Sentences with phrase «jurisdiction courts in»

Long - term data show a 15 percent decline in medical malpractice filings in general jurisdiction courts in seven states from 1999 to 2008.

This fourth in a series of posts looks at legislative efforts to change the civil jurisdiction thresholds in state limited and general jurisdiction courts in the last decade.

This fifth and final item in a series of posts looks at legislative efforts to change the civil jurisdiction thresholds in state limited and general jurisdiction courts in the last decade.

Not exact matches

To resolve that issue, the court had to determine whether (1) virtual currency may be regulated by the CFTC as a commodity and (2) the CEA permits the CFTC to exercise jurisdiction over fraud in connection with commodities that do not directly involve futures or derivative contracts.

At the opening of the trial in Rome, the U.S. investment bank the other defendants asked a three - judge panel at the Court of Accounts, which rules on abuses of public funds, to reject the case in an acknowledgement that the judges do not have jurisdiction, Marco Fratini, one of the judges, said.

Flaherty drafted legislation in 2010 designed to unilaterally create a new system, but the Supreme Court said the law would infringe on provincial jurisdiction.

B.C. is asking the courts to determine if it has jurisdiction to limit how much diluted bitumen can flow through pipelines in the province.

The decision, handed down Wednesday by Nova Scotia Supreme Court Judge Mona Lynch, rejects O'Leary's attempt to dismiss the suit or move it to another jurisdiction, and awarded $ 3,500 in costs to the Canadian Lebanese Chamber of Commerce and Industry.

The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 27 Dispute.

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.

The following year, Monaco filed suit against the State of Mississippi in the U.S. Supreme Court, but the high court refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rCourt, but the high court refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rcourt refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rCourt has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.»

Finally, in most jurisdictions, if the criminal court doesn't compel the perpetrator to make full restitution, the law generally provides that the restitution order may be automatically converted into a civil judgment.

In 2011, the Supreme Court sided with the provinces on the main question of jurisdiction, while leaving the door open to federal - provincial co-operation.

Because the ruling affects only the area the court has jurisdiction over (Texas, Mississippi and Louisiana), advisors beyond those borders remain bound by the requirements already in place, according to Wagner.

«To get full access to the single market you have to contribute to the budget and accept the freedoms, the four pillars and you have to accept the jurisdiction [of the European Court of Justice],» he told Andrew Marr in an interview due to be aired on BBC One on Sunday.

Many jurisdictions prevent a spouse from being disinherited, for example, so a court might void provisions in a will that leaves everything to your kids from a first marriage, said Joslin Davis, president of the American Academy of Matrimonial Lawyers.

Eby said the B.C. government is expecting to announce shortly that it has filed a reference case to the courts to determine if it has jurisdiction over the pipeline in the province.

7 So the exchange bondholders who have euro - denominated bonds may be able to convince courts in Europe to order that they get paid — and those orders might be effective, since they would be entirely outside of U.S. jurisdiction.

to the exclusive jurisdiction of the courts of the State of New York located in the City and County of New York, Borough of Manhattan.

You agree that any disputes relating to this agreement or your use of the Information, whether sounding in contract, tort, statute or otherwise, shall be governed by the laws of the State of New York and shall be subject to the exclusive jurisdiction of the courts of the State of New York located in the City and County of New York, Borough of Manhattan.

The new amendment will, in effect, restore death - penalty review to the jurisdiction of the Supreme People's Court, where legal scholars say it always properly belonged.

You shall not be bound by the provisions of confidentiality contained in this Agreement if such Holdings Information 1) is or becomes publicly known through no act or omission of the Financial Institution, its employees, agents or subcontractors; 2) is lawfully disclosed to you by a third party without restriction and without any obligation of confidentiality; 3) is required to be disclosed by any Governmental body, regulatory body (including without limitation any relevant securities exchange) or court of competent jurisdiction or otherwise pursuant to any statutory or regulatory obligation.

And then the Supreme Court of Canada dealt him a severe blow in 2011, when it ruled his plan overstepped federal jurisdiction.

He added, «the ultimate death knell for secrecy in any jurisdiction would be a bank getting served one of these subpoenas and choosing to litigate, then losing in court.»

In late 2011, the Supreme Court of Canada ruled that Ottawa was overstepping its jurisdiction.

Accordingly, the parties agrees that Parent shall be entitled to injunctive relief in the event of a breach of this Section 4.3, including an injunction to prevent any continuing breach or violation of the provisions of this Section 4.3, and the remedy of specific performance to enforce specifically the terms and provisions this Section 4.3 in any court of the United States or any state having jurisdiction.

This Court has subject matter jurisdiction under 28 U.S.C. § 1332 because there is complete diversity of citizenship between Plaintiff and Defendant, and the amount in controversy exceeds $ 75,000, exclusive of costs and interests.

On October 13, 2017, the Delaware Court of Chancery dismissed a case brought by the blockchain firm R3 Holdco against Ripple Labs, another company active in the space, ruling that the court lacked jurisdiction to hear the lawCourt of Chancery dismissed a case brought by the blockchain firm R3 Holdco against Ripple Labs, another company active in the space, ruling that the court lacked jurisdiction to hear the lawcourt lacked jurisdiction to hear the lawsuit.

It points out that CFPB's reply does not challenge the Supreme Court's recognition that a federal court does not have jurisdiction in cases where the government lacks an authorized representaCourt's recognition that a federal court does not have jurisdiction in cases where the government lacks an authorized representacourt does not have jurisdiction in cases where the government lacks an authorized representative.

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

One might have thought that that would be the end of the matter, but instead Burnaby commenced this action in the Supreme Court of British Columbia seeking a declaration (at para 13) «that the National Energy Board does not have the constitutional jurisdiction to issue an order to the City of Burnaby that directs or limits the City of Burnaby in the enforcement of its bylaws.»

But other courts in that Court of Appeal's jurisdiction would be required to use it when judging future cases involving Uber driver classification.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.

The case filed in the B.C. Court of Appeal asks if the province has jurisdiction to regulate the transport of oil through its territory

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

Any claim related to any dispute arising as a result of the site or under these Terms shall be made before a court of competent jurisdiction located in the Commonwealth of Massachusetts.

Any claims arising from this Agreement will be governed by and construed in accordance with the laws of Denmark and shall be subject to the exclusive jurisdiction of the Danish Courts.

In their first legal move since Benchmark filed its lawsuit on Thursday, Kalanick's team is arguing that the court doesn't have jurisdiction over the case.

Conoco filed suit on Thursday in the U.S. District court in Manhattan seeking to enforce the award, saying the court had jurisdiction because the ICC arbitration was held in New York and PDVSA had not responded to a demand for payment.

The Trustee and the Sponsor both consent to the non-exclusive jurisdiction of the courts of the State of New York and the federal courts located in the borough of Manhattan in New York City.

Finally, Cook says that the FBI is proposing what Apple is calling «unprecedented use» of the All Writs Act of 1789, which authorizes federal courts to issue all orders necessary or appropriate «in aid of their respective jurisdictions and agreeable to the usages and principles of law.»

The suit alleges that the law gives the Ugandans standing to sue Lively for his activities, which had a crucial nexus in the U.S. and therefore come under federal courts» jurisdiction; it also charges that Lively not only advocated bad ideas in an abstract context but helped various Ugandans conceive and manage a campaign of persecution, thus involving himself in a joint criminal enterprise.

Lively, with representation by Liberty Counsel (an evangelical legal organization), responded that in both the U.S. and Uganda he exercised constitutionally protected speech rights; that he opposes violence and neither committed nor plotted any; that Uganda did not in fact pass a proposed draconian anti-gay law, and that in any case Uganda's political institutions, instead of himself, are responsible for its political decisions; and that the court lacks jurisdiction and the plaintiffs lack standing.

You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than English courts.

If any provision of these Terms is, for any reason, invalid and / or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you.

In 1812 Joseph Story became the youngest judge ever to be appointed to the Supreme Court, and over the course of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the role of the court itself, and its jurisdiction over state an4 national lawsIn 1812 Joseph Story became the youngest judge ever to be appointed to the Supreme Court, and over the course of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the role of the court itself, and its jurisdiction over state an4 national lCourt, and over the course of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the role of the court itself, and its jurisdiction over state an4 national lawsin defining the role of the court itself, and its jurisdiction over state an4 national lcourt itself, and its jurisdiction over state an4 national laws..

Finally, when the facts were known and Nicaragua quite appropriately filed a brief with the World Court, where there could be a judicial hearing under international auspices, the administration responded by announcing that for a period of two years it would refuse to recognize the jurisdiction of the World Court in any matters pertaining to Central America.

There is no improbability in the impression which the gospels convey that the prefect would have been glad to decline jurisdiction, as he could have done if the charge were reduced, or modified, so that it would come within the competence of the Jewish court.

Under the liberal policy of the empire, which allowed a fair degree of local autonomy, the Sanhedrin exercised wide jurisdiction as a court of justice, especially in matters arising out of the peculiar practices and institutions of the Jewish religion.