Search for: "ABROGATE"
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30 Jun 2023, 7:30 am
., 550 U.S. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d 388 (CCPA 1982), and Durling v. [read post]
5 Feb 2016, 7:53 am
It held unanimously that the anti-abrogation provision has no effect on the evolution of common-law claims, and the learned intermediary doctrine does not abrogate anything anyway: Moreover, the LID does not abrogate a right to recover damages, but instead provides a means for a manufacturer to fulfill its duty to warn the end user by properly warning the learne [read post]
27 Feb 2018, 11:40 am
Nor is there a credible argument that Congress has abrogated tribal sovereign immunity. [read post]
27 Feb 2018, 11:40 am
Nor is there a credible argument that Congress has abrogated tribal sovereign immunity. [read post]
12 Aug 2010, 8:30 pm
The idea that the duty of care should be abrogated and replaced by an ethic of self reliance and duty to diversify reverberates through other contract and corporate doctrines as well. [read post]
4 Feb 2009, 6:30 am
Because these patient rights are of constitutional proportions, they are inalienable and cannot be abrogated, abridged and/or infringed by statute or common law for the special interest benefit of those hired third-parties. [read post]
12 Apr 2011, 12:20 am
Court of Federal Claims held that two federal statutes worked a taking under the three-part Penn Central test because it abrogated the rights of the owner of a Louisiana apartment building to prepay its way out of providing low income housing. [read post]
13 Mar 2008, 8:46 pm
Some creditors have continued to demand higher interest rates and have argued that BAPCPA had some way abrogated the Supreme Court's decision in Till v SCS Credit Corp., 541 U.S. 465 (2004) given the anti-cramdown provision in the new Bankruptcy Code. [read post]
27 Dec 2007, 8:33 am
Article 6 reads as follows: "Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. [read post]
9 Jan 2020, 9:21 am
In Felter, we determined the hunting and fishing rights of the individuals were not abrogated because the statute did not clearly abrogate them—this is a narrowing construction. [read post]
10 Dec 2011, 9:44 am
The Real Property Tax Assessment Evidence Clarification Act of 2011 would abrogate the aformentioned case law by allowing a condemnee to introduce as evidence the assessed tax value of the subject real property if the assessed tax value for the tax year in which the taking occurred is greater than the appraised value placed upon the property by the District for the purpose of condemnation. [read post]
14 Mar 2019, 12:35 pm
In 2011, Pennsylvania enacted the Fair Share Act, which was remedial legislation designed to mitigate the unfairness of joint and several liability in mass, and other, tort litigation by abrogating joint and several liability in favor of apportionment of shares among multiple defendants, including settled defendants.1 Although the statute stated the general rule in terms of negligence,2 the Act was clearly intended to apply to actions for so-called strict liability:3 “(1) Where… [read post]
14 Aug 2013, 4:10 pm
In seeking to give legal force and effect to the parties' stipulation, the Court has inadvertently abrogated to the parties a function that is exclusively within the province of the Court. [read post]
29 Oct 2019, 10:00 am
Allen argues that the copyright clause allows abrogation. [read post]
5 Jul 2010, 8:00 am
If one was to fully understand the situation of the VFW lease, one would probably be appalled the VFW received nothing for its valuable rights for the next 50 years of control. [read post]
24 Dec 2020, 9:21 am
Forgive me for a bit of self-promotion, but I wanted to flag an amicus brief that a group affiliated with UNC Law filed with the Supreme Court supporting a petition for cert. by the Plaintiff in Torres v. [read post]
1 May 2018, 10:37 am
P. 84 (2007) (abrogated,eff. [read post]
20 Jul 2020, 4:00 am
"As Congress has not abrogated New York's immunity against suit in this circumstance nor has New York waived its immunity from suit, the Circuit Court concluded that "the district court did not err in sua sponte dismissing [Plaintiff's] complaint as frivolous" as the NYSDOL is immune from suit brought in federal courts. [read post]
20 Jul 2020, 12:00 am
"As Congress has not abrogated New York's immunity against suit in this circumstance nor has New York waived its immunity from suit, the Circuit Court concluded that "the district court did not err in sua sponte dismissing [Plaintiff's] complaint as frivolous" as the NYSDOL is immune from suit brought in federal courts. [read post]
1 Aug 2013, 1:07 pm
The SJC acknowledged that AmEx abrogated its decision in Feeney v. [read post]
