governmental immunity वाक्य
उदाहरण वाक्य
मोबाइल
- Justice Stephen Breyer wrote for the majority, " reveals nothing special enough about the job . . . that would warrant providing these private prison guards with a governmental immunity ."
- As for the Port Authority, which owns the World Trade Center property, the judge said it " has not shown that it will prove its defense of governmental immunity ."
- In so far as the US Postal Service is a governmentally authorized entity its agents probably have a species of governmental immunity . talk ) 04 : 23, 22 June 2012 ( UTC)
- Prior to " Baxter ", the leading case on derivative governmental immunity in Australia was the 1979 High Court judgment in " Bradken Consolidated Ltd v Broken Hill Pty Co Ltd ".
- He said the Port Authority, which owns the World Trade Center property, " has not shown that it will prove its defense of governmental immunity as to negligence allegations made by WTC occupants ."
- He also said the Port Authority, which owns the World Trade Center property, " has not shown that it will prove its defense of governmental immunity as to negligence allegations made by WTC occupants ."
- On August 29, 2012, Bybee, who previously wrote the dissent in a three-judge panel's ruling, authored the majority opinion that found Sheriff Joe Arpaio and special prosecutor Dennis Wilenchik were not entitled to governmental immunity.
- The Court applied the converse of the " implied inter-governmental immunities " to protect the States from legislative or executive action by the Commonwealth which " would fetter, control, or interfere with, the free exercise " of the legislative or executive power of the States.
- In determining the scope of whether governmental immunity from a statutory provision extends to a party dealing with the government, the judgment adopted the following position of Justice Kitto, then dissenting, in the 1955 High Court case of " Wynyard Investments v Commissioner for Railways ( NSW ) ":
- In his 49-page ruling, U . S . District Judge Alvin Hellerstein said the Port Authority of New York and New Jersey, which owns the World Trade Center property, " has not shown that it will prove its defense of governmental immunity as to negligence allegations made by WTC occupants ."
- The court did so by adopting a doctrine of " reserved State powers " combined with " implied inter-governmental immunities ", to protect both the Commonwealth and the states from legislative or executive action which " would fetter, control, or interfere with, the free exercise " of the legislative or executive power of the other.
- In particular, since there is no mention of " reserved State powers, " only one express inter-governmental immunity ( regarding property taxes : section 114 ), and, an express provision asserting the superiority of valid Commonwealth laws over inconsistent State laws ( section 109 ), there was no longer any room for the doctrine previously asserted in favour of the States.
- Having examined the characteristics of the TPA as a law to promote competitive behaviour, the joint judgment held that the extension of derivative governmental immunity from the TPA to a trading corporation would be a " remarkable " conclusion and " far beyond what is necessary to protect the legal rights of governments, or to prevent a divesting of proprietary, contractual or other legal rights and interests ."
- ""'Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd " "'( " Baxter " ) was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a governmental immunity : whether the immunity of a government from a statute extends to third parties that conduct business with the government.
- Therefore, the court held, the limits violated a provision in the Oregon Constitution that " every man shall have remedy by due course of law for injury done him in his person, property, or reputation . " The Court of Appeals also held that the limits could constitutionally be applied to Clarke's claims against OHSU, reasoning that OHSU, as a public corporation, would have been entitled to governmental immunity from suit prior to enactment of the statute.
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