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19 Mar 2012, 8:55 am by Rebecca Tushnet
  “If Mazza was intending to abrogate these holdings, one would expect the Ninth Circuit to have distinguished—or at least mentioned—these cases, which contain excellent reasoning in their choice-of-law analysis and have been cited approvingly several times. [read post]
18 Mar 2012, 9:17 am by Mark S. Humphreys
The Act does not abrogate an insurer's defenses based on a material misrepresentation. 5. [read post]
16 Mar 2012, 6:11 am by Frank Pasquale
remoteness and thoughtlessness, compounded by a widespread abrogation of individual moral judgment. [read post]
15 Mar 2012, 6:52 pm by Keith Rizzardi
Such reissuance (including this section) shall not be subject to judicial review and shall not abrogate or otherwise have any effect on the order and judgment issued by the United States District Court for the District of Wyoming in Case Numbers 09–CV–118J and 09–CV–138J on November 18, 2010. [read post]
14 Mar 2012, 7:23 pm
However, the essential ingredients of the expression "persons acting in concert" in the Takeover Regulations cannot be abrogated. [read post]
14 Mar 2012, 2:29 pm by John J. Sullivan
  The Leonard court did not accept plaintiff’s rote application of the plurality reasoning in Shady Grove – that FRCP 23 abrogates all state-law limitations on class actions. [read post]
10 Mar 2012, 4:50 pm by S2KM Limited
Many of the ELNY annuity contract were issued pursuant to structured settlement agreements approved by court orders that cannot be abrogated. [read post]
9 Mar 2012, 9:52 am by Scott C. Idleman
Generally speaking, tribal civil jurisdiction over members has been only slightly diminished through relinquishment or implicit loss and has been only moderately diminished through congressional abrogation. [read post]
8 Mar 2012, 11:26 pm by Ian Kerr
To me, this kind of account offers a much richer and more persuasive explanation of the problem of DRM than simply articulating how it abrogates freedom of expression or reasonable expectations of privacy. [read post]
6 Mar 2012, 2:16 pm by PaulKostro
However, the statute is to be construed in light of the common law and does not abrogate it. [read post]
6 Mar 2012, 11:26 am by Joel R. Brandes
" The Court concludedthat petitioner had custody rights under CCEJ Article 581 and that those rights had not been abrogated by any other CCEJ provision. [read post]
5 Mar 2012, 4:50 am by Brennan W. Bolt
Local 150 Attorneys Dale Pierson and Elizabeth LaRose wrote in the withdrawal notice that the TRO be dismissed “without prejudice” because both Attorney General Greg Zoeller’s office and Indiana Department of Labor Commissioner Lori Torres interpreted the document filed as “not applying to or abrogating existing contracts or those in effect on March 14, and only applying to contracts entered into, modified, renewed, or extended after March 14. [read post]
2 Mar 2012, 4:26 pm by David Wagner
In fact, if the Tailoring Rule is completely abrogated, every source that emits more than 100 or 250 tpy of CO2E would be potentially subject to regulation under the Clean Air Act. [read post]
22 Feb 2012, 6:41 am by Breakstone, White & Gluck
For example, in 2010, the Court changed the common law in snow and ice cases, abrogating the old Massachusetts law that recognized distinctions between natural and unnatural accumulations. [read post]
19 Feb 2012, 3:11 am by Mandelman
  According to Robb, “Once the legislature indicates a willingness to abrogate loan agreements, lending in Arizona will be more risky and borrowers will have to pay for that increased risk. [read post]
17 Feb 2012, 1:03 pm
If the separate entity rule were abrogated, then the bank branch in New York would have to freeze the defendant's bank account in Texas. [read post]
17 Feb 2012, 7:40 am by The Docket Navigator
The court granted defendants' motion for relief from a prior judgment of no invalidity following remand even though defendants did not directly appeal the validity finding. [read post]