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19 May 2010, 6:47 am by Erin Miller
Mensing Docket: 09-993; 09-1039 Issue: Whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the Federal Drug Administration-approved labeling for the listed (or branded) drug. [read post]
9 Jan 2023, 9:53 am by Guest Author
Here, the Kohler Act went too far because it abrogated the Pennsylvania Coal Company’s property and contract rights—and not in a way that stopped the Company from externalizing the costs to neighbors of a nuisance use on their part. [read post]
24 Jan 2015, 3:22 pm by Kirk Jenkins
The Chief Justice asked whether the legislature intended in 1997 to abrogate the common law distinction between agents and brokers, and counsel answered yes. [read post]
23 Nov 2014, 4:00 am by Administrator
Avec la décriminalisation de l’homosexualité et l’abrogation du concept de «grossière indécence», est également disparue une interprétation discriminatoire de l’inceste. [read post]
23 Jun 2013, 7:00 pm by Stephen Bilkis
However, it does not support it with such zeal that time proven constitutional safeguards can be abrogated. [read post]
16 Jun 2009, 10:50 pm
Thus, even if the dicta were binding; it would have been abrogated by federal statute. [read post]
5 May 2020, 7:57 am by Jessica Litman
Blatt replied that, even without the primary significance test, multiple sections of the trademark statute “overrule, repudiate, abrogate and completely eradicate any notion that you could have a per se rule that would ignore what consumers think. [read post]
19 Nov 2011, 10:00 pm
" http://t.co/qncDAn1 B-NM acknowledges split of authority in holding that §106(a) abrogates the sovereign immunity of Indian Tribes. http://t.co/1lfrN9Z B-TN reviews the doctrine of quasi-judicial immunity for BK trustees & their counsel as applied thru the circuits. http://t.co/mhgmVmN B-TX: Settlement agrs. [read post]
9 Aug 2013, 6:46 am by Joy Waltemath
Finding that Cavin decision was abrogated, the Sixth Circuit applied the revised regulation here and determined that the employer was entitled to enforce its usual and customary notice and procedural requirements against the employee. [read post]
17 Jul 2012, 10:00 pm by Nietzer
In both the Wal-Mart case and the Penn State scandal, it appears the respective Boards abrogated their duties. [read post]
27 Mar 2012, 3:38 am by Kendall Gray
Court of Appeals of Maryland Coleman asks whether Congress had the power under the 14th Amendment to abrogate state sovereign immunity and require states to give employees time off for "self care" under the Family Medical and Leave Act. [read post]
5 Sep 2019, 8:30 am by Andrée Blumstein
., reading “sex” in Title VII to include “sexual orientation” and “gender identity” triggers a serious constitutional question as to whether Congress validly abrogated state sovereign immunity for claims of discrimination based on sexual orientation or gender identity. [read post]
3 Oct 2011, 7:55 pm by Schachtman
  The “mantra” is helpful to the extent it imposes an objective epistemic standard, especially in states that have failed to impose, or that have abrogated, expert witness gatekeeping. [read post]
17 May 2011, 4:45 pm
 This Act shall, in the alternative, also be understood as an exercise of Congressional power to enforce the Fourteenth Amendment, insofar as the elderly are a discrete and insular minority, health care is a right, and/or future generations who will be saddled with our debt necessarily lack current political power; accordingly, and in the alternative, this Act hereby abrogates state sovereign immunity. [read post]
1 Jun 2010, 10:30 pm by Rick
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]
16 Jul 2015, 2:21 pm by Lorene Park
It explained that “fielding occasional calls about one’s job while on leave is a professional courtesy that does not abrogate or interfere with the exercise of an employee’s FMLA rights. [read post]
24 May 2010, 7:46 am by Erin Miller
Mensing Docket: 09-993; 09-1039 Issue: Whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the Federal Drug Administration-approved labeling for the listed (or branded) drug. [read post]
1 Mar 2013, 9:51 am by Jordan Steiker
  Justice Alito sought to highlight the potential cost of essentially abrogating the limitations period on a plausible showing of innocence by asking how many prisoners in Michigan would claim to be actually innocent. [read post]
19 Apr 2011, 3:49 am by Mandelman
  NO… WAIT A MINUTE… yes it does… it’s the dumbest idea in the history of the world, a complete abrogation of our democracy, and if there’s any justice in the world, those involved will be violently gang raped in prison every day for 50 years, or stricken with palsy. [read post]