled to take into account.

Interestingly enough, because in the US you have the right to appeal to a higher court if you don't like the decision of a lower court, many times states will find very popular gun control bills struck down by a Federal court who tells them that in the pure legal sense, their gun control laws are unconstitutional.

In court papers filed last month, the federal Department of Interior made it clear it is not bound by any provisions of the casino deal.

«I have no personal relationship with Kanu but I have been consistent in drawing attention of Nigerians to the trend of not regarding court orders and rulings by the present Federal Government.

The panel charged with redrawing the Albany County political map struck down by a federal judge last week will meet Tuesday for the first time — two weeks before a court - ordered deadline to draft new lines that don't dilute minority voting power.

March 16, 2018 has been fixed by a Federal High Court Abuja for ruling on whether the governor have not been registered in Kogi state is fit to be governor.

Granholm did not hold back, however, about whether Obama should be looking at candidates who are not currently sitting federal judges — a suggestion made often by Senate Judiciary Chairman Patrick Leahy, D - Vermont, whose committee holds hearings on Supreme Court nominees.