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17 Dec 2019, 8:13 am
Article 6 defines high treason as an act committed by a person who, “abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means. [read post]
3 Jul 2010, 4:27 am
Herrera, the Supreme Court of Texas held that, unlike the family care provisions of the FMLA, Congress did not abrogate Texas' sovereign immunity for violations of the FMLA self-care provision and therefore the State of Texas cannot be sued for such violations. [read post]
28 Jul 2014, 10:44 am
The court also rejected the lenders’ argument that the CIDs were barred by tribal sovereign immunity because, in its view, settled Ninth Circuit law provided that sovereign immunity did not bar a suit by a federal agency even when Congress has not specifically abrogated tribal immunity. [read post]
19 Apr 2016, 4:45 pm
However, the Louisiana Supreme Court recently abrogated the Knighten Rule in State v. [read post]
14 Dec 2010, 2:36 pm
The court commented that it was not “modifying any viable order at all,” but rather “a change of custody abrogate[d] child support. [read post]
12 Apr 2009, 6:36 pm
A lot has been said about the Supreme Court's decision in 14 Penn Plaza v. [read post]
21 Oct 2007, 5:32 pm
A very divided Florida Supreme Court has affirmed a ruling by the state's 2nd District Court of Appeal, holding that the "impact rule" that normally applies to negligence lawsuits seeking solely damages for emotional distress, should not apply to a suit arising from a violation of the state's HIV confidentiality law. [read post]
8 Feb 2022, 5:01 am
Nonetheless, the court subsequently extended the ban on abrogation to cover state, as well as federal, court in Alden v. [read post]
12 May 2016, 12:30 pm
The states also argued that DAPA abrogated the President’s constitutional duty to “take Care that the Laws be faithfully executed. [read post]
9 Jun 2015, 10:24 am
It seems to me to represent a responsible bipartisan path forward that empowers the multistakeholder process without abrogating Congress' oversight of NTIA. [read post]
28 Dec 2017, 3:53 pm
When a business abrogates this duty, those that have suffered injuries and other harms and losses may rightfully seek compensation from the business for medical bills, lost income due to missed work, pain and suffering, the consequences of any short or long-term disabilities stemming from the injuries, and, depending on the specific circumstances, additional damages. [read post]
15 Oct 2021, 6:30 am
Except to the extent that the statute expressly abrogated common law doctrine, most members of the trademark bar believed that even after the statute's effective date, common law rules would continue to control most determinations.Along the way, the chapter recounts other interesting if not-very-consequential details. [read post]
14 Mar 2016, 2:21 am
The Federal Circuit held that the disparagement provision is facially unconstitutional under the First Amendment, abrogating prior circuit precedent that had found the provision constitutional. [read post]
11 Apr 2019, 6:30 pm
United States, 559 U.S. 196 (2010), is intervening Supreme Court law that abrogates this Circuit’s precedent. [read post]
7 Oct 2013, 1:30 pm
Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove westward. [read post]
12 Jul 2016, 4:12 pm
The states also argued that DAPA abrogated the President’s constitutional duty to “take Care that the Laws be faithfully executed. [read post]
17 Sep 2012, 4:13 am
This presumption stems from both common law and First Amendment concerns and may be abrogated only in unusual circumstances. [read post]
5 Oct 2020, 5:30 am
As such, the court in this Conti case stated that, since the Pennsylvania Supreme Court had not abrogated the reasoning set forth in the Williams case, the decision and law of the Williams case was found to be controlling in this matter. [read post]
2 Apr 2019, 3:41 pm
"At which point both the Legislature and the California Supreme Court get involved.The Legislature doesn't like losing, so it passes a new law, which is expressly designed to abrogate the Court of Appeal's holding. [read post]
5 Dec 2013, 9:00 pm
Dans le JO de Novembre, l'OEB a publié une décision et un communiqué sur la question des groupements de mandataires.Dans la décision, le CA abroge une décision de 1978 dans laquelle il avait décidé que l'expression "groupement de mandataire" ne devait désigner que des groupements dans lesquels les mandataires exerçaient à titre libéral. [read post]
