Sentences with phrase «jurisdictional case»

ATRA Cheers SCOTUS Term's Jurisdiction - Case «Trifecta» Press Releases June 19, 2017 WASHINGTON, D.C., June 19, 2017 — With today's announced decision of a third significant jurisdictional case by the U.S. Supreme Court this term, the American Tort Reform Association applauded the -LSB-...] WASHINGTON, D.C., June 19, 2017 — With today's announced decision of a -LSB-...]

When using each of six different legal research databases, the search algorithms were given the same search terms to find cases in the same jurisdictional case database.

Co-chairs, Sir Michael Barber and Michael Fullan summarized key issues along with an overview grid of contexts, goals and actions of 5 jurisdictional case studies presented.

Not exact matches

A high - ranking New Zealand military officer has been accused of hiding a camera in a bathroom at the nation's embassy in Washington in a case that has raised unusual jurisdictional questions.

When a grisly development is made in the case, Hank (a former military police officer) begins independently investigating a crime that, having occurred on a border, is in jurisdictional uncertainty.

This forecast will serve as a reference case in the CPUC 2010 resource adequacy process and may affect commitment responsibilities for CPUC - jurisdictional load serving entities (LSEs).

That jurisdictional battle rages on, with the cases divided between state and federal courts.

With this, the SCC avoids simultaneous talk with the CJEU and facilitates that EU law - related questions have already been solved when proceedings reach the constitutional jurisdictional level, thus dealing with constitutional cases with all cards on the table.

In his opinion in Case C - 194 / 16 Advocate General (AG) Bobek suggests limiting the jurisdictional competence for infringements of personality rights of legal and natural persons on the Internet to two venues: the place of the domicile of the publisher and the centre of interest of the company whose personality rights have been infringed.

In a comparison of six legal databases — Casetext, Fastcase, Google Scholar, Lexis Advance, Ravel and Westlaw — when researchers entered the identical search in the same jurisdictional database of reported cases, there was hardly any overlap in the top 10 cases returned in the results.

Although the High Court in England can exercise its inherent jurisdiction, such jurisdiction is temporary and the case should then be remitted to the court with primary jurisdiction which more often than not begins a jurisdictional tussle between Scotland and England and Wales.

Acting Presiding Justice Bedsworth, writing for a 3 - 0 panel, adhered to the the law indicating that costs memo time limitations are not jurisdictional and to case law where courts indeed had treated prematurely filed cost bills as timely.

Similarly, if the case involves governmental immunity, federal court jurisdiction or other jurisdictional matters, the lawyer may want to avoid the complications that these factors may entail.

Some federal cases are of the less serious variety, due to jurisdictional issues — such as Native - American Nation Indian Reservations or federal lands.

As a result of his participation in this case, David is very familiar with the Energy Charter Treaty and the jurisdictional issues arising thereunder.

Arish has acted on a wide array of commercial disputes in the English Courts and in English seated arbitrations, including cases involving civil fraud, breaches of fiduciary duty, complex contractual claims, negligence claims, economic torts, shareholder, joint venture, partnership and insolvency disputes and jurisdictional battles (amongst others).

Following the sentencing in the case of school teacher Jeremy Forrest, Tuckers» Partner Phil Smith has been explaining the legal framework of the proceedings relating to his client, including the complication relating to the cross jurisdictional issues as a result of Mr Forrest being arrested in France under a European Arrest Warrant.

timely filing of a notice of appeal in a civil case is a jurisdictional requirement.

The case of USA v Nolan tackles an important jurisdictional point within employment law, says John McMullen

The case law describing the range of circumstances invoked by open - ended lists of factors and interpreting phrases such as «undue hardship,» and similar idiomatic expressions such as «unless the court otherwise orders» and «unless it would be inappropriate,» must be consulted to properly understand the law, creating a significant barrier to justice for people not trained in legal research and the jurisdictional nuances of stare decisis.

In this case, Section 230 likely would have played a role had the suit not been dismissed for jurisdictional issues.

Orexim's s. 423 and declaration claims did not show a good arguable case of falling within a jurisdictional gateway.

Recent cases include: Axiom Litigation Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Nevis.

His more recent cases include: VTB v Nutritek jurisdictional issue in # 200m bank fraud before the Supreme Court; Latmar v Lembergs CA dealing with jurisdiction under Art 6 (1) of the Brussels I Regulations.

Some federal cases are of the less serious variety, due to jurisdictional quirks — such as Indian Reservations or federal lands.

On the 4th of July, the International Court of Justice (ICJ) decided that Greece can intervene in the Jurisdictional Immunities of the State case (Germany v. Italy).

This sentence, which begins the decision in the Ontario Essilor case, signals the basis of the jurisdictional issues that professional regulators face when health professionals provide online services or products across provincial borders: College of Optometrists of Ontario v. Essilor Group Canada Inc., 2018 ONSC 206.

As noted above, the European Commission's brief makes two basic arguments, the first substantive and the second procedural: (1) that the jurisdictional limits of the ATS should be defined by reference to international law, in particular that the US should allow universal civil jurisdiction only in cases where universal criminal jurisdiction would normally apply; and (2) that the US's exercise of universal civil jurisdiction must be constrained by the procedural limits imposed by international law, in particular by an exhaustion requirement.

It had to establish a good arguable case that the parties concluded the alleged jurisdictional agreement.

New jurisdictional and topical law reports, combined with dramatic increases in the number of cases published in the established law report series, overwhelmed both the legal research community and the Canadian Abridgment.

However, take away the analysis and the commentary and publishers of law reports are, in my view, still providing value added — especially in the jurisdictional law reports such as the DLRs — simply by virtue of selecting which cases to publish.

The jurisdictional basis of the case is the compromissory clause in the Pact of Bogota, and the cases raises issues of international watercourses and environmental law.

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.

The firm has been involved at the national level in a variety of cases that have established precedent in many important jurisdictional and procedural areas.

The court's ruling will help to curtail lengthy litigation over jurisdictional issues in cases where patent counterclaims that form the basis for removal fail to present a justiciable Article III case or controversy.»

In order to obtain permission, the claimant will have to show (in relation to each cause of action which forms part of the claim) that: (1) there is a serious issue to be tried in relation to the foreign defendant (i.e. the claim must have a real prospect of success); (2) there is a good arguable case that the claim falls within one or more of the «jurisdictional gateways» set out in the Civil Procedure Rules; and (3) England is clearly the appropriate forum for the case and the Court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

Craddock has «top - level expertise» in international child abduction cases but his «knowledge across family law knows no bounds»; he has been particularly active in Hague Convention proceedings with associate Gemma Kelsey, who is «one to watch for jurisdictional matters».

The Plaintiff, and, in child custody cases, the child, still need to meet jurisdictional requirements that are often based on residency to pursue divorce or custody cases here.

Hodgson's panel, «The Law as a Primary Tool,» will examine such topics as the law and rules applicable to the arbitration agreement and jurisdictional issues in view of latest case law; the law applicable to ancillary issues, such as incorporation of companies, powers of attorney and other issues of representation; the law applicable to the standard of proof and evaluation of evidence; and laws potentially relevant in cases involving States.

In pursuing our goal to improve the conditions of our general client population through family law assistance, the CLSMF Family Law attorneys focus mainly on assisting domestic violence clients in obtaining injunctions for protection, initiation of Dissolution of Marriage actions, and custody litigation (including custody jurisdictional challenges and relief in cases of child abduction).

To the extent that extrinsic restrictions on class actions — i.e., limits on the ability of representative plaintiffs to appeal certification orders (as in Baker), and jurisdictional restrictions on bringing cases in «plaintiff - friendly» jurisdictions (as in Bristol - Myers)-- were tightened, class actions will become harder to maintain and litigate.

We have developed a specific expertise in complex financial cases particularly those involving businesses, offshore assets, pensions and jurisdictional issues.

The European Court of Justice (ECJ) issued a judgment on important jurisdictional matters for cartel follow on cases; while it is being criticised for what it says (or does not say) about the applicability of arbitration clauses, its real practical meaning may lie in the claimant - friendly and clear decision that cartel victims can sue cartelists in the court of the cartel victim's domicile.

Because it was a jurisdictional motion to quash (even if it touched on the merits of the case), it was to be heard «at an early date».

These differences relate to jurisdictional differences, sub-practice area differences, case volume differences, and most often and simply personal differences in how a law practice should be run.

He also has a particular interest in complex civil fraud cases, for both claimants and defendants, including obtaining and enforcing interim remedies, applications to commit for contempt, and jurisdictional issues, both in England and offshore.

Paul has wide experience of commercial litigation, including cases involving jurisdictional and choice - of - law issues.

In the family law realm, topics have included interviewing children and assessing their credibility, cultural fluency in family court, evidentiary issues in family and child protection cases, adoption, and jurisdictional issues in custody cases.

As was noted in the Stevedores case -LRB-[1955] SCR 529), paragraph 2 (i) is «merely an omnibus paragraph»; it does not create any new jurisdictional powers.

She even had some love for the arguments of Scott Dodson (Hastings), who filed an amicus brief putting forward his theory that a jurisdictional rule is any rule, regardless of source, that places a case in one court and out of another.