Sentences with phrase «jurisdiction over cases of»

Assemblyman Keith Wright, a Harlem Democrat and former co-chair of the state Democratic Party, been pushing the Legislature to afford the AG jurisdiction over cases of police misconduct since 1999.

Pennsauken, NJ (Law Firm Newswire) June 12, 2017 — An appeals court has issued a ruling stating that the Division of Workers» Compensation Board has jurisdiction over the case of a New Jersey resident, Keith Williams, who accepted an employment offer in New Jersey, but was injured on a jobsite in New York state.

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).

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.

US District Judge Mark Goldsmith had already issued a 14 day stay of removal on June 22nd for at least 114 mostly Christian Iraqis detained in the Detroit area, saying he needed time to work out whether he has jurisdiction over the case.

A few days later, Judge Teori Zavascki, who oversees the Car Wash Operation at the Supreme Court, took over the case involving Lula from Moro and demanded an explanation of why he had released taped phone calls involving Rousseff and other ministers (who can not be judged by lower jurisdictions without authorisation from the highest court).

The Supreme Court has ruled that the High Court hearing the case involving Member of Parliament for Klottey Korle, Nii Armah Ashitey and Dr. Zanetor Rawlings has no jurisdiction over it.

In other words, because the King had jurisdiction over everything in his kingdom, and he designated courts to handle cases for him, then the current iteration of those courts have jurisdiction over everything within their areas.

Local control over co-location decisions: Community Education Councils should be empowered to approve all co-locations of schools in their community school districts and, in the case of high schools — which normally fall outside the jurisdiction of the parent councils — all schools geographically located in their community districts.

«The proper procedure was for a suit to be filed at a court or tribunal which had jurisdiction over the claims of the parties, and if that court in the course of determining the case took the view that the said issue was one of interpretation, that court will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he added.

The district attorney with jurisdiction over the Clinton Correctional Facility in Dannemora, Andrew Wylie, said that his office was reviewing the case of an inmate, Leonard Strickland, who died there in 2010 after a violent encounter with prison guards.

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

The case has gone through multiple hearings (details below), resulting in a court order that requires DEMS scientists to turn over all data related to DEMS, including drafts of scientific papers based on that data, to the mining coalition and to the U.S. House of Representatives Committee on Education and the Workforce, which claims jurisdiction over the study.

That case has been stayed pending a Supreme Court review of whether it has jurisdiction over the regulation (Greenwire, Jan. 13).

Because this issue has come before senior courts in other jurisdictions, Irish judges may consider the settled case law elsewhere to ascertain how best to resolve a dispute over the fate of stored embryos here.

Nearly a year after declaring Montana's system of paying for its public schools unconstitutional, the state Supreme Court early this month relinquished its jurisdiction over the school - finance case.

Some of these courts had retained jurisdiction for years or even decades over the «remedial» phase of the case.

If LAUSD failed to abide by the terms of the court orders, CCSA had the ability to immediately seek redress before the Court, which retained jurisdiction over the case.

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.

Roger is licenced to practice in multiple jurisdictions of New Jersey and New York and he has built up experience from handling thousands of bankruptcy cases over the course of his legal career.

At the core of the case was the legal principal that tribal courts have civil jurisdiction over non-Indian conduct arising from consensual relations on Indian reservations, weaving through overriding sovereignties across territories and bodies, and, critically, Indigenous sovereignty.

AEMA, which has other objections to PJM's plan, told regulators that for PJM to need to rerun its base residual auction, several events would need to occur, including: the Supreme Court declining to consider EPSA; the court deciding a second case to preclude FERC's exercise of jurisdiction over demand response participation in the capacity market; and FERC would need to rule on both the EPSA remand and other complaints.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

«It looks like Congress has taken what I think is the unprecedented and rather bizarre step of expanding the jurisdiction of the federal courts to allow a particular District Court to take jurisdiction over a single case, that of Terri Schiavo.

In jurisdictions where privilege exists, certain steps can be taken in light of recent case law to maintain privilege over relevant documents.

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

Article 11 Cases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unknCases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unkncases where the opposite party does not have an address in Japan or the address of the opposite party is unknown).

The Court of Appeals, relying upon the case of Gilley v. Gilley, 327 S.C. 8, 488 S.E. 2d 310 (1997), held that when a prenuptial agreement divests the family court of jurisdiction over property distribution, the proper forum to seek enforcement is in the Circuit Court.

Court's Jurisdiction Over Procedural Requirements In the case of In re Marriage of Dorman, 9 P. 3d 329 (2000), the appellate court considered a promissory note signed only by one spouse.

This can create momentously important issues when spouses who are parties to a non-Australian prenuptial or post-nuptial agreement relocate to Australia or if one spouse is of Australian nationality or there exists another basis for the Family Court of Australia to have jurisdiction over a potential divorce case.

A recent English court case, Football Dataco Ltd et al. v Sportradar GmbH [2010] EWHC 2911 (Ch), has held that at least for some purposes, the jurisdiction of a court over Internet content should be based on where the server was located, and not where the information online was read or used.

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

As the Norwich Pharmacal jurisdiction has enjoyed a revival over the past five years in the wake of the Mohamed case, Disclosure of Information examines the future of the jurisdiction in modern applications such as the internet and social media, journalism, defamation, commercial secrets and fraud.

Jurisdiction over Family Affairs Cases The Family Court has a very broad jurisdiction encompassing all disputes and conflicts within the family as well as all related domestic affairs which are of legal sJurisdiction over Family Affairs Cases The Family Court has a very broad jurisdiction encompassing all disputes and conflicts within the family as well as all related domestic affairs which are of legal sjurisdiction encompassing all disputes and conflicts within the family as well as all related domestic affairs which are of legal significance.

Contrary to the highlighted language in the statute, the Wisconsin District IV Court of Appeals, whose district includes Dane County Circuit Court, took jurisdiction over the Clean Wisconsin case.

Until recently general jurisdiction over a defendant (i.e. jurisdiction over any lawsuit against a defendant without regard to the particular facts of the case) was present in any state where a company has a permanent office for the conduct of business, under half a century of precedent on the issue that traced back to a U.S. Supreme Court case known as International Shoe v. State of Washington, 326 U.S. 310 (1945).

Constitutionally, Congress still has the authority to vest all U.S. District Courts with jurisdiction over any case in which the United States treated as a single state for purposes of general jurisdiction and specific jurisdiction analysis.

A measure opposing the imposition of federal jurisdiction over child custody cases involving members of the military and urging that military deployment not be the sole reason to deny child custody.

The decision halts a 27 - year old expansion of venue in patent cases which began in 1990 when an appellate court expanded venue from a corporation's state of incorporation to any district where personal jurisdiction could be established over the alleged infringer.

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.

As stated in Briggs and Rees Civil Jurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept tJurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept tjurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept to a minimum.

The case law indicates that the merging of the Small Claims Court into the Ontario Court (General Division) in the 1990s did not invest the provincially appointed court with s. 96 powers (Domtar Commercial Roofing and Insulation v. Exeter Roofing & Sheet Metal Co., 1993 CanLII 5563 (ON SC)-RRB-, and it is likely that only federal legislation could do so since s. 96 courts had jurisdiction over copyright matters in 1867.

In particular, the availability of law from other jurisdictions, both case law and legislation, has increased remarkably over the past ten years, improving the quality of our own research product in Canada.

Another case has confirmed the primacy of the Uniform Child Custody Jurisdiction and Enforcement Act («UCCJEA») over local jurisdictional rules that conflict with that statutory scheme.

Represented the claimant in an arbitration arising out of an LME contract for the sale of iron ore (FOB Mumbai), being the only known case in which commercial arbitrators were required by the English High Court to accept jurisdiction over defamation claims.

Many, many years ago a canny old litigator who helped me transfer the first Chancery case to the newly established jurisdiction in Bristol explained over his Rumpolesque glass of claret and bulging waist - coat, that there are two types of litigator.

Attendees of the program met and heard from sitting justices and court officials, who described the Land Court's purpose — its jurisdiction, the matters it presides over, and its methods, procedures, and resources — and the current state of the Court and its cases and workload.

This panel of Canadian legal experts will review case rulings that have taken place in various Canadian jurisdictions over the past year and discuss their practical implications for Factors and Asset Based Lenders operating in the Canadian marketplace.

It follows that nuances and details that have been argued at length over time in common law jurisdictions and upon which there is a rich body of case law to draw on, are in many cases unaddressed in the EU jurisprudence.

Attendees met and heard from sitting justices and court officials, who described the Land Court's purpose — its jurisdiction, the matters it presides over, and its methods, procedures, and resources — and the current state of the Court and its cases and workload.