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4 Nov 2006, 7:15 pm
These acts were mostly ruled ultra vires by the JCPC in two reference decisions that sparked some backlash towards the Privy Council's strict interpretations, and later led to a constitutional amendment.Download the episode (21:22) [read post]
31 Jan 2018, 6:59 pm
Federal Energy Regulatory Commission 17-975 Issue: Whether forcing an entity to defend claims for civil liability and penalties in an ultra vires agency proceeding, when “exclusive jurisdiction” of those claims lies in federal district court, presents a ripe case or controversy under Article III and the Declaratory Judgment Act as to the proper forum for adjudication. [read post]
31 Mar 2006, 11:56 am
A special bench of the court declared a provision in the 43-year old Civil Code relating to husband and wife "ultra vires. [read post]
3 Oct 2022, 1:56 pm
Civil litigation — Memorandum of understanding — Ultra vires In April 2020, James Braswell filed a one-count complaint against Lieutenant Taiwan Smith and Anne Arundel County. [read post]
7 Aug 2015, 8:09 am
Real property — Condominium association — Ultra vires taking Seven of the eight owner/members of the Emerald Bay Townhouse Condominium (the “Condominium”) would like to assign the Condominium’s eight boat slips and four piers on a unit-by-unit basis. [read post]
1 Jul 2009, 3:02 am
Progress Property Co Ltd v Moore and another [2009] EWCA Civ 629; [2009] WLR (D) 214 “The sale of a company's assets at an under value by a company having control of selling and buying companies did not make the sale a dressed up unlawful distribution of its assets or ultra vires the company if the [...] [read post]
2 Feb 2022, 3:22 am
On appeal from: [2021] EWCA Civ 193 This appeal concerned whether subordinate legislation was ultra vires because it set the fee at which a child or young person could apply to be registered as a British citizen at a level which many young applicants have found to be unaffordable. [read post]
25 Oct 2007, 2:13 am
Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening) “The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998. [read post]
15 Apr 2024, 8:52 am
Federal appellate decisions have also blocked facial ultra vires claims, including in the Fourth and Federal Circuits. [read post]
13 Jan 2017, 8:10 pm
Consumer Financial Protection Bureau 16-673 Issues: (1) Whether a federal official may retroactively ratify an ultra vires government action when: (a) no federal official was authorized to perform the act at the time it was initially undertaken; (b) the purported ratification does not include an examination of any facts related to the act performed; or (c) the ratification purports to encompass not only the initial act but also federal court rulings entered in response to the act; and… [read post]
20 Jan 2023, 12:07 pm
The case arises from Florida Governor Ron DeSantis suspending Hillsborough County (Tampa) State's Attorney Andrew Warren. [read post]
14 Jul 2010, 2:08 am
From time to time, themes emerge in my practice. [read post]
11 Sep 2009, 12:51 pm
On her Law of the Land blog, Patty Salkin (Albany) reviews a New York case with two interesting lessons turning on statutory interpretation and interpretation policy in "Farm Worker Dwellings are Within the Definition of 'Agricultural Use Structures' and Therefore... [read post]
4 Mar 2011, 9:06 am
Therefore he orders in that case were ultra vires. [read post]
26 Oct 2023, 10:50 am
The brief calls the Council’s actions thus far “ultra vires and inconsistent both with constitutional strictures and the [Judicial Conduct and Disability] Act [of 1980] itself. [read post]
26 Oct 2023, 10:50 am
The brief calls the Council’s actions thus far “ultra vires and inconsistent both with constitutional strictures and the [Judicial Conduct and Disability] Act [of 1980] itself. [read post]
5 Jun 2020, 10:49 am
It also found that the law was intra vires within federal jurisdiction. [read post]
4 Nov 2006, 11:15 pm
These acts were mostly ruled ultra vires by the JCPC in two reference decisions that sparked some backlash towards the Privy Council's strict interpretations, and later led to a constitutional amendment. [read post]
2 Dec 2015, 5:58 am
Academic association boycott actions may be invalid under the ultra vires doctrine of corporate law. [read post]
13 Feb 2009, 2:10 am
However, the business judgment rule applies only when the board acts intra vires or within its authority. [read post]
