Sentences with phrase «judgment on the immunity»

Three weeks ago, the Dutch Supreme Court rendered a judgment on the immunity of execution of state property, leading to a complex legal case.

Not exact matches

State immunity would have been enough on its own to dispose of the injunction, but the court also dealt with the important jurisdictional issues raised by ETI's reliance on Civil Jurisdiction and Judgments Act 1982, s 25 as the basis for the court's jurisdiction

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.

When the state sought summary judgment on sovereign immunity grounds, the trial court granted it, but the appellate court reversed.

Like the enforcement of a judgment, the enforcement of an Award as a result of a waiver of immunity is based on consensual obligations undertaken in a commercial contractual context.

Lord Collins» judgment on this point is referred to by Lady Fox in her book, The Law of State Immunity (3rd Edition) at page 379 as the corrected view of the law prior to the 1978 Act.

posts here and here) have cases pending before them and two lower courts in Canada and the US have recently issued judgments on the subject - matter immunity of foreign officials.

She successfully defended a Connecticut state marshal in a case involving the legality of entering a home, and obtained summary judgment on the basis of the qualified immunity doctrine.

The UK Supreme Court decision in NML Capital Ltd v Republic of Argentina -LRB-[2011] UKSC 31) confirms that a State is able to raise sovereign immunity as a defence in respect of enforcement proceedings of foreign judgments and awards, even if the underlying proceedings relate to commercial transactions unless the State has expressly waived sovereign immunity as a defence to enforcement (as it had on the facts of that case).

Since joining FLR, Andrea has worked on numerous pleadings and memoranda involving motions to dismiss, to compel discovery, and for summary judgment on issues such as contracts (including personal services contracts), a wide variety of tort - based claims, punitive damages, privilege and sovereign immunity, insurance coverage, family law, Florida Deceptive and Unfair Trade Practices Act, Health Care Quality Improvement Act immunity and peer review, and estates and trusts.

Last week the UK Supreme Court delivered judgments in two landmark cases on immunity.

At 66 follows an extensive list of arguments leading to a conclusion of submission, with particular emphasis on Notices of Appeal, each of which included a merit - based objection to the judgment appealed from but contained no assertion that the US courts lacked jurisdiction by reason of, or that the claims were barred by, sovereign immunity.

The judgment therefore is interesting firstly for its discussion of CJEU weight in residual conflict of laws; secondly for the Court's view on submission and sovereign immunity — in my view very much the right one.