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14 Apr 2017, 6:01 am
” Refund of Fines, Fees and Restitution The Supreme Court will surely address the issue of whether the exoneration act was intended to be independent from the traditional rule to refund money paid to a reversed judgment, that is, the act simply created new rights for exonerated individuals; or whether lawmakers specifically intended for the act to abrogate the traditional rule. [read post]
27 Aug 2011, 5:05 pm
And, in its aftermath, the PCC appears do have done absolutely nothing to analyse the reasons for this complete abrogation of journalistic standards nor to criticise those responsible for it, with the result that the whole grotesque pantomime was played out yet again, admittedly on a smaller scale, when sections of the press libelled Chris Jeffries in the Joanna Yates murder case, following this up with breaches of the law of contempt so basic that any first year student of media law would… [read post]
5 May 2010, 5:13 am
More specifically, we deal with the admissibility of statements obtained from an individual who is subjected to custodial police interrogation and the necessity for procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himselfNow, for all the lawyers, and you non-lawyers can play along too, where do you see the words "except," or "terrorism," or "Muslim," or… [read post]
16 Feb 2020, 11:00 am
” The drafters of the UCC, realizing that agreements for the sales of goods with open price terms might promote the interests of commerce, included a provision in Article 2 to abrogate the common law rule. [read post]
20 Jun 2024, 6:25 am
According to the Supreme Court, a broad reading of section 1109(b) reflects the means by which “[b]ankruptcy reorganization proceedings can affect an insurer’s interests in myriad ways,” including (but by no means limited to): (i) the impairment of the insurer’s contractual right to control settlement and defend claims; (ii) the abrogation of its right to contribution from other insurers; and (iii) the confirmation of collusive plans prejudicing the insurer. [read post]
13 May 2011, 3:00 am
If the policy, regulation, or other standard of procedure mandates specific conduct, then any employee reasonably complying with that direction will not abrogate the entity’s immunity if the action furthers the underlying policies of the regulation. [read post]
23 Nov 2010, 10:23 am
The language of this section indicates a clear intent to abrogate the common law rule that workers’ compensation laws were interpreted in favor of injured employees. [read post]
27 Jun 2010, 8:15 am
The court dealt with this by reasoning that applying the charging order provision would effectively abrogate the general execution statute which makes various types of property, including corporate stock, subject to attachment and execution. [read post]
15 Sep 2013, 9:33 pm
” Thus, despite the existence of the overarching immunity provided to employees through the Westfall Act, the specific terms of the Gonzalez Act abrogate the FTCA’s intentional tort exception for cases of medical battery in the Military Health System—thereby exposing the United States to suit. [read post]
23 Mar 2023, 6:08 am
This decision abrogated the former “impact rule” which required a bystander to have suffered a contemporaneous physical injury or impact to permit recovery. [read post]
6 May 2014, 6:52 am
Later, in November 2000, the Fijian High Court declared that the interim civilian government was illegal and effectively reinstated the 1997 Constitution, which had been abrogated by the interim military government (led by Commodore Frank Bainimarama) in late May. [read post]
17 Dec 2013, 12:46 pm
The decision left untouched the part of Sandoz that plaintiffs do not like and abrogated the part that plaintiffs do like. [read post]
31 Mar 2015, 7:21 am
Although the Supreme Court “clearly abrogated” this precedent in Kasten v. [read post]
10 Sep 2010, 3:42 am
Even though the US courts’ review of military regulations challenged on First Amendment grounds is far more deferential than constitutional review of similar laws designed for civilian society, this margin of appreciation does not entirely abrogate the guarantees of the First Amendment in the military context. [read post]
10 May 2012, 7:58 am
The jury saw a copy of the seized set of documents - the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous "trial" in a Denny's restaurant before a jury of his pals in which he was acquitted. [read post]
3 Apr 2006, 8:31 am
. __, 2006 WL 349801, that the BAPCPA amendments do not abrogate Till v. [read post]
4 Aug 2010, 1:33 pm
Supreme Court abrogated jus soli in its infamous Dred Scott decision, denying birthright citizenship to the descendents of slaves. [read post]
15 Jun 2024, 3:00 am
“A vigorous defense of free speech, a right enshrined but often hobbled or outright abrogated. [read post]
2 Feb 2011, 2:43 am
They fought to abrogate his right to be represented on appeal. [read post]
5 Oct 2015, 9:24 am
However, the regulations expressly note that the reporting mechanisms it establishes do not abrogate a contractor’s reporting requirements for other types of controlled unclassified information (CUI) (e.g., personally identifiable information (PII), budget or financial information). [read post]
