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8 Dec 2009, 2:30 am
" As an example of that dramatic, relatively rapid transformation (the whole article was worth reading just to get to this sentence): "Ohio, in an excess of patriotic fervor, ... abrogated the English common law in 1806, despite the absence of a body of statute law to take its place. [read post]
5 Dec 2009, 11:23 am
Super. 1981), was abrogated by the Pennsylvania Supreme Court's decision in Commonwealth v. [read post]
4 Dec 2009, 11:01 pm by Rick
When the rights of “the obviously guilty” are abrogated, the abrogation of the rights of the rest of us is not far behind. [read post]
4 Dec 2009, 11:01 pm
When the rights of "the obviously guilty" are abrogated, the abrogation of the rights of the rest of us is not far behind. [read post]
27 Nov 2009, 9:34 pm
[it] avoids the particular constitutional concerns that may be presented by reading the statute, which applies to specific named entities, to abrogate such contracts, including even in cases where performance has already been completed but payment has not been rendered. [read post]
24 Nov 2009, 9:36 am by D.J. Evans
Previously, the primary question with respect to ERISA liens was whether the plan could write a policy provision which abrogated the common fund doctrine. [read post]
23 Nov 2009, 5:34 am
  Since Congress’s abrogation of McNally through the adoption of section 1346, courts have struggled to define the honest services theory of fraud so that it applies to cases of clear corruption, such as those involving bribery and kickbacks, without applying to every instance of unethical or dishonest conduct. [read post]
19 Nov 2009, 12:12 pm by Paralegal Mentor
Jenkins does not abrogate the attorney’s responsibili­ties under Model Rule 1.5 to set a reasonable fee for legal services, and it follows that those considerations apply to a fee that includes a fee for paralegal services. [read post]
19 Nov 2009, 12:00 pm by Collins & Collins
The jury didn't buy it, and sent a message that such an abrogation of corporate responsibility for the acts of its agents is intolerable. [read post]
18 Nov 2009, 3:21 pm
In the paper, I address the challenge created by the Supreme Court's 2007 Leegin decision, which abrogated the 96 year-old rule declaring resale price maintenance (RPM) to be per se illegal. [read post]
10 Nov 2009, 7:15 am
., A-3737-07T1, November 10, 2009: "Procedural rules are not abrogated or abridged by plaintiff's pro se status. [read post]
6 Nov 2009, 12:07 pm
Indiana has implemented a comprehensive scheme for regulating riverboat gambling and thus has partially abrogated the common law right of exclusion. [read post]
2 Nov 2009, 2:55 pm
There are two limited exceptions to this general presumption: if FERC concludes that the contract "seriously harms the public interest" or if the parties to the contract agree that the Mobile-Sierra public interest standard will not apply, then FERC may abrogate or modify contract rates. [read post]
13 Oct 2009, 8:07 am
Aspen Mine Co. 175 Cal.App.3d 973 (1985) (an 18 year old became intoxicated in a restaurant and when she left she ran across the street against a traffic signal into the path of a car) as relevant authority for the proposition that Plaintiff cannot state causes of action for negligence and negligent supervision-special relationship because the California State Legislature in 1978 abrogated our Supreme Court's application of common law negligence principles to alcohol consumption… [read post]
9 Oct 2009, 3:52 pm by Randall Hodgkinson
We, therefore, abrogate and overrule the holding in Crow and conclude that decision imposes an improper hurdle in the assertion of a defendant's rights under the Confrontation Clause as interpreted in Crawford and subsequent decisions.Finally, the KSC considered whether the statute could be saved in any part. [read post]