Sentences with phrase «jurisdiction over the claim»

The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims Miscellaneous Termination.

The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims

«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 Courts of Ghana will have exclusive jurisdiction over any claims arising from or related to, a visit to our Website although we retain the right to bring proceedings against breach of these conditions in your country of residence or any other relevant country.

Because plaintiff failed to do so, the District Court lacked subject matter jurisdiction over her claims.

Notwithstanding any provision of this arbitration provision or the rules and procedures of the arbitration administrator, the Bank will be responsible for payment and / or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.

Two of the judges on the panel agreed with the district court that it had no jurisdiction over the claims because Payne had failed to exhaust administrative remedies under the IDEA.

That court has jurisdiction over claims arising from employment contracts.

The district courts in New Mexico have general jurisdiction over claims when the damages are over $ 10,000, and the magistrate courts have jurisdiction when the damages are under $ 10,000.

But the Court of Appeal went on to find that the California courts had specific jurisdiction over the claims brought by the nonresident plaintiffs.

Affirming, the State Supreme Court applied a «sliding scale approach» to specific jurisdiction, concluding that BMS's «wide ranging» contacts with the State were enough to support a finding of specific jurisdiction over the claims brought by the nonresident plaintiffs.

Under the Act, the Tribunal has jurisdiction over any claim less than $ 150 million.

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site or any aspect relating to use of your data under the Privacy and Cookies Policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

In California, the small claims court has jurisdiction over claims up to $ 10,000.

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

Adrian Chadwick briefs us on the uncertainty of the Special Tribunal's jurisdiction over claims brought by or against Nakheel and its subsidiaries once it is carved out of Dubai World.

The unanimous three - judge panel of the province's top court wrote that the motion judge got it wrong when he ruled the board had exclusive jurisdiction over the claim.

The International Court of Justice has rejected jurisdiction over the claim brought by the Marshall Islands against the United Kingdom, alleging breach of the obligation (under Article VI of the Non-Proliferation Treaty) to negotiate in good faith for nuclear disarmament.

In his view, there was no question that the courts of Ontario could take jurisdiction over the claim against Ontario - based SLF.

The first law provided Mexico's tax court with the exclusive jurisdiction over claims relating to public contracts (which the dispute in the arbitration arose under) and moreover, retroactively changed the statute of limitations to make a claim under public contracts from 10 years to 45 days.

10.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website.

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.

Earlier today, Canada's Supreme Court released a trilogy of long - awaited decisions in which it set universal rules on when courts across Canada can properly take jurisdiction over claims against foreign defendants.

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

In Mannarino v The Estate of Jane Brown, the Superior Court declined to take jurisdiction over a claim involving a motor vehicle accident that took place in New York, even though the limitation period for bringing a claim in New York had since passed.

Justice Skarica considered the factors outlined in Club Resorts Ltd. v. Van Breda for the court to take jurisdiction over a claim.

The plaintiff here alleged that the Northern District had original jurisdiction based on 28 U.S.C. § 1332 (a)(2)-- the diversity of citizenship statute that vests Federal courts with jurisdiction over claims between «citizens of a State and citizens or subjects of a foreign state.»

Clearly, a key component of the developments outside the U.S. is the question whether or not the U.S. courts will or will not exercise subject matter jurisdiction over these claims involving foreign investors.

If a claim arising under federal law is brought by a plaintiff in state court, and if the U.S. District Court would have jurisdiction over the claim if it were brought initially in the U.S. District Court (because, e.g., the defendant is not a state government), then a defendant in the state court case can remove the case to federal court.

assign sole jurisdiction over claims under the legislation on domestic relations and relevant claims under the common law to the tribunal, and remove the jurisdiction of the civil courts;

In Club Resorts Ltd. v Van Breda, 2012 SCC 17, the Supreme Court clarified the rules for when a Canadian court can assume jurisdiction over a claim against a party located outside the jurisdiction.

However, the B.C. Court of Appeal overturned the trial court's decision and accepted jurisdiction over the claim.

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).

While Trudeau, Notley and other Kinder Morgan cheerleaders cite the Constitution for their claim that B.C. has no jurisdiction over interprovincial pipelines, Canadian courts have been much less categorical about paramountcy (the doctrine that federal law automatically prevails when there is a conflict between provincial and federal laws).

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.»

For example, in April 2013, the patriarchate of Antioch broke off communion with the patriarchate of Jerusalem over the dispute about the jurisdiction over Qatar territories, to which both churches lay claim.

Christianity claims jurisdiction over the heart.

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.

The immanentist method claims that reason has jurisdiction over religion and because of that it keeps it in harmony with the other domains of life....

Elsewhere he claimed jurisdiction only over sin, but inasmuch as most human endeavor is tainted with sin, the pope's area of possible jurisdiction was large.

National governments are imposing conflicting legal obligations and asserting competing claims of jurisdiction over data held by computing service providers.

@Ryathal - I think the gist of the problem is that Russia is claiming specifically that they don't have jurisdiction over him.

He claimed that the case was aimed at establishing the High Court's jurisdiction over SPDC, opening the door for further claims.

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

• Amending Chapter 536 of the Laws of 2010 concerning the jurisdiction of the Division of Human Rights over claims made under that statute;

On Wednesday, Samson dropped a lawsuit against the commission in which he claimed it had no jurisdiction over the chairman since it's a two - state agency.

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.

Texas charters achieved a major victory on March 15th when the National Labor Relations Board (NLRB) upheld a June 2017 Administrative Law Judge (ALJ) decision dismissing a concerted activity claim by a former employee of Universal Academy on the grounds that the NLRB does not have jurisdiction over Texas public charter schools under -LSB-...]

Texas charters achieved a major victory on March 15th when the National Labor Relations Board (NLRB) upheld a June 2017 Administrative Law Judge (ALJ) decision dismissing a concerted activity claim by a former employee of Universal Academy on the grounds that the NLRB does not have jurisdiction over Texas public charter schools under the National Labor Relations Act (NLRA).