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A federal class-action lawsuit is pending against Kirby under the civil action provisions of the Racketeer Influenced and Corrupt Organizations Act ( RICO ), for allegedly selling used vacuums as new ; the complaint alleges that " Not only is Kirby aware of this practice, it " participates in the scheme by, among other things, selling to its distributors duplicate or replacement ' Original Purchaser's Registration ' cards to be given to secondhand purchasers.
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federal and class-action
TJX paid US $ 100 million settlement in California to settle an employee class-action suit in 2002 which alleged that Marshalls abused exempt / nonexempt classifications to avoid the payment of overtime or compensation time to employees in certain roles performing non-exempt job duties as required by the federal Fair Labor Standards Act.
In September 2001, a group of Ecuadorian farmers filed a class-action lawsuit against DynCorp under the Alien Tort Claims Act ( ATCA ), the Torture Victim Protection Act and state law claims in US federal court in the District of Columbia.
In December 2006, 1, 660 citizens of the Ecuadorian provinces of Esmeraldas and Sucumbios who were not part of the class-action lawsuit described above filed a separate lawsuit against DynCorp in US federal court in Florida.
Chafee also Cosponsored the Class Action Fairness Act of 2005, which expanded federal jurisdiction over class-action lawsuits, and voted against a wholesale ban on gifts from employees of lobbying companies.
Days prior to the scheduled execution, Rowsey and several other North Carolina death row inmates filed a federal class-action lawsuit regarding the constitutionality of the state's procedures for lethal injection.
This was a class-action lawsuit regarding the federal government's management and accounting of more than 300, 000 individual American Indian and Alaska Native trust accounts.
As of early 2010, a class-action lawsuit – dealing with a charge that on account of the sudden acceleration controversy, Audi models had lost resale value – filed in 1987 by about 7, 500 Audi Audi 5000-model owners remains unsettled and is currently contested in county court in Chicago after appeals at the Illinois state and U. S. federal levels.
As a result of the overcrowding, a class-action lawsuit was filed against the State of New York in federal court on March 17, 1972.
In October 2006, a federal judge granted class-action status to a lawsuit brought by Tyson employees who allege that Tyson's practice of hiring illegal immigrants depresses wages 10 – 30 %.
Sections 1332 ( d ), 1453, and 1711 – 1715, expanded federal jurisdiction over many large class-action lawsuits and mass actions taken in the United States.
A class-action lawsuit brought by two thousand Hanford downwinders against the federal government has been in the court system for many years.
A class-action lawsuit against Fortunoff by laid-off employees is underway due to violations for federal and state WARN Act laws.
federal and lawsuit
However, since the lawsuit was filed in a state California court, the lawsuit was tossed out because only federal courts have jurisdiction over intellectual property issues.
In contrast, on July 21, 2010, in a lawsuit involving whether college cheerleading qualified as a sport for purposes of Title IX, a federal court, citing a current lack of program development and organization, ruled that it does not, but may in the future.
On December 15, 2006, the college filed a federal lawsuit against the Commonwealth of Pennsylvania, alleging that a decision by the state to block the college from participating in the state sponsored CareerLink job service amounted to a violation of the college's First Amendment rights.
In August 2008, Bradley Blakeman, a former aide to George W. Bush, filed a copyright lawsuit in federal court on Long Island over Grammer's movie Swing Vote, claiming that parts of its plot and marketing had been stolen from him.
In 2006 the Skaroreh Katenuaka Nation, " AKA: Tuscarora Nation of Indians of North Carolina ", filed a federal lawsuit for recognition.
A federal lawsuit in the District Court of the Virgin Islands is currently pending to provide US Virgin Islanders with the ability to be represented in Congress and vote for U. S. President.
A federal lawsuit in the District Court of the Virgin Islands is currently pending to provide Virgin Islanders with the fundamental right to be represented in Congress and vote for U. S. President.
It has subsequently ended its ban as a result of the District of Columbia v. Heller Supreme Court case, upon a federal lawsuit by the National Rifle Association being filed the day after Heller was entered.
Condit initiated a lawsuit against Vanity Fair writer Dominick Dunne in a New York federal court in late 2002 for $ 11 million, claiming that statements made by Dunne about Condit defamed him ; the comments indicated that Condit ordered the death of Levy in 2001.
In July 2008 a federal judge dismissed the second lawsuit filed against Dunne.
In June 2010, Jack Thorpe filed a federal lawsuit against the borough of Jim Thorpe, seeking to have his father's remains returned to his homeland and re-interred near other family members in Oklahoma.
He filed a federal lawsuit against Subway, which was dismissed.
Cajuns were officially recognized by the U. S. government as a national ethnic group in 1980 per a discrimination lawsuit filed in federal district court.
Similarly, lawsuits alleging some types of police misconduct and prosecutorial misconduct may often be brought in federal court, and federal courts may enjoin state officials from enforcing state laws found to be unconstitutional in a federal lawsuit, under threat of being held personally in contempt of court for doing otherwise.
On September 25, 2009, Citigroup Inc. filed a federal lawsuit against Morgan Stanley, claiming its rival failed to pay $ 245 million due under a credit default swap agreement.
The breach-of-contract lawsuit was filed in Manhattan federal court and seeks unspecified damages.
A group of UNC students, led by Student Body President Paul Dickson, filed a lawsuit in U. S. federal court, and on February 20, 1968, the Speaker Ban Law was struck down.
Rocchigiani immediately filed a lawsuit against the WBC in a U. S. federal court, claiming that the organization's actions both were contrary to their own rules and injurious to his earning potential ( due to diminished professional stature ).
In 2009 Olson joined with David Boies, his opposing counsel, in Bush v. Gore, to bring a federal lawsuit Perry v. Schwarzenegger challenging Proposition 8, a California state constitutional amendment banning same-sex marriage.
Much of the lawsuit brings allegations against the " Marshal's Office " for policing on the basis of FLDS law, instead of enforcing state and federal laws.
In April 2007, liquor merchants in Pender ( later joined by the village ) filed a federal lawsuit challenging the tribe's authority to demand the liquor taxes, based on their contention that Pender was outside the reservation boundaries.
In 2009, the Association's federal lawsuit was remanded to the District Court by the Third Circuit Court of Appeals.
federal and is
That is particularly true of sovereignty when it is applied to democratic societies, in which `` popular '' sovereignty is said to exist, and in federal nations, in which the jobs of government are split.
The House communications subcommittee is expected to report out a good bill calling for the states to match federal funds.
Rhode Island's rate of $.07 per mile is considerably lower than reimburseable rates in the federal government and in industry nationally which approximate a $.09 per mile average.
The reasons are obvious: ( 1 ) the state is buying in quantity, and ( 2 ) it has no federal excise or state sales tax to pay.
but with the growth of state and federal fiscal aid, the emphasis on equalization, and the state-local sharing of responsibility for certain important functions, this is no longer true.
On review the Supreme Court, via Mr. Justice Frankfurter, found southern racial problems `` a sensitive area of social policy on which the federal courts ought not to enter unless no alternative to adjudication is open ''.
In short, congressional power to grant federal-question authority to federal courts is now apparently so broad that Congress need not create, or specify, the right to be enforced.
There is a common problem behind most of these federal question and diversity cases.
That is, he did not claim in any of the four courts through which his case progressed that the jury charge had denied him any federal right.
The recent federal government's student-loan program is another step in the direction of making higher education more available to lower-status youth.
Formally organized vocational programs supported by federal funds allow high school students to gain experience in a field of work which is likely to lead to a full-time job on graduation.
Rep. Mac Barber of Commerce is asking the House in a privilege resolution to `` endorse increased federal support for public education, provided that such funds be received and expended '' as state funds.
One advantage that would come to the city in having a full-time director, he said, is that East Providence would become eligible to apply to the federal government for financial aid in purchasing equipment needed for a sound civil defense program.
Also the department of justice building is located where J. Edgar Hoover presides over the federal bureau of investigation.
Schwab also declared there is no proof of Weinstein's entering a conspiracy to use the U.S. mails to defraud, to which federal prosecutor A. Lawrence Burbank replied:
The charge that the federal indictment of three Chicago narcotics detail detectives `` is the product of rumor, combined with malice, and individual enmity '' on the part of the federal narcotics unit here was made yesterday in their conspiracy trial before Judge Joseph Sam Perry in federal District court.
The recent publicity attending the successful federal prosecution of a conspiracy indictment against a number of electrical manufacturers has evoked a new respect for the anti-trust laws that is justified neither by their rationale nor by the results they have obtained.
He is generally and initially suspicious of any federal project, unless it happens to benefit his Gulf Coast constituents.
In the federal courts, the parties ' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the Supreme Court.
The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts.
In the U. S. federal court system, criminal defendants must file a notice of appeal within 10 days of the entry of either the judgment or the order being appealed, or the right to appeal is forfeited.
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