Sentences with phrase «by the federal court under»

«We have always believed that the ultimate legality of our choice scholarship program would be decided by the federal courts under the United States Constitution,» Douglas County School Board President Kevin Larsen sad.

the determination of «separate questions» of fact or law by the Federal Court under Order 29 of the Federal Court Rules, and

Not exact matches

This was the first ruling by a federal court to confirm the CFTC's determination in 2015 that cryptos are commodities under the Commodity Exchange Act, that it can regulate them, and that it can pursue those it alleges to have engaged in fraud and manipulation schemes on crypto exchanges.

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

Federal prosecutors in Manhattan revealed in court papers Friday that Cohen, whose office and residences were raided by the FBI last week, has been under investigation for months.

Instead, the Supreme Court has made clear that federal agencies, acting under the authority granted to them by Congress, can regulate arbitration procedures to protect statutory rights.

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.

55 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application for leave to the Court.

The government says over time some actions have been taken by the communities under state pressure to end the discrimination but that federal authorities are seeking a court order to prevent future discrimination by the defendants.

Led by a California atheist who has tried to remove the phrase «under God» from the pledge of allegiance, a group of atheists filed suit in federal court Tuesday (Dec. 30) to block prayers and mentions of God at President - elect Barack Obama's inauguration on Jan 20.

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!!!!!!!

Like others who support the original understanding of the Constitution, I disagree with many of the Supreme Court's decisions under the establishment clause, but in our system of government a federal - district judge like Judge Jones is bound by those decisions.

«Right now the situation is in a holding pattern because the IRS has found its internal policies under fire by federal court ruling,» said senior policy analyst Rob Boston.

«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).»

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 Economic and Financial Crimes Commission, EFCC has reacted to «a story entitled, CJN, Okonjo - Iweala, Fayemi, Fayose, Others Under Probe - EFCC, which appeared in The Punch Newspaper of today Wednesday September 6, 2017 regarding a list of high profile persons, including the Chief Justice of Nigeria, Justice Walter Onnoghen, former Finance Minister, Ngozi Okonjo - Iweala, Minister of Solid Minerals Development, Kayode Fayemi and Justice Abdu Kafarati of the Federal High Court, who are said to be currently under investigation by the CommisUnder Probe - EFCC, which appeared in The Punch Newspaper of today Wednesday September 6, 2017 regarding a list of high profile persons, including the Chief Justice of Nigeria, Justice Walter Onnoghen, former Finance Minister, Ngozi Okonjo - Iweala, Minister of Solid Minerals Development, Kayode Fayemi and Justice Abdu Kafarati of the Federal High Court, who are said to be currently under investigation by the Commisunder investigation by the Commission.

Since Bolling v. Sharpe, a Supreme Court decisions that came out the same day as Brown v. Board of Education, the 5th amendment's Due Process clause has been interpreted by the courts to also imply a guarantee of equal protection under federal law.

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».

Nigerian government now seeks a court order compelling the two companies to pay into the Federal government of Nigeria account with the Central Bank of Nigeria, the sum of USD 406,751,070 being the total value of the missing revenue from the shortfall / undeclared / under - declared crude oil shipments of the country, made by the companies to United States of America.

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.

After initially planning to testify in a Manhattan federal court trial in which he's accused of pocketing $ 22,000 in bribes, the Bronx pol changed his playbook on Friday by opting to remain mum, claiming he was wrongfully under the impression that he was required by law to take the witness stand as a defendant.

The documents backing up the dismissal motions contended that the federal bribery law under which the men are charged was in effect declared unconstitutional by the U.S. Supreme Court last year when it overturned the bribery conviction of former Virginia Gov. Bob McDonnell.

The Nation initially brought a lawsuit against the state in 1999 but said it was ultimately rejected by a federal court because a state under the Constitution couldn't legally be sued.

FHC / S / 22C / 2014, between the Federal Government of Nigeria and Mohammed Bello, Abubakar Abdullahi Ahmed, Rose Gallery Nigeria Limited, Silver Spring Global Concept Limited and Sitex Multiservice Limited, has been under prosecution by the commission since 2014 before Justice R. M. Aikawa of the Federal High Court Sokoto, who was recently transferred to the Lagos Division of the Federal High Court.»

All three cases involved a common issue — a new definition by the Supreme Court requiring a formal exercise of government power rather than just a meeting or phone call to prove a quid pro quo bribery scheme under the federal law prohibiting «honest services fraud.»

Lobbyist Todd Howe, under scrutiny for his dealings with SUNY Poly, has signaled he wants a lawsuit filed against him by COR Development to move forward in federal court.

As expected former state Senate Majority Leader Joe Bruno's attorneys have filed an appeal of his January 2009 indictment on federal corruption charges, arguing in part that the theft of honest services statute under which he was convicted has been invalidated by the US Supreme Court.

; Patrick Akpolobolokemi, the former NIMASA Director - General was rough - handled and bundled into a van right in front of the court premises where a judge had just granted him bail; several persons are known to have been detained for periods far in excess of the constitutionally mandated 48 hours initially under spurious detention orders signed by magistrates courts in the Federal Capital Territtory!

But in her motion challenging the EFCC's ex parte application, Mrs. Jonathan, through her lawyers, argued that the EFCC's «Ex parte Originating Summons» was not one of the modes of commencement of action under Order 3, Rule 1 of the Federal High Court (Civil Procedure Rules) 2009, and that it was not known or provided for by any law or rules of cCourt (Civil Procedure Rules) 2009, and that it was not known or provided for by any law or rules of courtcourt.

«That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 15, 2014, at the Independent National Electoral Commission Headquarters, Abuja, within the jurisdiction of this Honourable Court, did utter a false document to wit: a Statutory Declaration of Age deposed to at the High Court of the Federal Capital Territory, Abuja, on December 15, 2014, by submitting same to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1 (2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.»

Justice Adeniyi Ademola of the Federal High Court also in Abuja had granted the ex-NSA bail on November 3 in the charges of unlawful possession of firearms but the bail was on November 4 scuttled by the SSS who instead of obeying court order laid siege on his Asokoro Residence and placed him under house arCourt also in Abuja had granted the ex-NSA bail on November 3 in the charges of unlawful possession of firearms but the bail was on November 4 scuttled by the SSS who instead of obeying court order laid siege on his Asokoro Residence and placed him under house arcourt order laid siege on his Asokoro Residence and placed him under house arrest.

Under the state's new map, drawn by a federal court, Obama would have won only 42 percent of the vote in the district in 2008.

Does this ruling by the Supreme Court put paid to the supposition even in Akwa Ibom that the nation's judiciary is under the President Muhammadu Buhari APC - led Federal Government?

«That you Mohammed Ahmed Katun while serving as an Assistant Director, Pension Department of the Office of Head of Service of the Federation on or about the 14th day of August, 2009 within the jurisdiction of this Honourable Court, obtained by false pretences and with intent to defraud various sums of money amounting in the aggregate to N24, 660,675.00 (Twenty Four Million, Six Hundred and Sixty Thousand, Six Hundred and Seventy Five Naira only) from the Federal Government of Nigeria through the Pension Account held by the Office of the Head of Service of the Federation of Nigeria through fraudulent payments described as collective allowances into your bank account maintained with Ecobank Nigeria Limited (former Oceanic International Bank Plc) and thereby committed an offence contrary to Section 1 (1)(a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.»

Any dispute arising under these Terms or in connection with your use of this Website shall be resolved exclusively by the state and / or federal courts of the State of Washington, King County and / or the Western District of Washington.

The law, known as the Gun - Free School Zones Act, was struck down last fall by the U.S. Court of Appeals for the Fifth Circuit, which said that Congress exceeded its authority under the commerce clause of the Constitution when it made gun possession near public or private schools a federal offense.

Since 1973, when the U.S. Supreme Court held that education was not a «fundamental interest» under the federal constitution, education advocates, frustrated by continuing inequities in the funding of public education, have turned to the state courts.

• Commitment to federal laws established by Supreme Court rulings: OCR's current reading of its authority under Title IX goes beyond the narrow interpretation adopted by the Supreme Court in two decisions that addressed the sexual harassment issue, even explicitly rejecting the rulings in guidelines issued under the Clinton administration.

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.

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

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.

If a policy of insurance has been or shall be effected by any person on his own life or upon the life of another person, the policyowner shall be entitled to any accelerated payments of the death benefit or accelerated payment of a special surrender value permitted under such policy as against the creditors, personal representatives, trustees in bankruptcy and receivers in state and federal courts of the policyowner.

These schedules will be used by the bankruptcy court to check against state and federal exemption laws which allows the filer to keep the unsecured assets listed under most circumstances.

Structured settlements are governed by both federal and state laws and must be closed under court order.

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.

Meanwhile, earlier this month, the Federal Court of Appeal agreed to hear an appeal by air passenger rights advocate Gabor Lukacs over whether the CTA has the jurisdiction to permit NewLeaf to operate without a licence, arguing that other companies that have operated under similar business models have been required to hold licences.

A lawyer appointed by the court to oversee her compliance says that, under New York's Pet Law, and even with the Federal entitlement to a companion animal for a person with a disability, she may, if she's lucky, be allowed to keep only one cat.

(a) an electronic or physical signature of the person authorized to act on your behalf; (b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled; (c) a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your address, telephone number, and email address; and (e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

«By exempting the Navy from basic safeguards under both federal and state law, the president is flouting the will of Congress, the decision of the California Coastal Commission and a ruling by the federal court.&raquBy exempting the Navy from basic safeguards under both federal and state law, the president is flouting the will of Congress, the decision of the California Coastal Commission and a ruling by the federal court.&raquby the federal court.»