Sentences with phrase «jurisdiction over actions»

The requirements are as follows: The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action.

Alternatively, the Special Tribunal may determine that it retains jurisdiction over actions already commenced before Nakheel was carved out of Dubai World, on the grounds that Nakheel, in those proceedings, has submitted to the jurisdiction of the Special Tribunal.

This Court has subject matter jurisdiction over this action under Section 4 of the Sherman Act, 15 U.S.C. 4, and 28 U.S.C. 1331, 1337 (a), and 1345.

The proposed Final Judgment provides that the Court retains jurisdiction over this action, and the parties may apply to the Court for any order necessary or appropriate for modification, interpretation, or enforcement of the Final Judgment.

If Ontario is found to have jurisdiction over an action, the second part of the test considers whether or not Ontario is the most convenient place for the lawsuit.

194, for an order staying the plaintiff's claim on the basis that the court has no jurisdiction over the action.

Not exact matches

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).

That being said, the SEC affirmed its jurisdiction over security tokens and while they are cautious about inhibiting innovation they will look to enforce and take action as required under its mandate.

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.»

Those cases include decisions addressing the jurisdiction of the SEC, the CFTC and bank regulators over newly created derivatives and other financial instruments; the scope of the definition of a «security»; the availability of private damage actions; extraterritorial application of U.S. securities and futures laws; the standards of liability for fraud and manipulation; electronic trading markets; and the scope of fiduciary obligations of brokerage firms and banks.

The NCCB protests that it can not be liable since it has no jurisdiction over dioceses and no pastoral responsibility for the actions of individual Catholics or priests.

The bishop of Rome, claiming immediate jurisdiction over every local congregation and individual, was served by administrative personnel whose readiness to require intellectual obedience was unsustained by relevant theological or historical scholarship, or by a habit of explaining their disciplinary actions.

By mid eighteenth century in New Haven, William Livingston rephrased a «Puritan principle» to read «The civil Power hath no jurisdiction over the Sentiments or Opinions of the subject, till such Opinions break out into Actions prejudicial to the Community, and then it is not the Opinion but the Action that is the Object of our Punishment.

«NYPIRG calls on the Commission on Public Integrity, which has jurisdiction over the lobbying industry, to immediately begin an investigation into the actions of lobbyists and clients identified by the Legislative Ethics Commission and for the Legislative Ethics Commission to fully cooperate with any CPI investigation.»

Governor Cuomo, We write on behalf of Adirondack Wild: Friends of the Forest Preserve to urge your administration to take immediate action to assert jurisdiction over the ill - conceived proposal by the Saratoga and North Creek Railroad, LLP...

For adverse actions over which the Merit Systems Protection Board has jurisdiction: Initiate an appeal to the MSPB within 30 days of the appealable adverse action as defined in 5 CFR.

-- After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if --(A) final action under such State program has not been taken on such complaint by such State --

In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action.

This Court has jurisdiction over the subject matter of this action and over the Settling Defendants.

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

The provincial «superior» courts have inherent jurisdiction over all causes of action that have not been explicitly provided elsewhere.

Instead, the Superior Court's jurisdiction is rooted in the history of the first courts of England, whose authority over government actions were based in the Magna Carta.

It will be a declaration, in my deliberate judgment, that the sovereign power of the people of the United States and Union must hereafter remain incapable of action over territory to which their rights in full dominion have been asserted with the most rigorous authority, and bow to a jurisdiction hitherto unknown, unacknowledged by any department of the government, denied by all through all time, unclaimed till now, and now declared to have been called into exercise not by any change in our Constitution, the laws of the Union or the States, but preexistent and paramount over the supreme law of the land.

As soon as possible, commence legal action in a court that has jurisdiction over the entity to which the money was transferred.

Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»

On October 1, 1991, the Territorial Court obtained jurisdiction over all local civil actions in accordance with 4 V.I. Code Ann.

These two courts, to oversimplify slightly, not only have jurisdiction over different kinds of cases but also hear actions originating from different actors.

The Act permits federal courts to preside over certain class actions in diversity jurisdiction where the aggregate amount in controversy exceeds $ 5 million; where the class comprises at least 100 plaintiffs; and where there is at least «minimal diversity» between the parties (i.e., at least one plaintiff class member is diverse from at least one defendant).

It does not prevent the California and out - of - state plaintiffs from joining together in a consolidated action in the States that have general jurisdiction over BMS.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

The Defendants argued that the Plaintiff had attorned to the Ontario court's jurisdiction over the counterclaim by commencing the recognition action.

Google submitted that the Court could not restrain Google in its actions outside of Canada, because (a) the BC Court did not have jurisdiction to make orders about activity in other jurisdictions, and (b) the BC Court did not have jurisdiction over Google.

The case established that the ATS provides jurisdiction over tort actions in such «foreign cubed» cases, brought by non-US plaintiffs against non-US defendants for violations of customary international law, including war crimes and crimes against humanity, committed outside the US.

194, to stay Father Hart's civil action on the ground that the court had no jurisdiction over his claim.

The Philippines complaint asserts, as we argued in Payback Time, that Filipino agencies have jurisdiction over international companies because the actions of those companies are causing harm in the Philippines.

The Boston Municipal Court has jurisdiction over civil actions in Boston that are likely to result in recoveries of less than $ 25,000 in damages.

In other words, there is little consistency across the EU regarding when or how actions may be brought, and the features of each system are so different that there are many reasons for claimants to want to choose some jurisdictions over others — also known as «forum shopping.»

Firstly, when considering the suitability of the proposed class under s. 5 (1) of the Class Proceedings Act, 1992, he found that Ontario did not have a sufficiently real and substantial connection to the underlying facts and class members in the proposed class action for the Ontario courts to properly take jurisdiction over the proceeding.

The new legislation expands federal court jurisdiction over class actions, and requires close court supervision of settlements, say co - editors / attorneys Anthony Rollo and Hunter Twiford.

For these matters, a Plaintiff can file the action in South Carolina even if there is no personal jurisdiction over the Defendant.

To further bolster his decision to stay the action, Justice Perell fully considered the issue of forum non conveniens — which is the question of whether, even if Ontario courts have jurisdiction over a claim, jurisdiction should still be declined because there is another forum that would clearly be a better place to determine the dispute.

In all cases, the Ontario - based plaintiffs sought to have their claims tried in Ontario and in all cases the foreign defendants sought to stay the actions on the basis that Ontario courts did not have jurisdiction over the claims against them or, alternatively, on the basis that Ontario was not a convenient forum for those claims.

The ATS, a single sentence within the Judiciary Act of 1789, provides United States federal courts with original jurisdiction over «any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

The implication of this point is that IJI will no longer create a shield against provincial action that impairs core federal jurisdiction over Aboriginal peoples under section 91 (24) of the Constitution Act, 1867, as was the case following Delgamuukw v British Columbia, 1997 CanLII 302 (SCC), [1997] 3 SCR 1010.

The Class Action Fairness Act of 2005 (CAFA) greatly expanded the federal courts» jurisdiction over class actions by relaxing the requirements for federal subject matter jurisdiction.

Class action legislation does not confer subject - matter jurisdiction on the Superior Court over cases that would not normally fall within its reach, the court emphasized.

Class action legislation does not give courts jurisdiction over cases that would otherwise be dealt with by tribunals or arbitrators, the Supreme Court held in Concordia v. Bisaillon.

The Defendant brought a motion to dismiss the Ontario action on the grounds that Ontario did not have jurisdiction over the claim.

The purpose of the meeting was to reflect on the progress made by these groups over the past year, discuss the access to justice initiatives underway in different jurisdictions, highlight promising developments, learn from common challenges, and consider collaborations and cooperation among justice stakeholders that could be further supported by the Action Committee.

Accordingly, the Board has exclusive jurisdiction over the subject matter and, therefore, the action must be commenced within the one - year limitation period before the Superior Court can assume jurisdiction for claims exceeding $ 25,000.