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It did that by focusing on the text of the statute. Indeed, the first (and very succinct) point in the Court’s analysis of the statute is that “the language [of §13(b)] refers only to injunctions.” Id. Supreme Court in 1999 that the agency lacked the authority to obtain compensatory relief or punitivedamages.
The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. The plaintiffs asserted a violation of the Religious Freedom Restoration Act and requested that the court award them compensatory and punitivedamages.
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Garcimartín Alférez, Francisco; Saumier, Geneviève. 1 of December 2018 (available here ). Nygh, Peter; Pocar, Fausto. Bonomi, Andrea.
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).
Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), forthcoming (Draft available here ).
A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. 8 (2021), pp.
A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. 8 (2021), pp.
A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. The Circulation of Judgments Under the Draft Hague Judgments Convention”, University of Pittsburgh School of Law Legal Studies Research Paper Series No. 8 (2021), pp.
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.
Drawing on the notion of complex judgments, he masterfully illustrated the carefully drafted solutions the Convention offers to address borderline cases, but also the unavoidable gaps that nonetheless exist in this regard. Surprisingly, this reasoning according to the Explanatory Report does not apply to punitivedamages exception in Art.
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