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27 Aug 2023, 4:39 pm by Dean I Weitzman, Esq.
Other changes include periodic payments of future medical and other expenses, rather than lump sums; a limit on calculating future earnings losses based on only current worth, rather than on possible or estimated worth in the future; and an abrogation of joint liability that limits the amount a defendant can pay in the event of a default by another liable party. [read post]
Their rationale was that abrogating Article 370 would integrate Kashmir into India’s broader governmental framework. [read post]
18 Aug 2023, 6:55 am by The Law Offices of John Day, P.C.
Where “application of the operation-of-law exception would bar a vicarious liability claim that is timely filed within the [HCLA’s] extended statute of limitations solely because the statute of limitations had expired for any claims against the principal’s agents, the exception must give way to the [HCLA]. [read post]
14 Aug 2023, 6:03 am by Eugene Volokh
" Likewise, here, we find nothing in Chapter 98B that expressly, or by necessary implication, abrogates the judicial-proceedings privilege. [read post]
11 Aug 2023, 6:45 am by Andrew Lavoott Bluestone
The present circumstances, specifically the concrete possibility of an imminent change in law, are materially different from those in Darby (in which the attorney failed to advise the client of a novel theory of recovery, one that even industry experts had notfully appreciated) (Darby, 95 NY2d at 313-314), and Mignott (in which the Appellate Division reversed and abrogated its own decision 8 years later) (Mignott, 7 Misc. 3d 1021 [A] at *1, ajf’d 65 AD3d 972). [read post]
11 Aug 2023, 1:01 am by rhapsodyinbooks
Holder, which has interfered with the ability of minorities to vote; and the 2010 Citizens United decision allowing boatloads of dark money to influence the political process, tipping the scales in favor of a despotic group of white Christian Nationalists intent on abrogating the rights of the kinds of minorities referenced by Carolene Products. [read post]
2 Aug 2023, 9:01 pm by Vikram David Amar
As the calendar turns from July to August, attention is properly beginning to focus on the Supreme Court’s upcoming term (even as there is still much to digest from what came down in June.) [read post]
28 Jul 2023, 1:19 pm
Provisions included in a must-pass budget bill will make significant changes for Connecticut hospitals. [read post]
24 Jul 2023, 9:18 am by Christopher J. Walker
Congress has legislated against that Chevron backdrop and refused to enact numerous bills that sought to abrogate it. [read post]
24 Jul 2023, 5:27 am by Will Baude
The history behind the clause's omission shows the 1874 Congress did not intend to reintroduce the common-law immunities it had abrogated in 1871. [read post]
The Delhi government’s request to have its case regarding the control of civil servants in the national capital taken up before the constitution bench hearing on the abrogation of Article 370 was not granted by the three-judge bench led by Chief Justice Chandrachud. [read post]
20 Jul 2023, 11:38 am by Kate Fort
What the circuit court and the parties fail to recognize is that the 1979 Guidelines were explicitly abrogated and replaced by the BIA when it promulgated the 2016 Guidelines. [read post]
20 Jul 2023, 8:46 am by Rebecca Tushnet
Humana, 382 F.3d 1241 (11th Cir. 2004), abrogated in part on other grounds by Bridge v. [read post]
14 Jul 2023, 2:57 am by SHG
I.J. argues that the appeals court “ignored the Petitioner’s Fourth Amendment rights based on a misstatement of law in one of this Court’s decisions that has been abrogated but never expressly overruled. [read post]
11 Jul 2023, 9:01 pm by renholding
Section 14(a)…should not be read in a manner that allows the [SEC] to abrogate the role of state corporate law regarding the conduct of shareholder meetings, including any requirements or conditions on a shareholder’s ability to add a proposal to the meeting agenda. [read post]
6 Jul 2023, 9:00 am by Dennis Crouch
The court has ordered briefing on the issue of whether Rosen and Durling (the Federal Circuit case that expanded upon the Rosen approach) were overruled, abrogated, or otherwise affected by the Supreme Court’s decision in KSR and, if so, what the test should look like going forward. [read post]
6 Jul 2023, 5:30 am by Steve Brachmann
Court of Appeals for the Federal Circuit Chief Judge Paul Michel, who has been involved in the development of PERA’s draft legislative text and has personally supported PERA as an important step in “reviv[ing] the faltering U.S. innovation system” by abrogating the series of U.S. [read post]
6 Jul 2023, 5:30 am by Steve Brachmann
Court of Appeals for the Federal Circuit Chief Judge Paul Michel, who has been involved in the development of PERA’s draft legislative text and has personally supported PERA as an important step in “reviv[ing] the faltering U.S. innovation system” by abrogating the series of U.S. [read post]