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.&r
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.&r
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.&r
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.&r
Court has no
jurisdiction of a suit brought by a foreign
state against a state of the Union without her consent.&r
state against a
state of the Union without her consent.&r
state 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 l
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 l
court 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 Termina
state courts of the
State of New York shall have exclusive jurisdiction over all claims Miscellaneous Termina
State 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 c
state courts of the
State of New York shall have exclusive jurisdiction over all c
State 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 ac
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 ac
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 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 Id
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 Id
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 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&r
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&r
Courts 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.»