"Jurisdictional issues" refers to situations where different legal authorities or courts disagree or are unsure about which one has the power or control to make decisions or enforce laws on a particular matter.
Full definition
The reassertion
of jurisdictional issues in the battle between B.C. and Alberta over the completion of the Trans Mountain pipeline project is «sharpening public opinion on the matter,» according to a new poll by Angus Reid Institute.
What effect will the recent Court of Appeal decision of Erste Group Bank AG v JSC «VMZ Red October» have on
jurisdictional issues in English law?
(I have previously reported
on jurisdictional issues re such cases; searching the tag «damages» should help the reader).
James has extensive experience in high value and complex cases, and in particular he has gained specialist experience in cases involving
complex jurisdictional issues including accidents occurring abroad and at sea.
Acting for individuals
with jurisdictional issues in Nigeria, Egypt, and South Africa, necessitating multi-layered litigation in the UK and the countries in question, not only in relation to money, but also the return of children that have been abducted or unlawfully retained.
Jagmeet Singh, meanwhile, waded into the impasse in Ottawa by proposing that the Trudeau Liberals work with the British Columbia government on a joint reference question to the Supreme Court of Canada, fast - tracking a resolution to what the federal NDP leader calls
jurisdictional issues arising from B.C.'s objections to the project.
We have expertise in complex cross-border corporate insolvencies, including international corporate restructuring schemes and matters under the Cross-Border Insolvency Regulations, often involving
complicated jurisdictional issues.
State immunity would have been enough on its own to dispose of the injunction, but the court also dealt with the important
jurisdictional issues raised by ETI's reliance on Civil Jurisdiction and Judgments Act 1982, s 25 as the basis for the court's jurisdiction
The parenting plan must take into account the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, the Parental Kidnapping Prevention Act, and the Hague Convention on the Civil Aspects of International Child Abduction when
addressing jurisdictional issues.
Alabama has enacted laws dealing with
jurisdictional issues related to child custody that adhere to the Uniform Child Custody Jurisdiction and Enforcement Act, which it has adopted.
Singh, who has long stood in opposition to the project on the grounds that it was approved under what he calls flawed environmental assessment rules adopted by the previous Conservative government, said Wednesday the Trudeau government should, in tandem with B.C., ask the Supreme Court for a reference to resolve what he
calls jurisdictional issues.
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.
We respectfully submit that an
important jurisdictional issue and constitutional question is presented by this case, and that a failure of the Supreme Court to review the findings of the Board of Governors will have the effect of voiding the Judicial Immunity Doctrine, and will destroy the justification for the existence of the Judicial Conduct Commission.
Although the rise of virtual tools represents a stark departure from the world of traditional desktop - based software,
where jurisdictional issues were a moot concern, the realities of the «cloud» are no more transient than the internet itself, and legal regulators need to consider the changing technical landscape as a part of regular policy revision.
We can advise and represent you or your business on
jurisdictional issues concerning your claims in relation to the online defamation and the likelihood of liability of the author, publisher, registrant (owner) of a website, blog, social media or forum, or internet service provider hosting such online presence.
Putting
aside jurisdictional issues, you'd have to establish, first, that they were responsible (whatever «responsible» means in this context) for the dissemination of the news of their lawsuit.
The report identified areas of possible development, including legal clarifications around smart contracts, initial coin offerings, and
other jurisdictional issues raised by the tech.
If you receive papers from a foreign country, keep in mind there are
many jurisdictional issues, such as what country is involved, where the spouses live or have lived, and where the children (if any) live.
This geopolitical shift is accompanied by heightened attention to historical
maritime jurisdictional issues involving a more assertive China and robust responses by Japan, Philippines and Vietnam in particular.
«But everywhere else in Canada you're a part of the class action unless you opt out,» added Merchant, noting that in most circumstances Quebec is also an opt - out province unless there are
certain jurisdictional issues.
The relative «newness» of the regulations, coupled with the complexity of
jurisdictional issues between federal and state regulations, doesn't help.
«The stop gap provisions would have been implemented only in the event the U.S. Supreme Court denies the FERC's petitions seeking review of the Electric Power Supply Association v.
FERC jurisdictional issue.»
Anna has a particular interest in complex discrimination claims and has specialist knowledge of partner discrimination and whistleblowing issues and related
cross-border jurisdictional issues.
Representation included enjoining of wildcat strikes and defense of
union jurisdictional issues, unfair labor practice charges and grievances and arbitrations.
John - Paul Boyd, another of the Society's founding directors, has written a paper on some of the legal and
jurisdictional issues potentially involved in parenting coordination.
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.»
It found that by declaring Métis and non-status Indians as Indians, it would resolve a
longstanding jurisdictional issue in which both provincial governments and the federal government have denied legislative responsibility in respect of Métis and non-status Indians, leaving them in a jurisdictional wasteland «with significant and obvious disadvantaging consequences».
Working on cross-border transactions, he has traveled with clients across Europe, Middle East, South Africa and Asia dealing with
local jurisdictional issues and liaising with local counsel.
A scholarly overview of the
U.S. jurisdictional issues can be found in an article in the Winter 2008 issue of the New York International Law Review entitled «Ebb and Flow: The Changing Jurisdictional Tide of Global Litigation» (here).
In this regard, we are able to leverage our considerable experience as top - shelf litigators in diverse legal areas, knowledge and understanding of
complex jurisdictional issues, and familiarity with the venue, various designated Bankruptcy Trustees, and local Bankruptcy Bar to attain premium, cost - effective results in the Bankruptcy arena.
The parenting plan must take into account the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, the Parental Kidnapping Prevention Act, and the Hague Convention on the Civil Aspects of International Child Abduction when
addressing jurisdictional issues.
After determination
of jurisdictional issues by the Admiralty Court, the remaining claim for salvage which Salvors were held to be entitled to pursue was eventually settled.
Mass transit accident litigation can be highly complex, especially in the case of an airplane crash,
where jurisdictional issues may arise.