Search for: "ABROGATE"
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29 May 2014, 5:38 pm
The 5-4 decision emphasizes that sovereign immunity applies unless Congress unequivocally abrogates it, although the opinion takes pains to note that Michigan had other avenues available to stop the allegedly unlawful casino. [read post]
13 Feb 2008, 7:31 pm
The net effect of the recommendations in this Report is to affirm the importance of client legal privilege as a fundamental principle of the common law that only may be abrogated in exceptional circumstances, and to provide, through federal client legal privilege legislation, a confirmation of the default principles in relation to privilege and a framework for making and resolving claims of client legal privilege in federal investigations. [read post]
10 Nov 2017, 1:44 pm
Harris and subsequent decisions, which abrogated the use of special standards in deadly force cases and established “reasonableness” as the ultimate and only inquiry; and (2) whether, in light of the direct conflict with several of its sister circuits, the U.S. [read post]
6 Jul 2009, 7:22 am
As a result, the Court of Justice proved that the Community is indeed based on the rule of law and that the fi ght against terrorism - how important it may be - cannot be used as a justifi cation for completely abrogating European constitutional law values as guaranteed within the Community and its Member States. [read post]
3 Oct 2011, 8:16 am
While the Israeli government repeatedly asserted that by giving up military presence it has abrogated its rights and duties as Occupant, a substantial number of countries and international lawyers maintain that notwithstanding the lack of territorial control Israel still remains the Occupying Power. [read post]
15 Apr 2011, 3:56 pm
Such a ruling amounts to an abrogation of Palazzolo. .... [read post]
26 Jun 2012, 9:03 am
Rappaport, a shoulder dystocia case where the doctor was accused of excessive force when performing the corkscrew procedure in delivering the child, which abrogated the former “error in judgment rule” as a defense in medical malpractice cases. [read post]
29 Aug 2010, 7:02 am
. ___, 129 S Ct 1710, 173 L Ed 2d 485 (2009), which abrogated the well-established rule in New York v Belton, 453 U.S. 454; 101 S Ct 2860; 69 L Ed 2d 768 (1981) and its progeny, we must consider whether an officer's good faith reliance on case law that is later overturned may form a proper basis to avoid the operation of the exclusionary rule. [read post]
2 May 2011, 6:48 am
Elizabeth Warren has long expressed her disdain for freedom of contract and arbitration, and, as Dan Fisher points out has the regulatory power to abrogate the Federal Arbitration Act. [read post]
18 Nov 2013, 8:04 am
The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak havoc on modern tribal governance. [read post]
9 Aug 2017, 9:20 am
Whatever its wisdom, tribal immunity endures, and Indian tribes are not subject to the civil jurisdiction of our courts absent a clear, explicit, and unmistakable waiver of tribal sovereign immunity or a congressional abrogation of that immunity. [read post]
1 Jan 2012, 7:40 am
If for no other reason than that arbitration abrogates the jury system, it is generally looked upon with disfavor by lawyers who represent plaintiffs in civil disputes. [read post]
10 Dec 2010, 3:16 pm
.], abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the FDA-approved labeling for the listed (or branded) drug. [read post]
2 Jul 2007, 6:08 am
The First Department noted that the Department/Board of Education and the City remained separate legal entities, and that the legislative changes did not otherwise abrogate the statutory scheme for bringing lawsuits arising out of torts allegedly committed by the Department/Board of Education and its employees. [read post]
2 Mar 2011, 10:07 am
On appeal, the defendant claims that the court (1) should have ordered that the minor child with special needs continue to receive treatment in the New York City area or, in the alternative, that the court should have awarded her the Florida home so that the child could receive more affordable treatment in Florida, (2) failed to allocate expenses for the special needs child in abrogation of the child support guidelines, (3) should have ordered that the plaintiff pay 90 percent of the fees… [read post]
14 Jan 2015, 6:32 am
It has not been suggested that Congress provided authority for an insurer such as Occidental to abrogate, waive, or otherwise assert the sovereign immunity of an Indian nation through appropriate legislation. [read post]
17 May 2007, 3:00 am
The mere "eventual" emergence of a dangerous condition as a result of wear and tear and environmental factors, as described by one of the plaintiff's experts, does not constitute an affirmative act of negligence that abrogates the need to comply with prior written notice requirements.NYCL will keep you abreast of developments in this case. [read post]
26 Jun 2012, 9:03 am
Rappaport, a shoulder dystocia case where the doctor was accused of excessive force when performing the corkscrew procedure in delivering the child, which abrogated the former “error in judgment rule” as a defense in medical malpractice cases. [read post]
7 Jun 2019, 10:22 am
Of course, Halliburton was abrogated by the 1952 Patent Act with the adoption of what is now known as 35 U.S.C. 112(f): Element in Claim for a Combination. [read post]
8 Sep 2008, 4:15 am
" In contrast, although the ADEA does contain a clear congressional statement of intent to abrogate the States' immunity, the Supreme Court in Kimel v. [read post]
