Search for: "ABROGATE"
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31 Mar 2020, 12:28 pm
The business cannot abrogate existing collective bargaining agreements for the term of the loan plus an additional two years. [read post]
22 Aug 2011, 5:00 pm
-that may preclude a contractor from ever prevailing on a meritorious claim.Waiver of Immunity"Under federal law, tribal sovereign immunity comprehensively protects recognized American Indian tribes from suit absent explicit and 'unequivocal' waiver or abrogation. [read post]
15 Apr 2020, 2:00 am
Recipients of this assistance must certify, in good faith, that: The uncertainty of economic conditions as of the date of the application makes necessary the loan request to support the ongoing operations of the recipient; The funds will be used to retain at least 90% of the workforce, at full compensation and benefits, until September 30, 2020; Not less than 90% of the workforce existing as of February 1, 2020, will be restored at full compensation and benefits no later than 4 months after the… [read post]
19 Jul 2018, 3:30 am
Here’s the crescendo: Despite never offering a reasoned explanation tested by the adversarial process, a majority of this Court apparently believes that Blum somehow prophesized the correct post-Price Waterhouse legal conclusion in its one-sentence “analysis” that relies solely on authority itself abrogated by Price Waterhouse. [read post]
15 Jun 2011, 11:12 am
Attorney communications with the corporate employee experts of a client are not protected from discovery by the 2010 amendments to Rule 26.While amended Rule 26 did not create a new protection for non-reporting experts, neither did it “abrogate any existing protections for such communications. [read post]
5 Jul 2012, 1:51 pm
After the Dewsnup decision, a line of bankruptcy court cases in the Eleventh Circuit – including the underlying bankruptcy court decision in In re McNeal – treated Folendore as having been abrogated by Dewsnup. [read post]
4 Nov 2013, 4:00 am
We further conclude that section 36-6-101(a)(2)(C) abrogates any prior Tennessee decision . . . which may be read as requiring a party requesting modification of a residential parenting schedule to prove that the alleged material change in circumstances could not reasonably have been anticipated when the initial residential parenting schedule was established. [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]
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]
6 Apr 2019, 4:35 pm
That responsibility should not be abrogated just because international regulatory compliance is difficult. [read post]
24 Mar 2016, 1:50 pm
” CRST’s Reply Brief On March 10, 2016, CRST filed its reply brief, quickly observing the EEOC’s abandonment of the Eighth Circuit’s rule that a resolution “on the merits” is a precondition for a fee award, id. at 1, and requesting the Supreme Court to abrogate that rule as being without foundation in Title VII. [read post]
18 Feb 2016, 4:57 am
” The court in Rickey abrogated the impact rule only, with respect to bystander plaintiffs. [read post]
19 Oct 2008, 11:42 am
Rule 96ZQ(5) on the other hand provides that penalty is payable if the "amount specified" is not paid by "the date specified" - a clear abrogation of mens rea. [read post]
11 Aug 2023, 6:45 am
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]
20 Oct 2008, 3:33 pm
Much has been made of the abrogation of the secret ballot election, but equally dramatic are the limitations placed on collective bargaining and contract determination by an arbitrator if no agreement is reached in 120 days of negotiations. [read post]
7 Jun 2013, 11:06 am
The Court concluded that none of these changes spoke specifically enough to this unusual situation to “abrogate” the Court’s earlier Day & Zimmerman opinion. [read post]
3 May 2016, 12:01 pm
College Savings Bank, 527 U.S. 627 (1999), the Court held that Congress can’t abrogate states’ sovereign immunity from patent infringement claims. [read post]
5 Mar 2015, 6:00 am
Yousef 13-1361Issue: Whether a foreign official’s common-law immunity for acts performed on behalf of a foreign state is abrogated by plaintiffs’ allegations that those official acts violate jus cogens norms of international law. [read post]
18 Mar 2009, 4:00 am
Charles Fried of Harvard Law School: Since the alternative to the government bailout would have been bankruptcy with a resulting abrogation of these bonus promises along with other contractual obligations, was management remiss in not pressing for a renegotiation and were any of the recipients themselves involved in a self-dealing way in deciding not to renegotiate? [read post]
23 Jan 2024, 10:59 am
The new statute authorizes the agency to issue its own rules that “abrogate, add to, and modify the rules of the” horseracing authority. [read post]
