Even more disturbing, DOJ's motion, as explained in the November 2013 hearing, essentially foretells its attempt — through pre-award «back and forth» with the state on every single voucher — to regulate the program without any legal
judgment against the state.
The Court said DOJ attempted «to regulate the program without any legal
judgment against the state.»
«Flash forward to 2013, former Florida pig farmer, Stephen Basford won a court
judgment against the state of Florida over the 2002 constitutional amendment that outlawed his pig farm.
After filing the second case, the family asked the court to grant a motion for partial summary
judgment against State Farm.
And even if they can, obtaining civil
judgments against a state governor and other heads of agencies won't be easy, given that Michigan confers immunity on its high - ranking officials for decisions made while carrying out their responsibilities.
The same issue comes up at the state level when a court awards a money
judgment against a state or local government with taxing power, or holds that a state government has insufficiently funded education as required by a state constitution.
In light of this interpretation of the State Immunity Act 1978, enforcing
judgments against a State which has not expressly waived immunity in relation to enforcement proceedings is made particularly difficult as there is little ammunition available to the judgment creditor seeking to defeat a sovereign immunity defence.
English law recognises sovereign immunity as a valid defence to the enforcement of a foreign
judgment against a State.
This is because proceedings commenced in England by a judgment creditor for the purpose of enforcing a foreign
judgment against a State do not qualify as «proceedings relating to a commercial transaction for the purposes of s. 3 (1) of the State Immunity Act 1978».
Furthermore, even if a judgment creditor is able to enforce
a judgment against the State, there are restrictions on the type of assets available for enforcement.
The Court of Appeal rejected those arguments and found in favour of Svenska being allowed to enforce
its judgment against the state in England.
Not exact matches
The sale and filing are intended to preserve the value of GMG's pioneering digital news business, safeguard the jobs of journalists and other staff, and allow GMG to fund the appeal
against the $ 130 million
judgment in the Hulk Hogan case
against the company in a Florida
state court.
The widespread nature of this
judgment is likely one of the reasons this «presumption
against war» concept, original to the United
States Catholic bishops, has since 1983 become more broadly accepted as descriptive of the just war idea.
I believe, in sum, that my
judgment faithfully reflects the mind of the Church as articulated by the Magisterium» some earlier statements in understandable reaction
against the French Revolution, the attacks on the papal
states, and the dogmas of militantly anti «Catholic secularism notwithstanding.
While the Church makes no
judgment about the inner
state of the heretic, and while good is brought out of the evil of dissensionand heresy through the formulation and definition of dogmas, the idea that heretics such as Valentinius, Arius and Nestorius were right to reject the decisions of councils and popes
against them, and that their dissent was in fact nearer to the truth is unacceptable from a Catholic perspective.
There should be no violation of human rights
against our Students while we expect an immediate implementation of the
judgment in all schools across the
state.»
The trial court should have set aside the default
judgment it had wrongly entered
against the
State and allowed the Attorney - General to defend the action as she intimated.
He said, «In view of our belief in the judiciary and avalanche of evidence
against the declaration of Senator Abiola Ajimobi as the duly elected governor in the April 11, 2015 governorship election in the
state, Senator Rasheed Ladoja, the gubernatorial candidate of Accord after wide consultations, has resolved to appeal the
judgment of Justice Muhammed Mayaki - led tribunal at the Court of Appeal.
State Attorney General Eric Schneiderman announced a $ 2,500 court
judgment against Northern Taxi and its owner / operator, Christopher Crowningshield, for charging refugees as much as $ 300 or more for a taxi ride from Plattsburgh to the Canadian border.
The petitioners also referenced an article that had Mr. Amidu urging voters to vote
against the NDC's presidential candidate, John Mahama in the 2016 polls if they wanted the
State to recoup its money as part of the controversial GHc 51 million
judgment debt.
Makarfi and members of his team are currently at the Supreme Court, where they filed an appeal
against the
judgment of a Federal High Court, Port Harcourt, Rivers
State, which affirmed Sheriff as the national chairman of the troubled party.
The Justice Ali Gumel - led panel of the Court of Appeal set aside the
judgment of the National /
State Legislative Houses Election Petition Tribunal in Apo, Abuja, which had dismissed the petition by the All Progressives Congress» candidate, Andrew Uchendi
against Sekibo's election.
In a
judgment dismissing the claim, Justice Rilwan Aikawa held that following the decision of the Supreme Court in the case of Attorney General of Ondo
State vs Attorney General of the Federation and 36 Others (2002), that ICPC had a statutory duty to investigate allegations of corrupt practices made
against any person or authority in Nigeria and that neither the claimants nor the court has the discretion to stop a statutory agency of government from performing its duties.
A
state judge said she won't grant summary judgment to New York State Attorney General Eric Schneiderman's office as it pursues its fraud case against Donald T
state judge said she won't grant summary
judgment to New York
State Attorney General Eric Schneiderman's office as it pursues its fraud case against Donald T
State Attorney General Eric Schneiderman's office as it pursues its fraud case
against Donald Trump.
He
stated that two of the grounds of the appeal
against the Court of Appeal's
judgment in Port Harcourt, Rivers
State, were on the ruling that the tenure of three national officers would expire by August while that of 18 others would end in July 2018.
The
judgment secured
against the former Governor of Adamawa
State is a victory for Nigeria.
The Inspector - General of Police, Mr. Ibrahim Idris, has appealed
against the
judgment of the Federal High Court in Abuja which declared as illegal the Special Joint Investigation Panel which he set up to investigate crimes committed during the National Assembly re-run held in Rivers
State on December 10, 2016.
Governor Abiola Ajimobi of Oyo
State has declared that the state government will appeal against the Friday's judgment of an Ibadan High Court which declared t
State has declared that the
state government will appeal against the Friday's judgment of an Ibadan High Court which declared t
state government will appeal
against the Friday's
judgment of an Ibadan High Court which declared the...
The court made the declaration in a
judgment delivered in a suit filed by the Ekiti
State Government against the EFCC, the Inspector - General of Police, the Speaker, Ekiti State House of Assembly, the Clerk, the state's Auditor General and the Accountant Gen
State Government
against the EFCC, the Inspector - General of Police, the Speaker, Ekiti
State House of Assembly, the Clerk, the state's Auditor General and the Accountant Gen
State House of Assembly, the Clerk, the
state's Auditor General and the Accountant Gen
state's Auditor General and the Accountant General.
A Sokoto
State High Court on Tuesday reserved July 4, for
judgment in the alleged N15 billion corruption charges
against Attahiru Bafarawa, former Sokoto
State Governor...
«The disengaged staff, through the former NBA boss, Esthon instituted an action
against their employer (Stirling Civil Engineering Company Limited) at the Adamawa
State High Court sitting in Yola, and had the
judgment entered in their favour».
Before that happened, the
State Board of Education filed a declaratory
judgment action in Wake County Superior Court
against private schools, saying that religious schools didn't have a first amendment issue.
Appeal from
judgment entered by the United
States District Court for the Southern District of New York (Mark D. Fox, Magistrate Judge), which held that defendant Board of Education of the Newburgh Enlarged City School District intentionally discriminated
against plaintiff Santina Polera in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and awarded damages to plaintiff.
(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any
State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his
judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United
States a civil action in any appropriate district court of the United
States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.
(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his
judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United
States a civil action in any appropriate district court of the United
States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United
States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.
Even if you're not criminally charged with fraud, you can still be incarcerated in some
states if the bank gets a
judgment against you in civil court.
Exemption laws have been enacted by every
state as well as the federal government to protect the property of debtors
against the claims of
judgment creditors and, once a bankruptcy case is filed, the trustee.
For example, a government - backed loan in default can subject the borrower to an administrative wage garnishment (that is, a garnishment without the creditor first obtaining a court
judgment) of 15 % of disposable income, and this would be in addition to any
state law garnishment by another creditor (under New York law, of several creditors have
judgments against a debtor, only one at a time can garnish 10 % of wages, but a government student loan can be imposed on top of a
state law garnishment.A borrower can also lose tax refunds if in default on a government student loan.
Fannie Mae says that it will pursue deficiency
judgments against strategic defaulters in
states where that recourse is available to lenders.
This could include
judgments against in civil actions,
state or federal tax liens and bankruptcies.
Plaintiff hereby consents to a
judgment against him and in favor of the United
States Department of Education in the amount of $ 4,800.00 as of December 3, 2012, This consent
judgment is subject the terms set forth below.
While it's unconstitutional to be arrested for failing to pay a debt in the United
States, lenders can still obtain
judgments against borrowers who fail to pay with a loophole.
(f) When a deposit has been made in lieu of a bond, as specified in subdivision (a), the amount of the deposit shall not be subject to attachment, garnishment, or execution with respect to an action or
judgment against the credit services organization, other than as to an amount as no longer needed or required for the purpose of this title which would otherwise be returned to the credit services organization by the Secretary of
State.
-- Once you have a
judgment against, you, it's bad: Some
state laws allow them to be in force for decades.
A week ago, I reported here that that a federal judge in Georgia had dismissed without prejudice Fastcase's declaratory
judgment lawsuit
against Casemaker over the latter's claims of copyright in Georgia
state regulations.
Legal research company Fastcase yesterday filed a motion asking for summary
judgment in its lawsuit
against rival Casemaker over copyright in Georgia
state regulations.
Will any
states rebel
against this aspect of Achbita, or at least read the
judgment differently?
Other matters the project has handled include a 2013
state court action that resulted in a $ 1.1 billion
judgment against three lead - paint manufacturers, and Hollingsworth v. Perry, which argued that California's same - sex marriage ban was unconstitutional.
Aircraft / Truck Runway Collision, Federal Tort Claim: Elliott T. Dennis recovered a $ 4.9 million
judgment against the United
States in favor of a severely injured
state of Alaska employee.
But that certainly wasn't the case in the Chevron suit, where a U.S. judge upheld a racketeering case
against the plaintiffs» lawyer,
stating the Ecuador
judgment was obtained by corrupt means.