Sentences with phrase «state courts of jurisdiction»

Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15 - 1439, holding that the Securities Litigation Uniform Standards Act of 1998 did not strip state courts of jurisdiction to adjudicate class actions alleging only violations of the Securities Act of 1933 or authorize removing such actions from state court.
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).

Not exact matches

The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 27 Dispute.
Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
The following year, Monaco filed suit against the State of Mississippi in the U.S. Supreme Court, but the high court refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rState of Mississippi in the U.S. Supreme Court, but the high court refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rCourt, but the high court refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rcourt refused to hear Monaco's claim on the grounds that the «Court has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rCourt has no jurisdiction of a suit brought by a foreign state against a state of the Union without her consent.&rstate against a state of the Union without her consent.&rstate of the Union without her consent.»
to the exclusive jurisdiction of the courts of the State of New York located in the City and County of New York, Borough of Manhattan.
You agree that any disputes relating to this agreement or your use of the Information, whether sounding in contract, tort, statute or otherwise, shall be governed by the laws of the State of New York and shall be subject to the exclusive jurisdiction of the courts of the State of New York located in the City and County of New York, Borough of Manhattan.
Accordingly, the parties agrees that Parent shall be entitled to injunctive relief in the event of a breach of this Section 4.3, including an injunction to prevent any continuing breach or violation of the provisions of this Section 4.3, and the remedy of specific performance to enforce specifically the terms and provisions this Section 4.3 in any court of the United States or any state having jurisdiction.
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.»
The Trustee and the Sponsor both consent to the non-exclusive jurisdiction of the courts of the State of New York and the federal courts located in the borough of Manhattan in New York City.
In 1812 Joseph Story became the youngest judge ever to be appointed to the Supreme Court, and over the course of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the role of the court itself, and its jurisdiction over state an4 national lCourt, and over the course of his lengthy tenure (1812 - 1845) he was Chief Justice John Marshall's right - hand man in defining the role of the court itself, and its jurisdiction over state an4 national lcourt itself, and its jurisdiction over state an4 national laws..
If the Supreme Court somehow obtained jurisdiction over this independent sovereign power, according to Coons it would not be acting «either as or for the state, but as the arbiter of legal sovereigns who need a way to live together by some rule more humane than naked power.»
The act states that «the Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.»
The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims Miscellaneous Terminastate courts of the State of New York shall have exclusive jurisdiction over all claims Miscellaneous TerminaState of New York shall have exclusive jurisdiction over all claims Miscellaneous Termination.
10.1 Any dispute relating in any way to your visit to a Nestlé Waters North America Inc. website or to products or services you purchase through a Nestlé Waters North America Inc. website shall be submitted to confidential arbitration in Stamford, Connecticut, except that, to the extent you have in any manner violated or threatened to violate Nestlé Waters North America Inc.'s intellectual property rights, Nestlé Waters North America Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut, and you consent to exclusive jurisdiction and venue in such courts.
The Parties agree to venue and jurisdiction of the courts in the State of California, County of Orange for actions brought in State court, and County of Los Angeles for actions brought in federal court.
These Terms of Use are governed by the law in force in the State of Iowa, United States, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Iowa and courts of appeal from them for determining any dispute concerning the Terms of Use.
Any legal action or dispute arising out of, relating to or concerning the Terms of Use and the Site shall be exclusively brought in the state or federal court of competent jurisdiction in the State of California,state or federal court of competent jurisdiction in the State of California,State of California, USA.
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts located within the State of Connecticut and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
The federal and state courts of the State of New York shall have exclusive jurisdiction over all cstate courts of the State of New York shall have exclusive jurisdiction over all cState of New York shall have exclusive jurisdiction over all claims
You hereby expressly and specifically waive any objection You may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts.
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BEAM SUNTORY may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Any action relating to this Agreement must be brought in the Federal or State courts located Boston, MA, and you irrevocably consent to the jurisdiction of such courts.
GENERAL PROVISIONS By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such acState of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such acstate or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Challenge Success Web Site.
Jurisdiction You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state or territory determined solely by Parenting Ideas to resolve any legal matter arising from the Terms or related to your use of the Parenting IdJurisdiction You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state or territory determined solely by Parenting Ideas to resolve any legal matter arising from the Terms or related to your use of the Parenting Idjurisdiction of the courts of the country, state or territory determined solely by Parenting Ideas to resolve any legal matter arising from the Terms or related to your use of the Parenting Ideas website.
Any action relating to this Agreement must be brought in the federal or state courts located in Seattle, Washington, and you irrevocably consent to the jurisdiction of such courts.
These terms and conditions will be governed by and construed in accordance with the laws of the State of Maryland and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Maryland.
New York state lost a jurisdiction dispute with the FERC, after the U.S. Court of Appeals for the Second Circuit declined to review whether the federal energy regulator had big - footed the state when it gave the green light to a controversial natural gas pipeline project in Orange County.
The court of appeals handles all appeals except those in the supreme court's exclusive jurisdiction: challenges to the validity of a United States statute or treaty, the validity of a state constitutional provision or statute, cases requiring construction of revenue laws, the title to state office and cases where the death penalty is imposed.
Leaders of Indigenous People of Biafra, IPOB, and Director, Radio Biafra, Mr. Nnamdi Kanu and Col. Sambo Dasuki (retd), former National Security Adviser, NSA, are still being held by the Department of State Security, DSS, despite being granted bail by courts of competent jurisdiction.
«It is also imperative to let the public know that last year, suspects arrested over the mayhem and killings of innocent people in Ile - Ife, Osun State and those arrested in Southern Kaduna crisis in Kaduna State and suspects arrested in connection with Zaki - biam killings in Benue State were all transferred to the Force Headquarters, Abuja for further investigation before they were arraigned in court of competent jurisdiction.
THE battle to determine the standard - bearer of the Peoples Democratic Party (PDP) in Bayelsa State, on Thursday, shifted to the Court of Appeal, Abuja Division, as Governor Timipre Sylva told the five - man panel, headed by Justice Zainab Bulkachuwa, that the PDP had invoked its jurisdiction in order to stall hearing of the substantive matter at the Federal High Court sitting in Abuja.
The proposed legislation also addresses the issue of jurisdiction by streamlining the federal court process and providing concurrent federal and state review.
The court held that the Independent National Electoral Commission (INEC) could continue with the conduct of its supplementary election in the state slated for tomorrow owing to its submission that only the election petition tribunal had the jurisdiction to hear the cases before it.
In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»
For example, when Parliament enacted the Matrimonial Causes Act 1857, which transferred jurisdiction from the ecclesiastical courts of the CoE to the High Court, it stated that the High Court should be «conformable to the Principles and Rules on which the Ecclesiastical Courts have heretofore acted and given Relief&rcourts of the CoE to the High Court, it stated that the High Court should be «conformable to the Principles and Rules on which the Ecclesiastical Courts have heretofore acted and given Relief&rCourts have heretofore acted and given Relief».
Anin Yeboah JSC, a justice of the Supreme Court of Ghana has stated categorically that the instant application brought before the Supreme Court by Dr. Zanetor Rawlings to invoke the court's supervisory jurisdiction is frivolous and unmeritorious one which did not merit the intervention of the highest court of the Court of Ghana has stated categorically that the instant application brought before the Supreme Court by Dr. Zanetor Rawlings to invoke the court's supervisory jurisdiction is frivolous and unmeritorious one which did not merit the intervention of the highest court of the Court by Dr. Zanetor Rawlings to invoke the court's supervisory jurisdiction is frivolous and unmeritorious one which did not merit the intervention of the highest court of the court's supervisory jurisdiction is frivolous and unmeritorious one which did not merit the intervention of the highest court of the court of the land.
A United States commissioner specially designated by the United States District Court for the District of Columbia has like jurisdiction and authority in the case of any person temporarily detained in Saint Elizabeths Hospital, pursuant to section 21 - 903.
And since the state constitution was altered by changing the jurisdiction of the courts vis a vis marriage (by changing marriage as its defined), the whole same - sex marriage law violates the state constitution.
This means updating European laws as they are passed, albeit with no say in them, European Court of Justice (ECJ) jurisdiction and, yes, free movement, although May promised a registration system for new EU arrivals similar to that already used in many continental states.
One of the counts reads: «That you, Dr. Muazu Babangida Aliyu, being the governor (also known as chief servant) of Niger State from 2007 to 2015; Umar Mohammed Nasko, being the former Commissioner for Environment / Chief of Staff to Dr. Muazu Babangida Aliyu, sometime between April 7, 2015 and December 7, 2015 in Minna within the jurisdiction of this honourable court while being entrusted with dominion over money belonging to Niger State Government dishonestly converted to your own use the sum of N1, 090, 000,000, which formed part of the proceeds of the sale of 16 per cent shares of Niger State in the North South Power Company Limited and thereby committed an offence punishable under Section 312 of the Penal Code.»
The arraignment of a former Governor of Katsina State, Ibrahim Shehu Shema and three others was on Tuesday stalled following a motion by the defendants challenging the jurisdiction of the court and the competency of the charge.
A recent appeals court ruling found that school districts weren't under the jurisdiction of the New York State Division of Human Rights.
The group wondered why a court of competent jurisdiction would order the release of Ubah yet the Department of State Services would continue to hold him.
On Tuesday, the case was mentioned in Ibadan Chief Magistrate Court and although the Chief Magistrate in charge of the case, Mrs. Kehinde Durosaro - Tijani adjourned till March 1, 2016, the police officer investigating the death of Lowo and the involvement of his wife, Amos Adewale, informed the Chief Magistrate Court that based on legal advice from the state, the court lacked the jurisdiction to hear the Court and although the Chief Magistrate in charge of the case, Mrs. Kehinde Durosaro - Tijani adjourned till March 1, 2016, the police officer investigating the death of Lowo and the involvement of his wife, Amos Adewale, informed the Chief Magistrate Court that based on legal advice from the state, the court lacked the jurisdiction to hear the Court that based on legal advice from the state, the court lacked the jurisdiction to hear the court lacked the jurisdiction to hear the case.
The EFCC stated this in its response to an application filed by Mrs. Jonathan challenging the jurisdiction of the court to entertain the commission's ex parte application for an order of interim forfeiture of two properties in Abuja registered in the name of the NGO.
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 Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed court even has jurisdiction over each distinct dispute, within a fixed time.
Consequently, the action of the Senate in its resolution against the IGP today is a deliberate blackmail, witch - hunting with mischievous motives to hand - twist the IGP to pervert the end of justice in a felonious and serious offenses of Criminal Conspiracy and Unlawful Possession of Prohibited Firearms for which Senator Dino Melaye who was indicted by two (2) Principal Suspects (Kabiru Seidu A.K.A OSAMA, Nuhu Salisu A.K.A SMALL) arrested for several cases of kidnappings and armed robberies in Kogi State are already standing trial in a court of competent jurisdiction.
«That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 15, 2014, at the Independent National Electoral Commission Headquarters, Abuja, within the jurisdiction of this Honourable Court, did utter a false document to wit: a Statutory Declaration of Age deposed to at the High Court of the Federal Capital Territory, Abuja, on December 15, 2014, by submitting same to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1 (2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.»
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