Sentences with phrase «whether federal courts»

There's a split over whether federal courts exercising bankruptcy jurisdiction should apply federal choice - of - law principles or the choice - of - law principles of the forum state.

J. Craig Williams sounds disappointed that the 9th U.S. Circuit Court of Appeals has declined to answer whether federal courts have jurisdiction over out - of - state Internet retailers.

A second issue raised in the petition was whether a federal court may decline to address an argument that a shorter sentence is needed to avoid sentence disparities.

And for any readers who simply can't get enough when it comes to appeals involving the law school subjects of federal courts and civil procedure, today the U.S. Court of Appeals for the Ninth Circuit issued a decision resolving «whether the federal court in Guam has jurisdiction in disputes exclusively between aliens.»

It will be interesting to see whether the Federal Court of Appeal takes that opportunity.

Here is the issue presented for review in this case: Whether a federal court is required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford sanctioned parties the protections of criminal due process.

Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.

The discussion paper asks whether the Federal Court should be able to make determinations that cover matters beyond native title and what matters should form part of a «broader determination».

Not exact matches

Next week, the Supreme Court will hear arguments for two cases that will decide whether your business is equivalent to a person, and whether companies can also seek exemptions from federal law based on religious beliefs.

Same sex marriage is now legal in 36 states, and the Supreme Court will issue a final ruling on whether such couples have a federal right to marry in June.

While the courts usually side with the federal government in conflicts with the states, legal experts are split on whether in this instance the states have a legitimate case to make, Speta said.

[7] The federal corporate income tax code's limits on the deductibility of corporate charitable giving are often used by analogy by courts seeking guidance on whether a gift was reasonable in amount.

«Whether the Supreme Court opts to review Gordon v. CFPB will have major ramifications for all federal agencies, those whom they regulate, and the survival of the Constitution's constraints on the President's appointment power.»

The spectacle that Shkreli created around himself and his company Turing Pharmaceuticals since late summer, even as the criminal probe proceeded, raised the question of whether he had any idea of the risk he was running — or whether his conduct was part of a plan to beat the rap in Brooklyn federal court and generate business.

New legislation could allow for injunctions to prevent a troll from filing a U.S. lawsuit while Canada's Federal Court rules on whether the Canadian company has infringed on an asserted patent.

When questioned by Tatts» shareholder Charlie Green of Hunter Green Institutional Broking whether the falling value and performance of both Tabcorp and Tatts in recent months meant the deal should be revisited, Mr Cooke said it «would be premature to form conclusions» before legal action brought the Australian Competition and Consumer Commission in the Federal Court and regulatory approvals were finalised.

As cases in federal court and several state courts delve into whether there is evidence that glyphosate causes cancer, a scientist with a consumer...

Cohen's disclosure comes on the eve of a Thursday court hearing in New York where a federal judge is poised to decide whether to appoint a special master to oversee the examination of documents seized from Cohen's office earlier this month to determine if they should be shielded from federal investigators by attorney - client privilege.

Today, the U.S. Supreme Court is hearing Christie et al vs NCAA et al, the crux of which is whether the state of New Jersey can legalize sports betting in its state, despite a 1992 federal law that banned sports betting everywhere in the U.S. except Nevada.

Based upon this analysis, we provide our clients with recommendations concerning whether they should: (1) move to be appointed lead plaintiff; (2) file an individual non-class action in federal or state court; or (3) take no active role, that is, remain a class member in an action initiated by others.

OTTAWA — The Federal Court has put aside for possibly another day whether Canada's parliamentary budget officer has a legal right to demand the government turn over information on its

even if he didn't quite mean it: In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president's bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the....

In a twist on the hotly contested national debate on church - state matters, the Supreme Court will decide whether a teacher at a religious school can sue under a federal law against workplace discrimination.

Whether or not the Christic Institute succeeds in proving all of these charges before reluctant federal courts, there is ample evidence from other sources of a constitutional crisis.

He then brought a new case in the federal courts to consider, among other things, whether a state could reverse the «once free, always free» principle under which the St. Louis County Court had ruled in Scott's favor.

The Court has repeatedly said that its function is not to judge the wisdom or the policy of laws, but only to judge whether or not they are exercises of powers granted to the federal government by the Constitution or denied by it to the states.

The AFR reports (Sue Mitchell, page 19) that Metcash may learn this week whether or not the Federal Court will block the proposed acquisition of Franklins.

The Federal Court has said that when they look at what is «fair», they look at whether the copyright owner would be out of pocket, and whether the person used the material for commercial purposes.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

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.

Federal appeals court judges weighed whether they should consider Trump's previous statements supporting a complete ban on Muslims entering the country when ruling on his revised order to suspend travel from six Muslim - majority countries.

Recent rulings by federal and state courts have cast judges as the most potent critics of stop - and - frisk, raising questions about whether the city has sidestepped the Constitution in the drive to keep crime rates low.

As federal courts move to decide whether to intervene on the Congressional redistricting process, the last ditch legal efforts on behalf of Albany's legislative leaders to dismiss the lawsuit was rejected by a three judge panel this evening.

A year after a court annulled town laws setting overnight curfews at East Hampton Airport, town officials opened discussions this week about whether to apply to the Federal Aviation Administration for permission to reinstitute restrictions in order...

The federal appellate panel in Manhattan questioned whether Silver's misdeeds qualify as public corruption since the Supreme Court unanimously held that in accepting $ 175,000 in luxury gifts, McDonnell had given little more in return than setting up a few meetings and phone calls.

A Manhattan federal judge said that she will decide whether Ravi Ragbir, the immigrants - rights activist who was detained last week — sparking a protest and nearly 20 arrests — should be brought back to New York from Miami while he fights deportation in court.

In an unusual move, a federal judge in Brooklyn has told the city to prepare for a court hearing that will examine whether police lying goes largely unpunished.

Meanwhile, a U.S. District Court is expected to rule soon on whether the Republican challengers will be permitted to intervene in the federal lawsuit that argues the challenge / fee system violates the U.S. Read more»

March 16, 2018 has been fixed by a Federal High Court Abuja for ruling on whether the governor have not been registered in Kogi state is fit to be governor.

Granholm did not hold back, however, about whether Obama should be looking at candidates who are not currently sitting federal judges — a suggestion made often by Senate Judiciary Chairman Patrick Leahy, D - Vermont, whose committee holds hearings on Supreme Court nominees.

Tonight, State of Politics Nick Reisman reports A three - judge panel on Wednesday will decide whether to dismiss a lawsuit challenging the redistricting process, with a hearing taking place in Brooklyn federal court at 2 p.m..

Thus, without deciding the issue of whether the interim provisional ballots (or those provisional ballots available under section 115.427.3's exception to the Photo - ID Requirement) are available only for federal or statewide elections and primaries, the Court holds that the transitional provisions of section 115.427.13 must be struck down together with the permanent provisions of SB 1014's Photo - ID Requirement because the former is not severable from the latter.

The fate of former National Security Adviser (NSA) Col. Sambo Dasuki is set to be decided upon as an Abuja High Court will on Monday February 8, 2016 rule on whether to discharge him or not from the criminal charges brought against him by the Federal Government.

«The Senate leadership has been briefed by our lawyers on last Thursday's judgement of the Federal High Court, Abuja, on whether the Senate has the legal authority to suspend a member for certain misconduct or not.

The party's lawsuit over whether Lindsay should have been on the party's presidential primary ballot has a hearing in federal court in Sacramento on August 27.

«The only point which this court ought to decide at this sitting is whether the Federal High Court ought to defer to the Supreme Court in a situation where the Supreme Court has already started hearing the same macourt ought to decide at this sitting is whether the Federal High Court ought to defer to the Supreme Court in a situation where the Supreme Court has already started hearing the same maCourt ought to defer to the Supreme Court in a situation where the Supreme Court has already started hearing the same maCourt in a situation where the Supreme Court has already started hearing the same maCourt has already started hearing the same matter.

Leibell, R - Carmel — who pleaded guilty in December to obstructing a federal grand jury that was investigating whether he extorted cash payments from lawyers working in Putnam County and failed to report on his income tax returns tens of thousands of dollars in cash payments he received from those lawyers — was to be sentenced in federal court in White Plains this coming Monday.

Nwoye also asked the EFCC witness to confirm to the court whether the contract was initiated by the office of the National Security Adviser where the Army Officer served or the Federal Ministry of Water Resources and which he answered in favor of the latter.

After hundreds of hours of testimony — sometimes explosive, sometimes plodding — about whether Joseph Percoco, a former aide to Gov. Andrew M. Cuomo, sold his influence in state government, the case in Federal District Court in Manhattan has gone to the jury.

http://nypost.com/2014/01/09/judge-lawyer-spar-over-use-of-the-n-word-in-stevenson-trial/ Manhattan federal court's top judge got into a heated debate on Thursday with a black lawyer on whether the N - word can ever be interpreted as a «term of endearment.»