Sentences with phrase «court over the subject»

Not exact matches

Yet he remains the controlling shareholder of his two public companies, and in May, began taking the unexpected steps toward unseating Dauman that are now the subject of a raging court battle over his mental capacity.

On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the Commodity Futures Trading Commission's (CFTC) anti-fraud and anti-manipulation enforcement authority.1 Granting the CFTC's request for a preliminary injunction against the defendants who allegedly engaged in deception and fraud involving virtual currency spot markets, Judge Weinstein noted that «[u] ntil Congress clarifies the matter,» the CFTC has «concurrent authority» along with other state and federal administrative agencies and civil and criminal courts over transactions in virtual currency.2

As a lump - sum distribution, the PLOP is fully taxable, unless it is rolled over to a qualified plan or IRA and, like monthly benefits, may be subject to court orders, such as division of property orders and support withholding orders, if applicable.

One also has to question the editorial wisdom of allowing a biography of a famous Supreme Court justice to meander more than 450 pages before its subject even becomes a justice» a long walk through such dusty disputes as the Ballinger «Pinchot scandal and the 1890s battle over Boston's utility rates.

«Per the church autonomy doctrine, the courts lack subject matter jurisdiction over the matter.»

Former SUNY Polytechnic Institute leader Alain Kaloyeros has been cleared by a federal judge to travel all over the continental states, subject to the approval of the U.S. district court's pretrial services office.

But surprisingly in over two years that Sambo Dasuki has been unlawfully and illegal detained without any court order or warrant, he has been subjected to media trial, scandalized, criminalized, insulted and humiliated not through any court of justice but from the propaganda of the current administration through media trials of falsehood.

This has been preceded by a flurry of media headlines, subjecting him to an open - air political trial and a trial in the court of NPP public opinion supported with earlier pressure from some leading Members of New Patriotic Party (NPP) on Government, to commence prosecution of former NDC Government appointees including Dr. Stephen Kwabena Opuni for alleged acts of corruption for over a year now.»

[Box 26] AAAS and Congress, lobbying, 1959 - 1987 Congress, 1986 Arctic, 1981 Legislative Branch, 1981 - 1984 Executive Branch, pre-1985 OMB Circular, 1983 Science Policy: A Working Glossary, 1978 Science Policy Task Force Congressional Research Service, 1986 Environmental Protection Agency House Committee on Science and Technology, 1986 Office of Management and Budget Office of Science and Technology Policy, 1982 Office of Technology Assessment, 1980 Senate State Department (2 Folders) AAAS Science, Engineering, and Diplomacy Fellows, Lunch and Orientation, 1983 Tax Bills, 1981 Edwards vs Aguilard, Louisiana Creationist Suit, 1986 Edwards vs Aguilard, NAS amicus brief Edwards vs Aguilard, People for the American Way amicus brief Edwards vs Aguilard, Supreme Court arguments Hutchinson vs. Proxmire, amicus brief, 1978 Southeastern College vs. Frances Davis, amicus brief, 1979 State Department, 1976 - 1984 Human Subjects Research, 1979 Controversy over Inhaber Article in Science, 1979 Three Mile Island, 1979 Federal appropriations, universities and pork barrel projects

This was the first major court battle over evolution, and it brought attention to a formerly taboo subject.

The religious studies GCSE caused controversy last November, when three parents took the Department for Education (DfE) to court over the wording of a paragraph in the new subject content, claiming that it «gave unlawful priority to the teaching of religious views as compared to non-religious views, including those of humanism».

Because plaintiff failed to do so, the District Court lacked subject matter jurisdiction over her claims.

We hold that the District Court lacked subject matter jurisdiction over Polera's claims under the Americans with Disabilities Act («ADA»), 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, because she failed to exhaust her administrative remedies.

This Court has jurisdiction over the subject matter of this action and over the Settling Defendants.

This Court has subject matter jurisdiction over this action under Section 4 of the Sherman Act, 15 U.S.C. 4, and 28 U.S.C. 1331, 1337 (a), and 1345.

Courts typically come down on the side of employees in disputes over non-compete agreements, particularly if the agreement is not found to be reasonable — it subjects the employee to undue hardship or it exceeds the nature of protection an employer would justifiably be entitled to.

The piece was the subject of a State Supreme Court battle over public art on private property.

In these visionary landscape pictures, they depicted the great mountain - which towered above everything else - as a ruler watching over his subjects: an idealized theme taken up by later Song court painters, who transformed it into an emblem of a well ordered state.

Admittedly, the «official mark» regime, which is unique to Canada as was pointed out by the Court, has been subject to some criticism over the years, and courts have generally interpreted the relevant provisions with a view to ensuring that the rights are not unfairly overreaching.

The Barclays» concession to release documents followed another High Court victory for the SFO in January over a challenge by Colin McKenzie to the way in which it handles the identification of material potentially subject to LPP.

Jay - Z argued, among other things, that the federal court lacked subject matter jurisdiction over alleged violations of Egyptian «moral rights,» but in an opinion issued on May 2, 2011, U.S. Judge Christina Snyder disagreed.

The appellate court explained that if the City had sovereign immunity from suit, the lower court would not have subject matter jurisdiction over the case.

In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage».

[77] In summary, the Chinese Court had jurisdiction over the matter which is the subject of the foreign judgment, the foreign judgment is final and conclusive, and there is no valid defence.

The court went on about the parallel to jurisdiction over satellite broadcasts, which have been the subject of an EU directive.

As we'd expect from the above, when States enact alienage statutes, they're subject to strict scrutiny, and when those statues cross the line, the courts have found that State attempts to restrict resident or non-resident aliens encroach upon the federal government's exclusive control over entrance of aliens.

Our lawyers are experts in representing clients who are subject to restraint and confiscation proceedings and have advised in several of the leading cases shaping the law in this area over the past two decades, including a case taken to the Supreme Court.

Instead, the FDIC wanted the court to require Progressive to turn over all 565,000 documents identified through keyword searching, subject to a clawback.

In December 2014, the Investigatory Powers Tribunal — the UK court which has jurisdiction over GCHQ, MI5 and MI6 — ruled that these practices may in principle comply with the UK's human rights obligations, a finding that is the subject of this challenge.

While defamation law could be simplified and made more accessible for both claimants and defendants, I am suspicious why, as an area of law that gave rise to only 219 cases in the High Court last year, it has been subjected to quite so many reviews and amendments over the last two years.

While severance may be possible if the document deals with entirely different subject matters, where the document deals with only one subject matter the court may conclude that it is or appears dangerous or misleading to allow a party to deploy part of the document and assert privilege over the remainder.

The court also addressed the dispute over the arbitration clause in the agreement: «The correct reading is that the agreement continued but would be subject to whatever new, amended or additional terms were agreed on.

The long - running legal challenge over whether Prime Minister Theresa May has the power to start the country's withdrawal from the EU has finally come to an end, with the Supreme Court ruling that the process must be subject to a parliamentary vote.

In contrast, the Simpson court had authority to order transfer of the subject properties and it was inappropriate for the family court to modify equitable distribution when it had jurisdiction over the necessary parties to order the transfer.

The Court can not have personal jurisdiction over any defendant not falling under its subject matter jurisdiction.

The Class Action Fairness Act of 2005 (CAFA) greatly expanded the federal courts» jurisdiction over class actions by relaxing the requirements for federal subject matter jurisdiction.

Class action legislation does not confer subject - matter jurisdiction on the Superior Court over cases that would not normally fall within its reach, the court emphasCourt over cases that would not normally fall within its reach, the court emphascourt emphasized.

(5) The completion of any portion of a term during which a person serving as Small Claims Court Administrative Judge is over 64 years of age and under 75 years of age is subject to the annual approval of the Chief Justice of the Superior Court of Justice.

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 Clcourt because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal ClCourt of Federal Claims)

Arizona's constitution provides that judges for the Superior Court in counties with a population over 250,000 are selected via the state's merit / commission system and subject to retention elections.

In theory, they concentrate multiple lawsuits involving the same subject before one court, and the court helps the parties streamline the litigation by, for example, entering pretrial orders that apply in every case, rather than having many different courts address the same issues over and over again.

2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the «commercial activity» exclusion to the application of the Foreign Sovereign Immunities Act, thus permitting the federal courts to exercise subject matter jurisdiction over a matter.

An objection to jurisdiction on the ground of exemption from the process of the court in which the suit is brought, or the manner in which a defendant is brought into it, is waived by appearance and pleading to issue, but when the objection goes to the power of the court over the parties or the subject matter, the defendant need not, for he can not, give the plaintiff a better writ.

The Court found that section 77 of the Family Relations Act was inconsistent with section 20 of the Indian Act, which gives band councils (subject to the Minister's approval) control over allotments of reserve land (para 7).

As a denial of jurisdiction over the subject matter of a suit between parties within the realm, over which and whom the court has power to act, can not be successful in an English court of general jurisdiction, a motion like the present could not be sustained consistently with the principles of its constitution.

[o] ur opinions spend page after page revisiting out cases and those of the Supreme Court, and still we continue to disagree vigorously over what is or is not patentable subject matter Judge Plager

OPCA's frequently claim that they are subject only to «God's law» and that the court has no authority over them.

And ever since the Supreme Court's Markman ruling in 1996 finding that claim construction — the interpretation of the words of a patent claim — is a task given over to the judge, it has been more important than ever for judges to get a solid working knowledge of the subject matter of a case.

-- A Federal district court has original subject matter jurisdiction over matters involving citizens of different states and the amount in controversy exceeds $ 75,000.

The plaintiff here alleged that the Northern District had original jurisdiction based on 28 U.S.C. § 1332 (a)(2)-- the diversity of citizenship statute that vests Federal courts with jurisdiction over claims between «citizens of a State and citizens or subjects of a foreign state.»