Sentences with phrase «federal jurisdiction as»

Not exact matches

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

Yet that stop back home may have represented the most concrete outcome as Trudeau announced plans to draft legislation affirming federal jurisdiction over the pipeline and negotiations with Kinder Morgan for financial support for the project.

(1) The tax effect for the U.S. jurisdiction is calculated based on an effective rate considering federal and state taxes, as well as permanent items.

The memorandum, and as yet undisclosed similar directives to various locales over which the NLRB has jurisdiction, have provoked a firestorm of outrage from businesses and business groups that say the memo spells the end of franchising, and represents an uneasy encroachment of greater federal regulation into business life.

The following counties have been declared for Public Assistance (Category B) including Direct Federal Assistance, as they are sheltering jurisdictions:

Moreover, they argue that federal subsidies are warranted because a significant portion of state and local government spending is for education, health, public welfare, and transportation, all of which have important spillovers that benefit the population in other jurisdictions as well.

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.

None of the Reporting Persons nor any manager or executive officer of the Reporting Persons, has, during the past five years, (a) been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), or (b) been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting, or mandating activities subject to, Federal or State securities laws or a finding of any violation with respect to such laws.

Opinion: As a matter of constitutional jurisdiction, the federal government does not need Alberta's buy - in to legally enact and implement its national climate change policy

The measure would apply only to the nearly one million workers in federal jurisdictions, such as banks and the various transportation sectors.

«As noted in our past reports, regulatory oversight is fragmented across multiple regulators at the federal level, and also involves regulatory bodies in the 50 states and other U.S. jurisdictions.»

Those courts may still decline to assume jurisdiction (as here), but the only reason that ethical counsel could countenance undertaking this second round of litigation was precisely because the Federal Court of Appeal had declined to address the matter.

Based on these assumptions, we estimate the amount we expect to indefinitely invest outside the U.S. and the amounts we expect to distribute to the U.S. and provide for the U.S. federal taxes due on amounts expected to be distributed to the U.S. Further, as a result of certain employment actions and capital investments we have undertaken, income from manufacturing activities in certain jurisdictions is subject to reduced tax rates and, in some cases, is wholly exempt from taxes for fiscal years through 2024.

That seems doomed to fail, as more than a century of case law dating back to the early days of the railroad suggests that provincial measures that directly thwart interprovincial infrastructure may be overruled by federal jurisdiction using 92 (10)(c) and this would be a prime example of when it should be (and has historically) been used.

In December, he issued a statement explaining why he believes certain ICOs should fall under the jurisdiction of federal securities law and, as such, be filed beforehand.

As Canada prepares to become the largest jurisdiction in the world to legalize recreational marijuana, a federal task force has told Ottawa it should also require the product to be lab - tested, safe to consume and free of harmful contaminants such as bacteria, mould and dangerous pesticideAs Canada prepares to become the largest jurisdiction in the world to legalize recreational marijuana, a federal task force has told Ottawa it should also require the product to be lab - tested, safe to consume and free of harmful contaminants such as bacteria, mould and dangerous pesticideas bacteria, mould and dangerous pesticides.

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.

How else could she argue, as she did in 2016, that Alberta would not support the federal government's pan-Canadian carbon price of $ 50 per tonne (in the year 2022) unless the federal government first approved an oil sands pipeline to tidewater, while also arguing that British Columbia's proposed oil spill safety measures contravene the federal government's clear jurisdiction over interprovincial pipelines?

The legal bottom line: As a matter of constitutional jurisdiction, the federal government does not need Alberta's buy - in to legally enact and implement its national climate change policy.

That Act would further restrict the Fed's 13 (3) lending operations by requiring that they be approved by at least two - thirds of the FOMC (as opposed to the present 5 - member requirement); by disallowing the use of equity as collateral for 13 (3) loans; by requiring that loans be approved not only by the Federal Reserve Board but by all Federal banking regulators having jurisdiction over the prospective borrowers; and by allowing emergency lending to be extended beyond a term of 30 days only by means of a joint resolution approved by Congress.

The doctrine of interjurisdictional immunity (IJI) holds that a provincial law that impairs the core competence of a federal head of jurisdiction (in this case the TransMountain pipeline as a federally regulated interprovincial work or undertaking) will be inapplicable to the federal matter.

The issues were, as is often the case, tangled, with the relation between federal and state jurisdiction very much in play.

As a federal monarchy, the Canadian Crown is unitary throughout all jurisdictions in the country, with the headship of state being a part of all equally.

During nearly two decades as a premier trial attorney, Philip Cohen has defended individuals and corporations accused of criminal conduct in more than 30 federal and state jurisdictions throughout the country.

Judge Joan M. Azrack, in addressing a room full of prospective jurors on Monday, let it be known that they'd been selected as representatives of one of the largest federal district court jurisdictions in the nation, covering Brooklyn, Queens, Staten Island, Nassau and Suffolk counties.

THE battle to determine the standard - bearer of the Peoples Democratic Party (PDP) in Bayelsa State, on Thursday, shifted to the Court of Appeal, Abuja Division, as Governor Timipre Sylva told the five - man panel, headed by Justice Zainab Bulkachuwa, that the PDP had invoked its jurisdiction in order to stall hearing of the substantive matter at the Federal High Court sitting in Abuja.

According to him, the US Embassy said it was because his name was among a looters list submitted to it by the federal government arguing that the publication of his name as a looter was malicious since he has not been convicted by any court of competent jurisdiction.

The hues and cry of Hon. James Faleke, the running mate to late Audu Abubakar may have just been given a wave of hand as Justice Gabriel Kolawole of the federal high court, Abuja, on Friday ruled that the court had no jurisdiction to hear the cases involving the Kogi governorship election, which was declared inconclusive on November 22.

This can be done, as Congress can determine the federal courts jurisdiction, and in the case of abuse of authority, limit that authority.

One of the charges read in part, «That you, Hyeladzira Ajiya Nganjiwa, between January 18 and December 16, 2013, in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court, did enrich yourself with an aggregate sum of $ 144,000 through your account number 328446178210 domiciled in Guaranty Trust Bank Plc, so as to have a significant increase in your assets that you can not reasonably explain the increase in relation to your lawful income.»

Another charge read, «That you, Hyeladzira Ajiya Nganjiwa, between January 6 and November 17, 2014, in Lagos within the jurisdiction of this honourable court, being a judge of the Federal High Court, did enrich yourself with an aggregate sum of $ 102,000 through your account number 328446178210 domiciled in Guaranty Trust Bank Plc, so as to have a significant increase in your assets that you can not reasonably explain the increase in relation to your lawful income.»

«As state legislators representing millions of New Yorkers who live within the 50 mile blast radius surrounding Indian Point we demand that FERC respect New York's authority and jurisdiction in this matter,» reads a letter sent Friday from Democratic Sen. Tony Avella of Queens, Democratic Assemblywoman Sandy Galef of Westchester and three dozen others to the Federal Energy Regulatory Commission.

We would all hope that larger areas of government on the state and federal levels were as efficient, but as the size of a territorial jurisdiction increases, the efficiency of government decreases.

A paragraph in the executive order specifies that jurisdictions that don't comply, shall be deemed «not eligible to receive federal grants... except as deemed necessary for law enforcement purposes.»

The jurisdictions identified by the Section 4 formula were required to seek federal approval — or pre-clearance — when seeking to make changes to practices or policies affecting voters, such as redrawing district lines or changing polling sites during an election.

«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.»

But as Retraction Watch reports, a federal district court judge ruled that the court lacked jurisdiction in this case because the plaintiffs haven't yet exhausted the administrative process set up to handle misconduct investigations at federally funded labs.

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

As part of the commission, AgriLife Extension agents in 42 counties have stepped in as liaisons between local jurisdictions, state and federal agencies with the goal of expediting the resolution of local issueAs part of the commission, AgriLife Extension agents in 42 counties have stepped in as liaisons between local jurisdictions, state and federal agencies with the goal of expediting the resolution of local issueas liaisons between local jurisdictions, state and federal agencies with the goal of expediting the resolution of local issues.

Most of the issues are under the jurisdiction of the House Science, Space and Technology Committee, but T&I oversees the Federal Aviation Administration (FAA) as a whole, so has some oversight interest.

Except as provided in Section 25 below, you irrevocably submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco, California, for all disputes arising out of or related to your use of any of the Services.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Los Angeles, California.

Another major push comes from the federal Every Student Succeeds Act's encouragement of states to include school quality in their rating systems, with school climate as a key metric in many jurisdictions.

The program provides assistance to school districts that lose out on revenue because of tax - exempt federal property, such as military bases and installations, in their jurisdictions.

(Murray's staffers had baited DeVos» with a question about students defrauded by Trump University who received some money back in a $ 25 million settlement, prompting DeVos» staffers to note that «Trump University was not a recipient of federal student aid, nor an accredited college or university, and therefore would not fall under my jurisdiction as Secretary of Education.»)

It is unclear if International High's leadership plans to challenge the union, as Lusher's administration did in a filing with the federal labor board, contending it does not have jurisdiction over the school.

He has been retained by numerous public offices, courts and private attorneys as a forensic psychiatrist and has consulted in more than 2,700 civil and criminal cases in both state and federal jurisdictions.

this is pretty universal, as usually smaller jurisdictions don't even try to pass legislation about collecting «worldwide income» because they do nt have the resources to enforce it like the federal government might.

It is vital to foreign jurisdictions, banks and investors as a way to gain exposure to the U.S. dollar as well as interest payments backed by the full faith and credit of the U.S. federal government.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkAS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).