Search for: "ABROGATE"
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30 Jun 2021, 4:46 am
Immunity under the Eleventh Amendment is only lost if it a state expressly consents to suit or Congress indisputably abrogates states’ immunity. [read post]
29 Jun 2021, 2:54 pm
Historically, this was because many Circuit Courts had ruled that claims based upon alleged misstatements or omissions could not also be brought under these provisions.[2] In 2019, Lorenzo abrogated these decisions and held that false or misleading statements or omissions could also form the basis of scheme liability under subsection (a) of Rule 10b-5. [read post]
29 Jun 2021, 2:25 pm
But on balance, I can go along with Justice Barrett's position that the 1952 Act abrogated the precedent. [read post]
29 Jun 2021, 1:20 pm
But congressional abrogation is not the only means of subjecting States to suit. [read post]
28 Jun 2021, 3:01 pm
" This right of public access, "whether arising under the First Amendment or the common law, 'may be abrogated only in unusual circumstances.'" Thus, "'a strong presumption in favor of access' [to judicial records] is the starting point. [read post]
27 Jun 2021, 9:00 pm
A judge would need to find that the board violated the law, acted unreasonably, or otherwise abrogated its fiduciary responsibilities. [read post]
22 Jun 2021, 7:24 am
” With no contract at issue, the court then turned to whether a vested right had been abrogated. [read post]
20 Jun 2021, 9:05 pm
This duty prevailed before the Civil War but was abrogated after Reconstruction by racially discriminatory southern laws. [read post]
14 Jun 2021, 6:23 am
Arguing that the general rule of "at will" employment is somehow abrogated by the Nuremberg Code because the vaccine has only been authorized for emergency use and not yet fully authorized? [read post]
14 Jun 2021, 6:23 am
Arguing that the general rule of "at will" employment is somehow abrogated by the Nuremberg Code because the vaccine has only been authorized for emergency use and not yet fully authorized? [read post]
10 Jun 2021, 5:16 am
This shameful episode has absolutely nothing to do with force majeure that absolves a contracting party from liability for abrogating a contract. [read post]
10 Jun 2021, 5:16 am
This shameful episode has absolutely nothing to do with force majeure that absolves a contracting party from liability for abrogating a contract. [read post]
3 Jun 2021, 9:15 am
Five years after abrogation of Form 18 (a sample patent infringement complaint that was said to be plaintiff-friendly) and nearly 15 years after Twombly, jurisdictional analyses have diverged. [read post]
3 Jun 2021, 9:15 am
Five years after abrogation of Form 18 (a sample patent infringement complaint that was said to be plaintiff-friendly) and nearly 15 years after Twombly, jurisdictional analyses have diverged. [read post]
1 Jun 2021, 7:15 am
The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. [read post]
1 Jun 2021, 6:28 am
The prevalence of sexual assault that women suffer in the military has remained startlingly and stubbornly high. [read post]
28 May 2021, 5:19 pm
Insomuch as the plaintiff did not contest that the defendant was a state agency protected under the Eleventh Amendment, nor did he argue that the State of Georgia had waived its immunity to his ADEA claim, the district court found that the critical question was whether the United States Congress had abrogated states’ rights to immunity as to ADEA claims. [read post]
26 May 2021, 5:01 am
I think that's true, as others have observed; and it put me in mind of a passage from Edmund Burke's Mar. 22, 1775 Speech on Conciliation with America: Pursuing the same plan of punishing by the denial of the exercise of government to still greater lengths, we wholly abrogated the ancient government of Massachusetts. [read post]
22 May 2021, 2:46 pm
However, if I were wrong so that “the principle of trial by jury previously practised in Hong Kong” would include the right as now contended by the Applicant, that right would have been abrogated by the combined operation of NSL 46(1) and NSL 62 as a matter of necessary implication. [read post]
18 May 2021, 1:15 pm
Solutions were proposed to level the playing field, including Congress enacting a law validly abrogating state sovereign immunity and waiving sovereign immunity for states acting as market participants. [read post]
