Sentences with phrase «subject matter jurisdiction in»

It is common ground that the supervisory judges had personal and subject matter jurisdiction in this case.

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).

Ideally, the family court would have established subject matter jurisdiction in the removal action, Mother's failure to address that issue in the removal action established subject matter jurisdiction in South Carolina.

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.

These terms, their subject matter and formation and any non-contractual disputes or claims are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in relation to them.

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.

All matters that do or may arise, in any way relating to the use of this Web Site, are subject to and shall be governed, construed and enforced exclusively in accordance with the laws of the country of Canada, as those laws apply to contracts made in Canada, and which are wholly performed in Canada by persons domiciled in Canada and your use of this Web Site is and shall be deemed to be your irrevocable agreement to be subject to the laws and jurisdiction of the country of Canada.

Any person practicing as a veterinary technician in New York state pursuant to this subdivision shall be subject to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the board of regents as if he or she is a licensee and as if the exemption pursuant to this subdivision is a license.

In joining the Programme, you are agreeing to submit to the non-exclusive jurisdiction of the English Courts in relation to any dispute or claim arising out of or in connection with the Programme, these Flying Club Terms, their subject matter or their formation (including non-contractual disputes or claimsIn joining the Programme, you are agreeing to submit to the non-exclusive jurisdiction of the English Courts in relation to any dispute or claim arising out of or in connection with the Programme, these Flying Club Terms, their subject matter or their formation (including non-contractual disputes or claimsin relation to any dispute or claim arising out of or in connection with the Programme, these Flying Club Terms, their subject matter or their formation (including non-contractual disputes or claimsin connection with the Programme, these Flying Club Terms, their subject matter or their formation (including non-contractual disputes or claims).

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.

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.

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.»

Other subjects covered in the course included federal subject matter jurisdiction, the applicable law in the federal courts in diversity of citizenship cases — i.e., the Erie doctrine.

Courts and commentators have consistently considered that «matters» refers to the subject matter that is encompassed by the arbitration agreement and thus subject to the jurisdiction of the arbitral tribunal that issued the award in question.812

«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.

[77] In summary, the Chinese Court had jurisdiction over the matter which is the subject of the foreign judgment, the foreign judgment is final and conclusive, and there is no valid defence.

Since subject matter jurisdiction was established in the prior case, it held she could not challenge it in the TPR case.

Successfully defeating attacks on the federal court's subject matter jurisdiction, and then obtaining summary judgment of foreclosure and title out of foreclosure to the historic beachfront Traymore Hotel in South Beach on behalf of client SR South Beach One, LLC (a spinoff of New York private real estate investment firm Steep Rock Capital).

Given that Twitter is based in San Francisco, California, personal and subject - matter jurisdiction remain thorny issues.

Existing statutory limits on federal court jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum state).

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.

Second, should this question be answered in the affirmative, the referring court asked the CJEU to shed light on the procedural consequences (question 4) and whether in that case the referring court can assume jurisdiction under Article 31, which requires a «real connecting link» between the subject matter of the measure sought and the territorial jurisdiction of the Member State (questions 5 and 6).

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 jurisdictionIn 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 jurisdictionin several jurisdictions.

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.

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.

Although clearly not determinative of this decision, the Court notes that this invention has been found to be patentable subject matter in several other jurisdictions, including in the United States and in Europe.

If the Plaintiff remains in the issuing state, South Carolina might lack subject matter jurisdiction to modify child support or child custody.

In all these matters there must also be subject matter jurisdiction to proceed with the case.

Although the family court lacked subject matter jurisdiction to modify the property provisions in the Final Decree, it did have the equitable authority to enforce the Final Decree.

As outlined above, the family court had subject matter jurisdiction to award full ownership interest in the subject properties to Wife.

Therefore, irrespective of the alleged mistake in the Final Decree, the family court had subject matter jurisdiction to determine the subject properties were marital property and to apportion the subject properties to Wife.

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 first of the points arising in the case concerns the jurisdiction of the circuit court, which is denied first on the ground that the plaintiffs have no such interest in the subject of litigation as will enable them to maintain the suit, and secondly on matters arising out of the alleged proceedings in the suit in the Chancery Court of Louisville.

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)

In Reasons issued on behalf of a unanimous court, Justice LeBel reiterated that jurisdiction must be based upon a «real and substantial connection» between a particular forum and the subject matter of the litigation and that the determination of whether there is such a connection must not be a matter of pure judicial discretion but, rather, be based upon a clear set of presumptive factors that will be applied to whether the courts of a particular province can take jurisdiction.

We have extensive experience representing public utilities subject to the jurisdiction of the Public Utilities Commission of Ohio (PUCO), including litigating service territory matters, defending and prosecuting complaints and other disputes filed by and against public utilities, representing companies seeking PUCO certification and representing companies in all aspects of state regulatory compliance.

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.

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.

Chief Justice O'Connor's majority opinion reasoned that a lack of standing to invoke jurisdiction was not a defect in the trial court's «subject matter jurisdiction,» and, therefore, any lack of standing had to be raised during the case or in a direct appeal from the judgment.

Move to dismiss the case for lack of subject matter jurisdiction on the grounds that I'm the rightful owner in possession.

Far better to ask the Court to resolve it under the special procedure in Article 273 TFEU, which would surely apply: «The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of the Treaties if the dispute is submitted to it under a special agreement between the parties.»

the person against whom the judgment was given had, before the commencement of the proceedings, agreed, in respect of the subject matter of the proceedings, to submit to the jurisdiction of that court or of the courts of that country.

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.

The trial court in the subsequent case sustained a demurrer to the putative class action complaint, holding that it lacked «subject matter jurisdiction» since La Canoas failed to bring a motion in the prior case.

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.

As a denial of jurisdiction over the subject matter of a suit between parties within the realm, over which and whom the court has power to act, can not be successful in an English court of general jurisdiction, a motion like the present could not be sustained consistently with the principles of its constitution.

-- A Federal district court has original subject matter jurisdiction over matters involving citizens of different states and the amount in controversy exceeds $ 75,000.

It has jurisdiction only in three settings: (1) where a party seeks to invoke an equitable right; (2) where the plaintiff lacks an adequate remedy at law; and (3) where there is a statutory delegation of subject matter jurisdiction.

In the Federal litigation scheme, the party asserting Federal court jurisdiction bears the burden of proving subject matter jurisdiction by a preponderance of the evidence.