Sentences with phrase «waiver of immunity»

Instead, a plaintiff needs to affirmatively show jurisdiction by claiming a valid waiver of immunity.

Moreover, within the framework of many IIAs, the age - old issue of sovereign immunity may be circumvented as waivers of immunity are often expressly agreed in the IIA itself.

Rensselaer County District Attorney Joel Abelove declined to obtain a waiver of immunity from a Troy police sergeant when the officer testified before a grand jury that cleared him of wrongdoing in the shooting death of a Watervliet man, according to two people briefed on the matter.

Rensselaer County DA Joel Abelove declined to obtain a waiver of immunity from a Troy police sergeant when the officer testified before a grand jury that cleared him of wrongdoing in the shooting death of a Watervliet man.

The official misconduct charges accuse Abelove of withholding evidence from the grand jury investigating Thevenin's death and failing to secure a waiver of immunity from French as a condition of him testifying before the grand jury.

Her lawsuit alleged that the defendants acted maliciously, in bad faith, or in a wanton or reckless manner, and that this level of culpability justified a waiver of the immunity granted to city employees.

The County argued she hadn't pled and couldn't prove the waiver of immunity.

No provision of this section, or of any other section of the Florida Statutes, whether read separately or in conjunction with any other provision, shall be construed to waive the immunity of the state or any of its agencies from suit in federal court, as such immunity is guaranteed by the Eleventh Amendment to the Constitution of the United States, unless such waiver is explicitly and definitely stated to be a waiver of the immunity of the state and its agencies from suit in federal court.

Waiver of immunity is at the center of another cholera case against the UN, this time in the Eastern District of New York.

The NJSP's «litigation conduct did not amount to a waiver of immunity,» nor is the NJSP «estopped from asserting the defense of sovereign immunity against plaintiff's ADA claim,» the majority held.

Gloster J rejected Svenska's arguments that the waiver of immunity in JVA, Art 35 amounted to a submission to the English courts within the meaning of SIA 1978, s 2.