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22 Jun 2010, 2:21 pm
He began by noting that the Florida Supreme Court previously had abrogated the traditional tort requirement that a plaintiff suffer a personal injury or property damage. [read post]
21 Jun 2010, 10:39 am
The argument there is not that RLUIPA abrogates the state's sovereign immunity, but rather that states, in accepting funds under RLUIPA, are voluntarily waiving their sovereign immunity.Together, then, Reinhard and Sossamon may well make the 2010 Term the bellwether for the Roberts Court when it comes to either following or retreating from the Rehnquist Court in one of the latter's more controversial areas of jurisprudence. [read post]
20 Jun 2010, 5:39 am
And from the paper: One avenue for reform lies in the renegotiation or abrogation of investment treaties. [read post]
19 Jun 2010, 5:21 pm
And most importantly, the Court was not ready to abrogate her privileged attorney-client communications. “Our conclusion that Stengart had an expectation of privacy in e-mails with her lawyer does not mean that employers cannot monitor or regulate the use of workplace computers. [read post]
19 Jun 2010, 11:13 am
The Times' editorial, however, implies that a state court should be able to redefine state property law without limits, even if doing so results in an abrogation of established rules. [read post]
14 Jun 2010, 8:46 pm
“What are exorbitant fees? [read post]
13 Jun 2010, 6:07 pm
McNair, 537 F.3d 981, 993 (9th Cir.2008) (en banc), abrogated in part on other grounds by Winter v. [read post]
13 Jun 2010, 9:08 am
But such abrogation to the children’s wishes, under these circumstances, was in violation of the agreement. [read post]
12 Jun 2010, 8:56 am
In Georgia, contract rescission has been held to be the complete abrogation (abolishment or cancellation) of a contract. [read post]
12 Jun 2010, 7:56 am
In Georgia, contract rescission has been held to be the complete abrogation (abolishment or cancellation) of a contract. [read post]
11 Jun 2010, 8:24 pm
This evidence allegedly established a defect in the product as manufactured that allowed for overheating.In his opinion, Judge Nealon reviewed a number of federal and state appellate decisions that abrogated the previous evidentiary requirement that a plaintiff pursuing a product liability negligence claim prove that the product was defective under strict liability principles in addition to establishing that the manufacturer failed to use reasonable care in designing the product.Judge… [read post]
8 Jun 2010, 7:34 pm
I. [read post]
8 Jun 2010, 9:42 am
As the Collins Court explained, the difference between the holding in Munoz and Taylor is that the former case held that there was an absence of duty, and thus a true absence of fault, where in the latter instance, there was only a decision that the Navy cannot be sued in civilian court, not an abrogation of fault. [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]
4 Jun 2010, 9:03 pm
But if, as most of the OJ commentators appear to believe, the real question going forward is the scope of common-law immunity in tort suits against foreign officials, won't there be a pretty strong argument that, in cases -- like Samantar -- brought under the TVPA, that statute will be understood to have abrogated any such immunity? [read post]
4 Jun 2010, 10:41 am
Congress may abrogate state sovereign immunity, but “only by stating unequivocally its desire to do so and only pursuant to a valid exercise of constitutional authority. [read post]
2 Jun 2010, 10:28 pm
Cumulation of rights and remedies; construction of act The rights, remedies and prohibitions accorded by the provisions of this act are hereby declared to be in addition to and cumulative of any other right, remedy or prohibition accorded by the common law or statutes of this State, and nothing contained herein shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition. [read post]
1 Jun 2010, 10:30 pm
No serious explanation is given for why it is permissible to directly abrogate these portions of Miranda, which had been upheld repeatedly throughout the years from 1966 until today. [read post]
30 May 2010, 2:15 pm
The Construction Defect Action Reform Act specifically states that it is not intended to abrogate or interfere with express construction warranties or the warranty process. [read post]
28 May 2010, 9:24 am
In his letter to the judge Russell wrote: [I]f the Court is contemplating abrogating our contract with co-liaison counsel, we respectfully request notice of that intention so that we may be heard on the matter and take any procedural steps (such as intervention in the case) necessary to preserve our ability to appeal any such order. [read post]
