Sentences with phrase «federal court jurisdiction over»

Federal court jurisdiction over contracts involving Indian tribes is limited.

The new legislation expands federal court jurisdiction over class actions, and requires close court supervision of settlements, say co - editors / attorneys Anthony Rollo and Hunter Twiford.

Not exact matches

Flaherty asked the court to rule that the federal government can take this step under its constitutional jurisdiction over trade and commerce.

While Trudeau, Notley and other Kinder Morgan cheerleaders cite the Constitution for their claim that B.C. has no jurisdiction over interprovincial pipelines, Canadian courts have been much less categorical about paramountcy (the doctrine that federal law automatically prevails when there is a conflict between provincial and federal laws).

The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims Miscellaneous Termination.

The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims

She countersued in Manhattan federal court, but a judge ruled the United States did not have jurisdiction over an English court's decision, which prompted Lancman's bill.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Integrative Health Care, P.C. products) shall be in the state or federal courts located in Maricopa County, Arizona.

You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Activation Products products) shall be in the state or federal courts located in Los Angeles County, California.

A federal judge has rejected a request by the Cleveland Board of Education to declare the district «unitary,» or desegregated, and end court jurisdiction over it.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

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.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Justice Ruth Bader Ginsberg in the court opinion wrote, «Maryland's regulatory program to encourage development of new in - state energy generation is preempted by the Federal Power Act, which vests in the Federal Energy Regulatory Commission exclusive jurisdiction over interstate wholesale electricity rates.»

J. Craig Williams sounds disappointed that the 9th U.S. Circuit Court of Appeals has declined to answer whether federal courts have jurisdiction over out - of - state Internet retailers.

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.

«It looks like Congress has taken what I think is the unprecedented and rather bizarre step of expanding the jurisdiction of the federal courts to allow a particular District Court to take jurisdiction over a single case, that of Terri Schiavo.

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

There's a split over whether federal courts exercising bankruptcy jurisdiction should apply federal choice - of - law principles or the choice - of - law principles of the forum state.

The Federal Court, in contrast is purely a statutory creation (see the Federal Courts Act) and only has jurisdiction over specific areas as provided in statute.

All too often lawyers mistakenly assume that the federal courts have jurisdiction over Indian matters only to have the case dismissed.

[2] Prior to Gunn, state and federal courts applying this test frequently applied federal jurisdiction over state - law claims with embedded patent issues, including breach of contract claims involving patent licenses, defamation, and legal malpractice claims.

The Act permits federal courts to preside over certain class actions in diversity jurisdiction where the aggregate amount in controversy exceeds $ 5 million; where the class comprises at least 100 plaintiffs; and where there is at least «minimal diversity» between the parties (i.e., at least one plaintiff class member is diverse from at least one defendant).

When making initial disclosures in federal court (or state court, if your jurisdiction requires them), it's sometimes easiest to just tell opposing counsel all the files you have without sending over a mountain of paper.

A bill being debated by the Senate Judiciary Committee that would transfer jurisdiction over appeals of deportation orders from the regional court of appeals to the Court of Appeals for the Federal Circuit has ignited cries of protests from patent lawyers.&rcourt of appeals to the Court of Appeals for the Federal Circuit has ignited cries of protests from patent lawyers.&rCourt of Appeals for the Federal Circuit has ignited cries of protests from patent lawyers.»

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law natifederal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law natiFederal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law nationwide.

District court: A court of the federal government or of a state, having jurisdiction over a particular geographic area.

The case law indicates that the merging of the Small Claims Court into the Ontario Court (General Division) in the 1990s did not invest the provincially appointed court with s. 96 powers (Domtar Commercial Roofing and Insulation v. Exeter Roofing & Sheet Metal Co., 1993 CanLII 5563 (ON SC)-RRB-, and it is likely that only federal legislation could do so since s. 96 courts had jurisdiction over copyright matters in Court into the Ontario Court (General Division) in the 1990s did not invest the provincially appointed court with s. 96 powers (Domtar Commercial Roofing and Insulation v. Exeter Roofing & Sheet Metal Co., 1993 CanLII 5563 (ON SC)-RRB-, and it is likely that only federal legislation could do so since s. 96 courts had jurisdiction over copyright matters in Court (General Division) in the 1990s did not invest the provincially appointed court with s. 96 powers (Domtar Commercial Roofing and Insulation v. Exeter Roofing & Sheet Metal Co., 1993 CanLII 5563 (ON SC)-RRB-, and it is likely that only federal legislation could do so since s. 96 courts had jurisdiction over copyright matters in court with s. 96 powers (Domtar Commercial Roofing and Insulation v. Exeter Roofing & Sheet Metal Co., 1993 CanLII 5563 (ON SC)-RRB-, and it is likely that only federal legislation could do so since s. 96 courts had jurisdiction over copyright matters in 1867.

The Supreme Court overturned the decision, holding that the provision relating to maternity benefits represents a valid exercise of the federal jurisdiction over unemployment insurance.

A new team of lawyers tried to overturn the deportation in federal appellate court, but the court said it had no jurisdiction over a Justice Department proceeding.

A relatively recent case in the federal appellate court that has jurisdiction over Florida federal courts held that claims based on sexual orientation are not covered by the federal law governing employment discrimination.

Canadian courts have recognized that labour relations are presumptively a provincial matter, and that the federal government has jurisdiction over labour relations only by way of exception.

American LegalNet maintains an inventory of over 1,600 national court rule sets with a wide coverage of United States jurisdictions, including federal, state, and appellate courts.

Author, «Gunn v. Minton: Supreme Court Pokes Another Hole in Exclusive Federal Jurisdiction Over Patent Rights,» SSRN No, 2332879 and IPLS Proceedings, March 2013

The ATS, a single sentence within the Judiciary Act of 1789, provides United States federal courts with original jurisdiction over «any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

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.

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)

The district court dismissed the complaint for failure to state a claim, and Turner appealed to the Eleventh Circuit (which has appellate jurisdiction over federal cases arising from Alabama, Georgia and Florida).

Over his career, Lansing has appeared in state and federal courts in multiple jurisdictions,...

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.

A Roanoke U.S. District Court, which has jurisdiction over the federal EMTALA claim of an estate alleging defendants failed to properly screen and treat decedent, a 27 - year - old uninsured woman who died of sepsis after being seen in defendant hospital emergency...

-- 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.»

A federal court has jurisdiction over a matter if there is a federal question or if it is a diversity of citizenship case.

The federal courts and state courts have concurrent jurisdiction over almost all federal courts (one or two federal claims can only be brought in state court, and federal court has exclusively jurisdiction over a handful of kinds of claims).

Federal courts in California would also not have jurisdiction over the case since it does not involve a federal issue and does not involve a dispute in excess of $ Federal courts in California would also not have jurisdiction over the case since it does not involve a federal issue and does not involve a dispute in excess of $ federal issue and does not involve a dispute in excess of $ 75,000.

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 ccourt, 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 cCourt 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 cCourt (because, e.g., the defendant is not a state government), then a defendant in the state court case can remove the case to federal ccourt case can remove the case to federal courtcourt.

The court was careful to make clear that the CDSA as a whole was a valid exercise of federal jurisdiction over criminal law and that the statute itself was not contrary to the Charter.

Professor Lubet is the coauthor of Judicial Conduct and Ethics (with James Alfini, Charles Geyh, and Jeffrey Shaman), which is recognized as the nation's leading authority on judicial ethics, and which has been cited by numerous courts in over 40 state and federal jurisdictions.