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23 Jul 2011, 4:50 pm
Appellee submits, however, the limited list of such restrictions does not include, nor is there obvious historical precedent for, legislation that has the effect of completely abrogating a citizen’s right to bear arms as it pertains to a misdemeanant with no criminal record.Although appellee sets forth strong policy considerations, which might militate in favor of a legislative shift in this area of criminal law, a careful review of the statutory provisions at play in this case… [read post]
3 Dec 2010, 2:00 am
App. 1995) (explaining statute abrogating collateral source rule in medical malpractice cases and holding plaintiff could introduce medical expenses where plaintiff paid part of the insurance premium); Skoretz v. [read post]
3 May 2017, 12:32 pm
., 681 F.3d 630, 643-44 (5th Cir. 2012) (finding that silence does not amount to consent to class arbitration, abrogated on other grounds by Oxford Health Plans LLC v. [read post]
12 Apr 2011, 4:47 am
Tom Corbett, a Republican, said that he would sign legislation abrogating the doctrine of joint and several liability, arguing legal liability scares jobs away and leaves minor players stuck paying the full price of lawsuits. [read post]
14 May 2023, 10:44 pm
And it held that the Terrorism Risk Insurance Act of 2002 (TRIA) did not clearly abrogate that immunity when it stated that “notwithstanding any other provision of law” certain assets of a “terrorist party” “shall be subject to execution or attachment. [read post]
9 Sep 2011, 8:43 am
Circuit explained that:We will not . . . invoke this rule to ratify an interpretation that abrogates the enacted statutory text absent an extraordinarily convincing justification because . . . [read post]
15 Mar 2010, 9:11 am
But obviously the punishment is issued more often than in just those narrow circumstances, and there have been a significant number of Texecutions I thought were unnecessary and unjustified.I also believe there is value in respecting and abiding by majority rule (within limits, where minority rights aren't abrogated), even when one disagrees with their views. [read post]
23 Jan 2018, 10:05 am
” ” * “The court sees no reason to conclude that the ATA impliedly abrogated Section 230, as each statute can be enforced without depriving the other of “any meaning at all. [read post]
13 May 2024, 1:59 pm
“The word ‘security’ is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment,” wrote Justice Hugo Black in his concurrence. [read post]
20 Nov 2015, 12:18 pm
Therefore, since the UWOA does not provide expressly that it applies to employment-related covenants, it cannot reasonably be interpreted as abrogating the need for benefits to a continuing employee executing a non-compete. [read post]
30 Oct 2012, 11:57 am
HolderDocket: 12-81Issue(s): (1) Whether the 2006 version of Section 5 of the Voting Rights Act of 1965 exceeds Congress’ enforcement powers under the Fourteenth and Fifteenth Amendments given that: (a) Congress retained a three-decade-old formula for selecting the jurisdictions that will be covered by the preclearance procedure; and (b) Congress significantly expanded the substantive standard for denying preclearance by abrogating two of the Court’s decisions that had narrowly… [read post]
14 Oct 2020, 4:54 am
Judge Barrett’s dissent, adding nuance to Justice Scalia’s errant paragraph in Heller, which used the word “felon” as a class of individuals for whom the right could be abrogated. [read post]
31 Mar 2017, 10:00 pm
” Eventually, a number of states decided to completely abrogate the parental immunity doctrine. [read post]
15 Dec 2014, 1:35 pm
Ct. 369 (2011) (abrogated by statute). [read post]
18 Jun 2024, 5:00 am
“A vigorous defense of free speech, a right enshrined but often hobbled or outright abrogated. [read post]
31 Aug 2011, 6:35 am
Remember, " 'comprising' is not a weasel word with which to abrogate claim limitations. [read post]
24 Mar 2020, 9:58 am
*The abrogation of the gold clauses in the 1930s are an example of this. [read post]
30 Apr 2021, 9:34 am
And in any event, New York has abrogated the professional rescuer doctrine by statute, so it doesn't prevent this lawsuit from going forward. [5.] [read post]
25 Sep 2014, 10:40 am
” But, in 1946, the Supreme Court abrogated that common-law understanding in United States v. [read post]
22 Jun 2007, 5:15 am
Petitioners essentially argued that the "strong inference" language abrogated the requirement that all inferences be construed in the plaintiffs favor and required that plaintiffs show that its inference was the more likely one. [read post]
