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30 Jul 2008, 11:31 pm
But subject matter jurisdiction goes to the very power of the court to act, and regardless of the waste resulting from having completed proceedings later vacated by a late-discovered jurisdictional defect, an order or judgment entered by a court without subject matter jurisdiction is a nullity.Of course, you could also say shame on the defendant for not raising the issue in a 12(b)(1) motion at the outset. [read post]
18 Jun 2020, 1:52 pm
It didn't matter to us-Vermont Grad B syrup being our preferred topping for Sunday Waffles. [read post]
30 Nov 2023, 6:00 am by Public Employment Law Press
Citing the decision in Matter of Marsteller, 217 AD3d 543, the Appellate Division said "(t)he affirmation of Eric J. [read post]
30 Nov 2023, 6:00 am by Public Employment Law Press
Citing the decision in Matter of Marsteller, 217 AD3d 543, the Appellate Division said "(t)he affirmation of Eric J. [read post]
16 Jan 2023, 4:00 am by Michael C. Dorf
 I doubt that my daughters--ages 5 and 8--could tell you who Susan B. [read post]
1 Jul 2021, 9:43 am by Eugene Volokh
[T]hese organizations span the ideological spectrum ...: from the [ACLU] to the Proposition 8 Legal Defense Fund; from the Council on American-Islamic Relations to the Zionist Organization of America; from Feeding America—Eastern Wisconsin to PBS Reno. [read post]
25 Jun 2021, 6:39 am by Kate Fort
in-the-matter-of-i.t.s_Download In a classic “ICWA means what it says” case (that means there is a lot of writing about dictionary definitions of terms in this opinion), the Oklahoma Supreme Court held a court can’t deny an indigent parent appointment of counsel for two years prior to a termination of parental rights filing. [read post]
3 Aug 2007, 9:25 am
This provision could matter considerably if the AG gains knowledge-- through the procedures outlined to the court-- that one of its targets has turned out to be a U.S. person. [read post]
12 Feb 2009, 11:33 am by Damin J. Toell, Esq.
., 46 A.D.3d 1290 (3d Dep't, 2007)Based on David's post, both State Farm/Rivkin Radler and the Insurance Dep't. appear to be in The Twilight Zone. [read post]
1 Jul 2011, 3:04 am by J
In essence:(a) the government announced it would abolish Regional Strategies;(b) it then purported to do so, under the Local Democracy, Economic Development and Construction Act 2009;(c) in Cala Homes No.1 the High Ct decided that this couldn’t be done – the power in the 2009 Act was to modify, not abolish entirely;(d) the Secretary of State then announced he’d abolish them via primary legislation in the Localism Bill and a letter to this effect was sent to local… [read post]
23 Aug 2006, 9:32 am
He doesn't say whether they go to the next pharmacy a block away that still does offer the emergency contraception, an omission that I think matters greatly.Right now, pro-choice people can get all the Plan B they want in a timely fashion. [read post]
13 Nov 2010, 11:00 am by Oliver G. Randl
The residence or principal place of business of the professional representative used is of no relevance in that matter (T 149/85 [6]). [read post]
16 Mar 2010, 10:09 am by Cornell Law Review
Courts Don’t Buy It; Subject-Matter Jurisdiction in F-Cubed Securities Class Actions Julie B. [read post]
8 Nov 2006, 6:30 pm
 The facts are not stated, but, after explaining the judgment wasn't void because the movants were arguing that Rooker-Feldman DID apply (and the court therefore had subject matter jurisdiction) the court affirms. [read post]