Sentences with phrase «jurisdiction challenge based»

Not exact matches

He said he and his party (ACN) were challenging the jurisdiction of the tribunal based on the fact that6 the constitutional 180 days had lapsed.

Ngige's counsel, Chief Emeka Ngige (SAN) is challenging the jurisdiction of the tribunal to handle the case, based on the fact that the 180 days within which the constitution requires that the case be heard had lapsed.

Citing case law, the five justices wrote in a unanimous decision that the court's jurisdiction extends to challenges to absentee ballots based upon nonresidency.

Curiously, he also challenged the Supreme Court of British Columbia's jurisdiction on the basis that there was no evidence anyone in British Columbia read the article (other than Andrew Weaver).

Lessons learned, opportunities, and challenges for integrating these advances into market - based climate programs in other jurisdictions will be explored.

AG Bobek had used this question to challenge this head of jurisdiction on a principal basis (AG Opinion, paras 73 - 90).

We have acted in a significant number of the largest and most complex class actions in recent years and have expert understanding of the relevant court rules in different jurisdictions and the basis on which class actions claims can be challenged.

Summary: The respondent in an ongoing arbitration challenged the arbitral tribunal's jurisdiction based on Section 2 of the Swedish Arbitration Act.

For example, declaratory judgment jurisdiction requires an actual case and controversy, and AIA inter partes review proceedings only are available for prior art - based validity challenges.

As the legal systems of such jurisdictions — many of which are based on English law — evolve to meet this challenge, a trend towards interpreting trustee duties widely and extending asset recovery powers is emerging.

The usual response is for the defendant to challenge the plaintiff's choice of forum by bringing a motion to stay the action based upon lack of subject - matter jurisdiction and / or personal jurisdiction (the reformulated Van Breda test for assumed jurisdiction based upon a «real and substantial connection»).

Instructed by Bird and Bird LLP as sole counsel for the Claimant in this $ 15 million Commercial Court dispute in which the Defendant challenged jurisdiction on the basis (inter alia) that jurisdiction agreements operating in favour of one party only are enforceable.

Third Circuit grants plaintiffs» petition for permission to appeal in case challenging the lawfulness of GSK's diversity re-removals of state court Paxil personal injury cases more than one year after the cases were filed in state court: This afternoon, a three - judge panel of the U.S. Court of Appeals for the Third Circuit entered an order granting my clients» petition for permission to appeal in a case presenting the question «Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?»

Arguing that there was no legal basis for granting bail once the legal basis for detention fell away, B challenged the April 2014 decision to impose bail conditions as SIAC's February 2014 decision rendered his detention unlawful and there was no jurisdiction to grant bail or impose bail conditions.

More and more, traditional geography - based lawyer organizations will be challenged by leaner groups that cater to specific specialties in specific jurisdictions.

The petition was issued against a husband who then challenged the divorce being processed in England and Wales on the basis that he abandoned his domicile of origin in Wales and instead acquired a domicile of choice in the United Arab Emirates (UAE) and therefore the Courts of England and Wales had no jurisdiction to entertain the divorce petition.

Eugene Meehan, Q.C. is quoted in the Canadian Lawyer & Law Times Blog as saying: «This decision is a potential constitutional game changer, going forward, we could see more division of power and jurisdiction - based cases being challenged in the courts.»

10.1 On what bases, if any, are parties entitled to challenge an arbitral award made in your jurisdiction?

1994)(setting forth three bases for ADA Title I jurisdiction over an employer - provided medical reimbursement plan, in a discrimination challenge to the plan's HIV / AIDS cap).

[E] very jurisdiction which has spoken to the matter, and prohibited prosecution case - specific peremptory challenges on the basis of cognizable group affiliation, has held that the defense must likewise be so prohibited.

Absent a challenge on the basis of the Charter or the principle of judicial independence, inherent jurisdiction does not allow courts to enter political matters like the allocation of public funds.

Whilst different jurisdictions have yet to reach consensus on search engines» liability for defamation, Internet giant Google is confronting judges and academics with another challenge: the basis of liability for defamation arising from its Autocomplete function.

In the Hudbay case it wasn't a pure jurisdiction argument as the company is firmly based in Ontario, but it did challenge the claim.

While advocating regulation of virtual currencies, the paper acknowledges that there are unique regulatory challenges, including the fact that the geographically decentralized nature of virtual currency networks like Bitcoin doesn't fit easily within traditional regulatory models based on local jurisdictions.

The principle of self - determination challenges the assumptions of an international law based on exclusive territorial jurisdiction.

In February, the Ohio - based 6th Circuit ruled 2 - 1 that it had jurisdiction to hear the challenges.

The court held that the plaintiffs lacked standing to challenge the defendants» rental and advertising policies, and remanded the case for dismissal based on lack of jurisdiction.