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 unkn
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 unkn
cases 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 s
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 s
jurisdiction 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 t
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 t
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 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.