Sentences with phrase «subject matter jurisdiction for»

This definition is an essential element to the CFTC's case, as it serves as the sole basis for the CFTC's jurisdiction to bring these claims and it serves as the sole basis for the federal question that provides subject matter jurisdiction for this court.

Not exact matches

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

A court of competent jurisdiction in Washington, DC shall be the exclusive forum for the resolution of any dispute between you and the Endocrine Society, and you irrevocably consent to the personal and subject matter jurisdiction, and venue, of such court.

Charges of misconduct which fall under the jurisdiction of The American Kennel Club (AKC rules, both for conduct at dog shows as well as other matters pertaining to purebred dogs), will be subject to AKC rules and adjudication procedures.

In June 2009, the court granted defendants» motion to dismiss for lack of subject matter jurisdiction finding that plaintiffs» federal claim for nuisance is barred by the political question doctrine and for lack of standing.

This is certainly true in Wisconsin: «When the action is an action affecting the family, and when the residence requirements... have been met, a court having subject matter jurisdiction need not have grounds for personal jurisdiction in order to make a determination of the status of a marriage.»

For a particular court to be an appropriate place to file a case, two types of jurisdiction must exist: personal jurisdiction and subject - matter jurisdiction.

The usual response is for the defendant to challenge the plaintiff's choice of forum by bringing a motion to stay the action based upon lack of subject - matter jurisdiction and / or personal jurisdiction (the reformulated Van Breda test for assumed jurisdiction based upon a «real and substantial connection»).

In terms of subject matter interest, acting for professional trustees who owned the investment adviser to one of the largest Madoff feeder funds, involving claims totalling some $ 1.3 bn and litigation in several jurisdictions.

Subject - matter jurisdiction under the Rome Statute can be found even for non-signatories when the matter is referred to the court by the Security Council, as was the case with Sudan.

Upson subsequently attempted to litigate custody in the District of Columbia, but Wallace's motion to dismiss for lack of subject - matter jurisdiction was granted.

Thus, at heart, the UCCJEA is a subject matter jurisdiction statute, for it defines which state may take jurisdiction to decide a child custody case.

From 11 January 2009, Rome II created a harmonised set of rules within the EU to govern choice of law in civil and commercial matters (subject to certain exclusions) concerning non-contractual obligations, including, as in this case, specific rules for tort (and its near - equivalent in many European jurisdictions, delict).

The Class Action Fairness Act of 2005 (CAFA) greatly expanded the federal courts» jurisdiction over class actions by relaxing the requirements for federal subject matter jurisdiction.

However, certain factors must be met in order for defendants to remove a claim to federal court, such as the federal court also having original subject matter jurisdiction or whether the product was manufactured according to federal specifications.

The idea of a dismissal is scary enough for an inexperienced pro se litigant, but the term subject matter jurisdiction adds an extra layer of apprehension.

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.

If you're convinced a claim's being litigated in the wrong division of the right circuit court (in other words, you're not challenging venue or the circuit court's subject matter jurisdiction), what you need to do is have the case transferred to the correct division — NOT move for dismissal.

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.

An objection to jurisdiction on the ground of exemption from the process of the court in which the suit is brought, or the manner in which a defendant is brought into it, is waived by appearance and pleading to issue, but when the objection goes to the power of the court over the parties or the subject matter, the defendant need not, for he can not, give the plaintiff a better writ.

the United States District Court for the Eastern District of Virginia granted Respondents» motion to vacate for lack of subject matter jurisdiction.

In Georgia, a Superior Court will only have subject matter jurisdiction if one of the divorcing spouses has been a «bona fide» resident of Georgia for six months prior to the filing of the divorce action.

The fact that the lawyer is subject to the disciplinary authority of this jurisdiction may be a factor in determining whether personal jurisdiction may be asserted over the lawyer for civil matters.

The defendants removed the case to the U.S. District Court for the Southern District of Indiana on October 10, 2012, citing that court's subject matter jurisdiction over the plaintiffs» constitutional claims.

By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above).

To date, the Rome Statute (pdf) only had subject - matter jurisdiction for three crimes, as listed under Article 5:

Accordingly, the Board has exclusive jurisdiction over the subject matter and, therefore, the action must be commenced within the one - year limitation period before the Superior Court can assume jurisdiction for claims exceeding $ 25,000.

Specifically, it clarified the rules for applying the real and substantial test to determining if there is a sufficient connection between the subject matter of the action and the jurisdiction for determining jurisdiction simpliciter.

Motion To Dismiss For Lack Of Subject Matter Jurisdiction / Plea To Jurisdiction 6.

Oct. 25, 2016), the court has been rather hostile to such removals, swiftly remanding case after case for lack of subject matter jurisdiction.

A court may not recognize a foreign - country judgment if: the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the International Institute for the Unification of Private Law to govern resolution of transnational disputes; the foreign court did not have personal jurisdiction over the defendant; or the foreign court did not have jurisdiction over the subject matter.

Finding the joinder of all sixty - four plaintiffs» claims proper, the court ordered the case remanded to state court for lack of subject matter jurisdiction.

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.

Access to and use of this website is subject to and governed by the laws of India and the Courts in Bangalore, India shall have exclusive jurisdiction in relation to any matter that may arise in relation thereto User's access of this website is at their own risk and the User shall be responsible for compliance with any other laws to which the User may be subject.

An Illinois court has subject matter jurisdiction to enter a judgment of dissolution of marriage if either party has maintained Illinois residency for 90 days by the date of judgment.

(2) Subject to subsection (5) and section 69K, jurisdiction is conferred on each court of summary jurisdiction of each Territory in relation to matters arising under this Part (other than proceedings for leave under section 60G).

(1) Subject to subsection (5), each court of summary jurisdiction of each State is invested with federal jurisdiction in relation to matters arising under this Part (other than proceedings for leave under section 60G).

By requiring the ARELLO ® Examination Accreditation in requests for proposals and contract specifications for examination services, jurisdictions can be confident and trust that a systematic, independent review by subject matter and measurement experts is «Ensuring Standards in Examination Development» that are both valid and defensible.

107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restiMatter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restimatter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restimatter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restimatter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained