Search for: "ABROGATE"
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24 Jul 2020, 9:05 pm
He writes that harnessing the power of Title II abrogation cases would allow litigants to draw on a broader field of facts to demonstrate that a constitutional right was established. [read post]
24 Jul 2020, 9:30 am
Unfortunately, absent abrogation of Florida Prepaid Postsecondary Education Expense Board v. [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, 1:42 am
As a rare exception, Lord Mance named the decision in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, in which the UKSC defended the British constitutional instruments from being abrogated by European law. [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]
17 Jul 2020, 9:46 am
Here is what the Joint Committee on Reconstruction had to say in 1866 about an argument they made similar to that of Baude and Sachs: “It is more than idle, it is a mockery, to contend that a people who have thrown off their allegiance, destroyed the local government which bound their States to the Union as members thereof, defied its authority, refused to execute its laws, and abrogated every provision which gave them political rights within the Union, still retain,… [read post]
13 Jul 2020, 2:55 pm
As I noted at the time (here), in June 2019, Northern District of Illinois Judge Thomas Durkin abrogated the settlement of a merger objection lawsuit and ordered the plaintiffs’ counsel to disgorge the $322,000 mootness fee that the defendants had agreed to pay. [read post]
13 Jul 2020, 6:58 am
Sonner appealed, arguing that the California legislature abrogated the inadequate-remedy-at-law doctrine for equitable restitution claims under the UCL. [read post]
12 Jul 2020, 6:32 pm
But now, if the officer uses force to bring a lawbreaker into custody, the legal protections that he once enjoyed will be abrogated, if necessary, to appease that same minority. [read post]
10 Jul 2020, 8:49 am
Circuit abrogated the Federal Communications Commission (FCC) rulings construing that language, see ACA International v. [read post]
10 Jul 2020, 8:49 am
Circuit abrogated the Federal Communications Commission (FCC) rulings construing that language, see ACA International v. [read post]
9 Jul 2020, 12:03 pm
New federal bill seeks to stop high-speed animal slaughter and meat processing during COVID-19 kblocher@hslf.org Thu, 07/09/2020 - 19:03 New federal bill seeks to stop high-speed animal slaughter and meat processing during COVID-19 The Safe Line Speeds in COVID-19 Act would slow down line speeds to protect workers, animals, consumers WASHINGTON (July 9, 2020)—A coalition of animal welfare, consumer safety and worker rights organizations commend U.S. [read post]
9 Jul 2020, 5:48 am
The defendant was convicted of accessory after the fact to a felony and felony obstruction of justice in Cleveland County relating to her efforts to assist a murder suspect (later convicted of second-degree murder) evade capture. (1) The defendant argued the statutory offense of accessory after the fact abrogated the common law offense of obstruction of justice in part, such that she could not be convicted of both. [read post]
8 Jul 2020, 8:32 am
The Ninth Circuit went on to explain that federal common law would apply even if application of California law would achieve a different result: “Even assuming California decided as a matter of policy to streamline UCL and CLRA claims by abrogating the state’s inadequate-remedy-at-law doctrine, the strong federal policy protecting the constitutional right to a trial by jury outweighs that procedural interest. [read post]
8 Jul 2020, 8:32 am
The Ninth Circuit went on to explain that federal common law would apply even if application of California law would achieve a different result: “Even assuming California decided as a matter of policy to streamline UCL and CLRA claims by abrogating the state’s inadequate-remedy-at-law doctrine, the strong federal policy protecting the constitutional right to a trial by jury outweighs that procedural interest. [read post]
7 Jul 2020, 5:57 pm
The wife’s argument contended that the 1996 agreement could only have still been enforceable if it had specific wording in it that said that “reconciliation or remarriage will not abrogate the executory provisions of the Agreement,” which this couple’s document did not. [read post]
6 Jul 2020, 1:26 pm
However, community associations may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during the three defined designated holidays. [read post]
6 Jul 2020, 1:26 pm
However, community associations may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during the three defined designated holidays. [read post]
6 Jul 2020, 11:45 am
The March version abrogated 230 immunity to allow civil claims and state criminal charges against providers if the underlying conduct (i.e., some user’s actions on the service) violated the core federal CSAM statutes, 18 U.S.C. [read post]
4 Jul 2020, 10:02 am
Accordingly, even though the consensual approach encouraged by the judge employed a short cut that abrogated the need for a formal amendment of the landlords’ claim in the second action, the proceedings on which the judge made his Order must properly be regarded as “proceedings for possession brought under CPR Part 55”. [read post]
