Court : US Supreme Court
Decided on : Jan-14-2014
..... to independ-ent dealerships throughout the united states, including california. the question presented is whether the due process clause of the fourteenth amendment precludes the district court from exercising jurisdiction over daimler in this case, given the absence of any california connectionto the atrocities, perpetrators ..... expanding the permissible scope of state jurisdiction over foreign corporations and other nonresidents. ). for an early codification, see uniform interstate and international procedure act 1.02 (describing jurisdiction based on [e]nduring [r]elationship to encompass a person s domicile or a corporation s place of incorporation or ..... partner, joint venturer or employee of daimlerchrysler or any daimlerchrysler group company ; mbusa ha[s] no authority to make binding obligations for or act on behalf of daimlerchrysler or any daimlerchrysler group company. ibid. after allowing jurisdictional discovery on plaintiffs agency allegations, the district court granted daimler s .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jan-22-2014
..... particularly striking. advocate general kokott summarised it as follows: "ag18 neither the original commission proposal [com(96) 511 final, december 4, 1996] nor an amended version of it [com(1999) 73 final, february 22, 1999] included the condition that the plans and programmes covered must be required by law. after ..... or reasoning based on political policy decisions from planning decisions. on the contrary, the recognition that projects may legitimately be approved by specific legislative act constitutes express recognition of the legitimacy of such factors. 210. the appellants' case, that the parliamentary process will be tainted by considerations such ..... subject to systematic assessment; . [11] whereas, however, this directive should not be applied to projects the details of which are adopted by a specific act of national legislation, since the objectives of this directive, including that of supplying information, are achieved through the legislative process; [12] whereas, furthermore, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-27-2014
..... otherwise eligible for atsa immunity may not be deniedimmunity unless the statement is materially false. in new york times, we held that under the first amendment, a public official cannot recover for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice that ..... the opinion of the court. in 2001, congress created the transportation security administration (tsa) to assess and manage threats against air travel. aviation and transportation security act (atsa), 49 u. s. c. 44901 et seq. to ensure that thetsa would be informed of potential threats, congress gave airlines and their employees immunity ..... sued for defamation in colorado state court. air wisconsin moved for summary judgment and later for a directed verdict, relying on the aviation and transportation security act (atsa), which grants airlines and their employees immunity against civil liability for reporting suspicious behavior, 49 u. s. c. 44941(a), except where such .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jan-29-2014
..... an offence under this section and may be detained." 28. excise duty on tobacco is payable by virtue of section 2(1) of the tobacco products duty act 1979 (as amended by finance act 1981, sch 19, pt iii) which provides that tobacco products imported into or manufactured in the united kingdom are subject to a duty of excise at ..... the rates shown in a table in schedule 1 to the act. such duty becomes payable at an "excise duty point". section 1(1) of the finance (no 2) act 1992 ..... involves a measure of speculation. 54. i would therefore re-formulate the first certified question so as to properly reflect the particular circumstances of this case; in its amended form the question reads, "is a defendant precluded from appealing against a confiscation order made by consent on the ground that the consent was based on a mistake of .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Jan-29-2014
..... )) contains the power to make rules for the purpose of carrying into effect part iii of the order whose title is "free legal aid in criminal proceedings". as amended, article 36(3) provides: "[the department of justice], after consultation with the lord chief justice, the attorney general and, where appropriate, the [relevant rules committee], ..... senior or junior counsel. they have been consistently informed that the absence of any allowance for preparation in the fixing of the fee level makes it unfeasible to act on behalf of the appellant for the payment specified. the statutory scheme 7. article 36(3) of the legal aid, advice and assistance (northern ireland) ..... there was therefore no possibility of departing from the stipulated fees. 6. following this exchange of correspondence, mr brownlee's solicitors tried to engage counsel to act for him on the sentencing hearing. this proved impossible. despite approaching various counsel, the chairman of the bar council and the bar's pro bono unit, .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Feb-19-2014
..... the surrendering company relates to a loss in respect of which relief has been given under section 393(1) of the taxes act 1988 (carry forward of trading losses), the surrendering company must at the same time amend its company tax return for the period or, if more than one, each of the periods in which relief for that loss ..... that those claims are invalid as a matter of domestic law. they rely upon para 73(2) of schedule 18 to the finance act ("fa") 1998, which provides that "a claim for group relief may not be amended, but must be withdrawn and replaced by another claim". they say that the original claims were not withdrawn and that it follows ..... is calculated as follows. first step determine the total amount available for surrender under section 403 of the taxes act 1988 (a) on the basis of the information in the company's company tax return, and (b) disregarding any amendments whose effect is deferred under paragraph 31(3). second step then deduct the total of all amounts for which .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Feb-19-2014
..... v ashwell, there is nothing in the committee's reasoning to suggest that they had in mind ancillary liabilities. 25. the limitation act 1939 was both a consolidating and an amending act. so far as it amended the law, it was intended to give effect to the principal recommendations of the wright committee. it is, however, necessary to be ..... the grounds of knowing receipt of trust assets and/or on the grounds of dishonest assistance in a breach of trust. 52. the 1925 act was, of course, a consolidating statute, with amendments, which formed part of the sweeping property law reforms of that year. it was concerned with the powers and duties of trustees, not with ..... contained provisions which were, for present purposes, to the same effect as the sections of the 1980 act summarised in para 3 above. the 1980 act repealed the 1939 act, and re-enacted almost all its provisions, albeit with many significant amendments, none of which is relevant to the first (or indeed the second) issue on this appeal. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-25-2014
..... and hold pre-trial seizures of property to a higher standard than probable cause. but the due process clause, even when combined with a defendant s sixth amendment interests, does not command those results. accordingly, the kaleys cannot challenge the grand jury s conclusion that probable cause supports the charges against them. the grand ..... 6 the grand jury s unreviewed finding similarly may play a significant role in determining a defendant s eligibility for release before trial under the bail reform act of 1984, that statute creates a rebuttable presumption that a defendant is ineligible for bail if there is probable cause to believe she committed certain serious crimes. ..... lawyer. he urged the court to hold that the government could seize assets needed for that purpose only after conviction. but we instead decided that the government could act after probable cause [that the assets are forfeitable] is adequately established. 491 u. s., at 616. and that means in a case like this one where .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Mar-05-2014
..... the carrier is a community air carrier. generally the montreal convention has force in the uk by virtue of section 1 of the carriage by air act 1961 as amended, but not in relation to community air carriers to the extent that the montreal regulation has force in the uk: section 1(2) of the 1961 ..... level 5 on the standard scale. the maximum level 5 fine on summary conviction is currently 5,000: criminal justice act 1982, as amended, section 37. there will be no maximum limit when the legal aid, sentencing and punishment of offenders act 2012, section 85, comes into effect. 13. regulation 9 is headed "compensation claims by disabled persons etc." it ..... act. the montreal regulation has direct effect in the uk by virtue of section 2 of the european communities act 1972. the montreal regulation followed the conclusion of the montreal convention. .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Mar-12-2014
..... is no need for us to repeat the reasoning which is fully set out in the judgment of chadwick lj. 14. under the rules as amended when the mental capacity act 2005 came into force (the civil procedure (amendment) rules 2007 (si 2007/2204 (l20)), "patients" in rule 21.1(1)(a) has been replaced by "protected parties", and in rule ..... civil procedure rule committee power to make rules governing "the practice and procedure" to be followed in the civil courts and as further provided in schedule 1 to the act. paragraph 4 of that schedule provides that the rules may modify the rules of evidence, thus showing that where it is intended that the rules could modify the substantive ..... a child or patient has a litigation friend, shall be of no effect, unless the court otherwise orders'". kennedy lj went on to say that "provided everyone has acted in good faith and there has been no manifest disadvantage to the party subsequently found to have been a patient at the relevant time i cannot envisage any court .....
Tag this Judgment!