Search for: "ABROGATE"
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5 May 2015, 1:26 pm
The bill provides that the new provisions, effective for trials commencing on or after October 1, 2015, shall not “be construed as an abrogation of any State or federal constitutional or statutory right otherwise applicable in criminal cases with the exception of the right to a jury trial in district court. [read post]
22 Oct 2014, 10:05 am
Supreme Court held that Congress did not have the power to abrogate the sovereign immunity of nonconsenting states and require such states to submit to suit by tribes seeking to enforce IGRA’s remedial provisions.[15] The U.S. [read post]
5 Mar 2019, 8:00 am
As the brief recounted, the amici were, in part, concerned about abrogating the sacrosanct privilege simply because a party designates an employee–rather than retaining a third-party–as its expert. [read post]
7 Jun 2011, 6:00 am
” Such a super-mandate would abrogate previously enacted Congressional decisions. [read post]
24 Sep 2009, 7:56 am
The Council also endorsed important norms to reduce the likelihood that a peaceful nuclear program can be diverted to a weapons program, including support for stricter national export controls on sensitive nuclear technologies and having nuclear supplier states consider compliance with safeguards agreements when making decisions about nuclear exports and reserve the right to require that material and equipment provided prior to termination be returned if safeguards agreements are abrogated… [read post]
18 May 2014, 10:28 am
In fact, the Third Circuit Court of Appeals has already examined Congressional intent in the context of Medicaid trust laws and concluded that “there is no reason to believe [Congress] abrogated States’ general laws of trusts. [read post]
27 Mar 2015, 6:53 am
On appeal, the court first noted that while Congress has validly abrogated states’ sovereign immunity with respect to the FMLA’s family-care provision, it has not done so with respect to the statute’s self-care provision; thus states may still assert an Eleventh Amendment immunity defense against claims based on that provision. [read post]
8 Oct 2015, 6:32 am
”; (2) the contract’s six-month limitation period which “[g]iven the nature of plaintiffs’ claims . . . works as a ‘practical abrogation of the right of action’”; (3) the cost- and fee-shifting clause which had the effect “to chill employees from seeking vindication of their statutory rights by pursuing claims in arbitration”; and (4) to a limited degree, the filing fees and punitive damage waiver were also substantively unconscionable. [read post]
21 Dec 2017, 4:10 am
Fourth, the interaction between the values can also be perceived in Lord Carnwath’s response to the argument that it would be inappropriate to impose a duty to give reasons as a matter of common law, because doing so would be inconsistent with regulatory developments: The existence of a common law duty to disclose the reasons for a decision, supplementing the statutory rules, is not inconsistent with the abrogation in 2013 of the specific duty imposed by the former rules to give… [read post]
31 Mar 2013, 10:47 pm
” I disagreed, pointing out that the recovery costs from a possible second Korean War – even just the post-war costs – would cost America much more than the costs of maintaining U.S. forces in Korea should the U.S. abrogate its diplomatic and moral obligations to stand clear of a second Korean war. [read post]
26 Aug 2014, 9:22 am
Most of the nonprecedential opinion involves a straightforward recitation of portions of the Court’s holding: The Supreme Court abrogated both the clear and convincing evidence standard and the two-part test for objective baselessness and subjective bad faith of Brooks Furniture. [read post]
8 Jun 2010, 5:02 am
It's abrogated when the client files a grievance against the lawyer, both as a practical matter to allow the attorney to explain and defend his actions, as well as a legal matter as the client, by affirmatively offering confidential communications to others outside the privilege, has waived it. [read post]
12 Jul 2012, 1:31 pm
Johnson, 389 A.2d 781 (1978), the court reasoned that, when Congress created a summary judicial process to enable a landlord to reacquire possession of property, Congress necessarily abrogated the landlord’s right of self-help. [read post]
1 Dec 2011, 9:50 am
In considering whether this is justifiable, it is worth quoting what Lord Dyson, giving the leading judgment, said in Al Rawi: … subject to certain exceptions and statutory qualifications, the right to be confronted by one’s accusers is such a fundamental element of the common law right to a fair trial that the court cannot abrogate it in the exercise of its inherent power. [read post]
16 Feb 2010, 1:04 pm
The “failure to consult any forensic expert constituted a threefold abrogation” of counsel’s duty to provide effective assistance by failing to investigate adequately before settling on a trial strategy, by failing to determine how the forensic evidence might assist the defense, and by failing to consult experts who could have assisted at trial. [read post]
5 Dec 2016, 11:01 am
Kentucky, 559 U.S. 356, 364-366 & n.8 (2010), regarding counsel’s failure to warn of the immigration consequences of a plea, had “abrogated the distinction between direct and collateral consequences and created a new framework for determining whether a consequence of conviction has a uniquely ‘close connection’ to the criminal process to require warnings under the right to counsel guaranties of the Sixth Amendment. [read post]
9 Dec 2009, 2:52 pm
The SEC can reach out and abrogate any board rules, including rules relating to inspections and investigations. [read post]
9 Nov 2010, 2:39 am
The traditional paradigm is dead, as nobody with even a half-baked knowledge of technology is unaware that every single thing we do passes through the hands of a third-party provider, with a dozen copies living on some server in the bowels of a building in a town we never heard of, abrogating every rule created in the quiet days when rum runners outran revenuers. [read post]
14 Jul 2023, 2:57 am
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]
5 Apr 2022, 8:16 am
Wright, 468 U.S. 737, 755 (1984), abrogated on other grounds, Lexmark Intern., Inc. v. [read post]
