Search for: "ABROGATE"
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22 Mar 2007, 8:00 am
The legislation stopped short of abrogating the principle that all land belongs to the state, a fundamental part of the communist system put in place after Mao Zedong's rise to power in 1949. [read post]
15 Mar 2007, 5:26 am
City of Wixom, 820 F.2d 170, 175 (6th Cir.1987)(abrogated on other grounds Albright v. [read post]
15 Mar 2007, 1:04 am
Thus, diversity jurisdiction must "be explicitly abrogated by Congress," id., unless the diversity jurisdiction statute and the TCPA are "irreconcilable," see Colo. [read post]
14 Mar 2007, 1:50 am
The court found more than sufficient evidence below that MIS had, with reckless disregard to the truth, disregarded or overlooked several obvious inconsistencies when its raw data was considered against information it had been given about Horne, which should have, at the least, advised caution or further checks before presenting the unqualified summary of its results, and affirmed the trial judge's decision to let the matter go to the jury.Finally, the court agreed that it was error to grant… [read post]
12 Feb 2007, 7:12 am
However, "‘[c]omprising' is not a weasel word with which to abrogate claim limitations. [read post]
11 Feb 2007, 10:42 pm
Patent No. 5,126,156, Method of preparing and storing a free flowing, frozen alimentary dairy product"), issuance of patent in part by arguing commercial success to counter an obviousness rejection by the examiner, construction of term "bead" to mean having a "smooth spherical appearance" as supported by the specification, the term "comprising" raising a presumption that a list of elements is nonexclusive, "‘[c]omprising' is not a… [read post]
11 Feb 2007, 6:58 pm
Benevento, 836 F.2d 60 (2d Cir. 1987), abrogated on other grounds by United States v. [read post]
11 Feb 2007, 11:32 am
I think of Lamie as the case which resolved a controversy over the "drafting error" in the 1994 amendment to §330(a), holding that a chapter 11 debtor's lawyer can't be compensated from the estate unless that lawyer is employed by the trustee with Court approval (and abrogating In re Century Cleaning Services, Inc., 195 F.3d 1053 (9th Cir. 1999), which allowed such compensation where the services were necessary to estate administration).Now the other shoe has… [read post]
10 Feb 2007, 4:35 pm
The Board determined that the parties’ stipulation to the contrary (the parties agreed that failing to state the basis for an objection would not waive the objection) abrogated Guideline 3 and was, thus, not proper. [read post]
7 Feb 2007, 6:32 am
Art. 162 (now abrogated) stated that a person who caused material damages by violating deliberately and with culpability the provisions of the Code of Civil Procedure or other laws, or requirements determined by the court could be upon the request of an interested party obliged by the court to repair the damages caused.The aforementioned art. 162 and respective provisions of arts. 163-165 that defined the order of examination of the issues regarding calculation and imposition of judicial… [read post]
1 Feb 2007, 12:03 pm
"Accordingly, we join several sister circuits in holding that Congress acted within its Constitutional authority in abrogating sovereign immunity under Title II of the ADA. [read post]
25 Jan 2007, 6:49 pm
., assign as an agent, specific tasks, but they cannot abrogate, i.e., end, their responsibilities for managing GRC overall. [read post]
25 Jan 2007, 12:43 pm
I doubt that supporters of this proposition would also support abrogation by statute of the business judgment rule and repeal of the PSLRA. [read post]
22 Jan 2007, 10:42 am
We hold that Booker has not abrogated the previously prevailing constitutional jurisprudence that allowed sentencing courts to consider conduct underlying acquitted criminal charges.Judge Betty Fletcher finishes here dissent this way:Had the district court not rejected the jury's finding, defendants would have received a dramatically reduced sentence — a fact disputed by nobody in this case. [read post]
16 Jan 2007, 3:48 pm
The CA6 had held that the ADA did not abrogate Ohio's immunity. [read post]
13 Jan 2007, 9:09 am
Some of them are practical, especially if you need to know the state of the law in the 19th century of what the common law of something is (so you can show abrogation.) [read post]
11 Jan 2007, 6:47 am
Just because Kansas "abrogated" the insanity defense does not necessarily mean that evidence of insanity is inadmissible. [read post]
9 Jan 2007, 11:13 pm
Here's the cite: The Weber Case: The Judicial Abrogation of the Antidiscrimination Standard in Employment," 47 U. [read post]
8 Jan 2007, 7:32 pm
Robin Maher does an incredible job recruiting large law firms to shoulder this responsibility; an essential check and balance largely abrogated by death penalty jurisdictions. [read post]
8 Jan 2007, 12:52 pm
That contract can’t be abrogated now simply because the board has concluded it made a mistake. [read post]
