Sentences with phrase «subject matter jurisdiction because»

One of my main arguments will be that the court lacks subject matter jurisdiction because the accuser lacks standing under grounds of a not asserting a concrete injury - in - fact.

The District Court held that it lacked subject matter jurisdiction because Family Rehab had not exhausted its administrative remedies.

Not exact matches

This Court has subject matter jurisdiction under 28 U.S.C. § 1332 because there is complete diversity of citizenship between Plaintiff and Defendant, and the amount in controversy exceeds $ 75,000, exclusive of costs and interests.

Because plaintiff failed to do so, the District Court lacked subject matter jurisdiction over her claims.

We hold that the District Court lacked subject matter jurisdiction over Polera's claims under the Americans with Disabilities Act («ADA»), 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, because she failed to exhaust her administrative remedies.

The Pennsylvania Superior Court agreed and held that although belatedly asserted, the defense of immunity was not waivable because it addressed the court's subject matter jurisdiction.

However, the analysis in the common law jurisprudence is less clear, in part because civil procedure rules in the common law provinces treat exceptions based on irrecevabilité and subject matter jurisdiction similarly, or do not even distinguish them, while personal jurisdiction is addressed separately through the rules on service.

Ruigerio v Lubienski Michigan Court of Appeals Docket Nos 325254, 325257 (August 30, 2016)(affirming lower court decision to transfer case from circuit court to probate court because probate court had exclusive subject matter jurisdiction)

Brott v United States 858 F3d 425 (6th Cir 2017)(Amici Curiae National Federation of Independent Business, Cato Institute and Southeastern Legal Foundation)(rejecting claim that property owners were entitled to jury trial in an Article III court because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal Claims)

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.

Nevertheless, the complaint must be dismissed because quite apart from the question of service on the principal defendants, there is no factual basis for the exercise of this court's subject matter jurisdiction.

(2) where the jurisdiction has bar licensing exams, you passed them because you knew the subject matter adequately;