It would be a mistake to conceive of the creation of the Federal Court
of Australia as merely a pragmatic solution to rationalise the jurisdiction of the existing federal courts
, although proponents commonly cited functional considerations in favour of its establishment.
If the twin aims have their source in the purposes standing behind the congressional grant of jurisdiction, rather than respect for state interests, the fact that a federal court
entertains a state law action is neither a necessary nor a sufficient reason for the twin aims to apply.
In a motion filed in the federal court
in Manhattan, Bank of New York has argued the various legal reasons to keep the case in state court.
LEGAL COMMENTARY: Ordinarily, the fact that the HCQIA was involved would have triggered Federal Court
In Dabit, the Court unanimously ruled that Congress intended all class action lawsuits involving securities listed nationally and traded on a national exchange to proceed in federal court
, where the law is more predictable.
As part of the patent case, the Federal Courts
allow the party's "discovery" of the other party's information in order to gather and build evidence to support their case.
The Superior Court action was necessary because during a federal court
proceeding, RE/MAX claimed not to share in revenue from agent commissions, Sax said.
4379, We the People Act: No federal court
could review a state's laws or regulations relating to the free exercise or establishment of religion; any claim based on the right of privacy; and any equal protection claim involving the right of same-sex couples to get married.
The document, which Scarborough said was endorsed by several leading Religious Right figures, stated that office seekers should support organized prayer in public schools and other public places, a constitutional amendment barring same-sex marriage, laws restricting reproductive rights and limits on the power of federal courts
to hear constitutional cases.
Spellings constitutes the first major legal challenge to the historic education law to be filed in federal court
This rash of federal court
cases moved the Reporters Committee for Freedom of the Press to launch a petition drive in support of a number reporters facing court sanctions for refusing to obey court orders to reveal their sources.
Such laws also burden the federal court
system, promote selective prosecutions, and stack the deck against defendants.
Circuit Court of Appeals has held an insurer didn't waive its right to remove a lawsuit to federal court
in its notification of a covered person's rights.
The Court not only refused Kelly Lesiuk of Winnipeg leave to appeal a Federal Court
of Canada decision which overturned an earlier EI Umpire ruling that the new EI eligibility regulations do indeed discriminate against women and parents but also ordered Lesiuk to pay the costs associated with the appeal application prompting.
PhrMA sued CMS in federal court
alleging that the HMP violates a provision (42 USC [section]1396r-8(b)(1)(A)) that requires manufacturers only to pay rebates for drugs for which payment was made under the state plan.