Sentences with phrase «whether federal jurisdiction»

But if you want a 50 - page memo on whether federal jurisdiction exists in your new case, Eugene is your man.

Not exact matches

This email linked to a supporter survey focused exclusively on what other jurisdictions are doing: equalization, federal business taxes, and whether Alberta should work more with «friendly free - enterprise» Saskatchewan and Manitoba — Canada's only conservative - ruled jurisdictions at present.

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.

Sayre answered that it's not within the state's «jurisdiction» to decide whether a nuclear plant is safe; it's the federal government that makes that decision.

It's unclear whether the federal government, then, would consider Onondaga County a sanctuary jurisdiction, since the current administration has offered no details on how it would determine sanctuary status.

Meanwhile, earlier this month, the Federal Court of Appeal agreed to hear an appeal by air passenger rights advocate Gabor Lukacs over whether the CTA has the jurisdiction to permit NewLeaf to operate without a licence, arguing that other companies that have operated under similar business models have been required to hold licences.

Given that many of these are federal programs run under the State Department or Fish and Wildlife Service, it is unclear whether subnational jurisdictions like states and cities will step in to fill the gap.

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.

But in any event a law providing that the province can dispose of standing timber on any lands in the province would under Tsilhqot» in be both valid and applicable (para 102) to aboriginal title lands because the Supreme Court no longer seems to care whether the power to dispose of resources on title lands is part of the core content of «lands reserved» within the exclusive jurisdiction of the federal government.

If there is any question as to whether drafts of an expert report may be discoverable, especially if the matter is pending in a jurisdiction governed by state law, it may be advisable to negotiate a stipulation that explicitly extends the protection of the Federal Rules to expert discovery.

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.

whether Congress and the executive could strip the federal courts and the Supreme Court of jurisdiction.

Some jurisdictions (e.g. Federal Court, Quebec) allow you to search the entire docket on - line, so one can easily identify any motion, order, direction, etc., whether or not it was reported.

In considering whether causes of action are within the Federal Court's jurisdiction, the Supreme Court has established the following test.

In addition, since this decision concerns the due process limits on the exercise of specific jurisdiction by a State, the question remains open whether the Fifth Amendment imposes the same restrictions on the exercise of personal jurisdiction by a federal court.

Whether the Internet and e-commerce in general are matters of federal or provincial jurisdiction has not been conclusively decided in Canada.

Bashman also suggests that responsibility for ensuring jurisdiction lies with the federal district court and that judges should review the district court's opinions to determine whether jurisdiction has been properly established.

Whether the Ninth Circuit erred in upholding the EPA's assertion of authority to second - guess a permitting decision made by the State of Alaska — which had been delegated permitting authority under the Clean Air Act, 42 U.S.C. § § 7401 et seq. — in conflict with decisions of this Court and other federal courts of appeals establishing the division of federal - state jurisdiction under the Act and similar statutory programs.

Whether it's stripping federal courts of jurisdiction, eliminating agencies or re-reading the commerce clause or the takings clause, the activist conservative court that Bush and Co. want will only make responding to the next disaster harder.

At issue was whether the federal legislation was a valid exercise of the criminal law power under Constitution Act, 1867, s 91 (27), or whether some sections were actually attempts to regulate medical practice and research, and thus outside of the legislative jurisdiction of the federal government.

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

There is a precedent here: when the Quebec government asked the Supreme Court of Canada for a reference on whether or not the federal law on assisted reproduction overstepped federal jurisdiction by in effect criminalizing practices that should be considered as falling within the sphere of provincial health policy, an admittedly bitterly divided Court agreed with Quebec's Attorney General, at least with respect to certain key articles of that law.

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.»

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 case of Barry's Ltd. v. Fishermen, Food and Allied Workers» Union, 1993 CanLII 7764 (NL CA), concerned a dispute over whether a fishing business operated in Newfoundland fell under provincial or federal jurisdiction.

2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the «commercial activity» exclusion to the application of the Foreign Sovereign Immunities Act, thus permitting the federal courts to exercise subject matter jurisdiction over a matter.

The court went on to consider whether, given this overlapping of legislation concerning the processing of fish for export, the work was one that was subject to federal jurisdiction.

At issue: does the Federal Court have jurisdiction to decide whether a municipality's bylaws apply to a company's residential properties.

The question arises whether German courts have international jurisdiction to an action for an injunction on the grounds of violation of personal rights against the reporting on the website of a foreign broadcasting company limited to the territory of the Federal Republic of Germany.

The claim in rem against the pleasure craft was based on s22 (3)(d) of the Federal Courts Act which gives the Federal Court jurisdiction in relation to all mortgages on a ship, registered or not, whether legal or equitable, and whether created under foreign law or not.

Canada's highest court must decide if Insite falls under provincial or federal jurisdiction and whether closing it violates the rights of drug addicts.

The questions as to whether a state could enforce, or would be subject to penalties if it chose to continue to enforce, its own laws following a denial by the Secretary of an exception request under § 160.203 or a holding by a court of competent jurisdiction that a state privacy law had been preempted by a contrary federal privacy standard raise several issues.

via Hot Off the Presses: Highlights & Official Transcript of U.S. Federal Court Hearing on Whether ICOs Are Subject to SEC Jurisdiction LinkedIn.

If you are unsure whether your court has authorized the GoToTrafficSchool.com Federal Way Washington online driver safety course, we suggest that you contact the court that has jurisdiction over your ticket.

an order, or a particular kind of order, made by a court exercising federal family jurisdiction (whether or not the provision also applies to other orders of courts).

(3) A certificate given under subsection (2) is, in all courts (whether exercising federal jurisdiction or not) and for all purposes, prima facie evidence of the matters specified in the certificate.

Whether there's a consistent legal framework in place (contractual or by law) across all jurisdictions - state, federal and international.

A federal appellate court in the District of Columbia has considered whether a Nebraska firm with no office in the District but who transacts business with the District's residents through its website is subject to the court's jurisdiction.

A federal court in New York has considered whether it could exercise jurisdiction over an Iowa website operator for allegedly defamatory remarks posted on the website.