In the order appealed from, the Family Court granted the mother's motion to dismiss the father's petitions based
on lack of subject matter jurisdiction.
The court's straightforward application of the statutory bar to appellate review of remand orders based
on lack of subject matter jurisdiction rejects the notion that the AIA somehow creates an exception to that longstanding bar to appellate review.
Not exact matches
Jay - Z argued, among other things, that the federal court
lacked subject matter jurisdiction over alleged violations
of Egyptian «moral rights,» but in an opinion issued
on May 2, 2011, U.S. Judge Christina Snyder disagreed.
Where an inquiry committee
of a college under the BC Health Professions Act summarily dismisses a complaint,
on the basis the college
lacks jurisdiction over the
subject matter of the complaint (e.g., a financial dispute between the parties), the Health...
Quebec civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based
on absence
of personal or
subject -
matter jurisdiction (compétence)[Quebec Code
of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss
on other grounds: (i) res judicata or lis pendens, (ii)
lack of legal capacity to sue or be sued, (iii) plaintiff's
lack of standing, and (iv) no reasonable cause
of action [C.C.P., arts. 165 - 167].
In the Smith Rocke case, the U.S. District Court for the Southern District
of New York issued a decision
on January 27, 2014, holding that it
lacked subject matter jurisdiction under the FSIA for similar reasons.
Move to dismiss the case for
lack of subject matter jurisdiction on the grounds that I'm the rightful owner in possession.
Iraq (the new government) moved to dismiss for
lack of subject matter jurisdiction, arguing that it was not a party to the contracts (rather SOMO was) and that the alleged breaches did not have direct effect
on the U.S. because the place
of performance was Iraq and that there was no evidence that any oil would go to U.S. customers.