Search for: "ABROGATE"
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3 Nov 2011, 7:30 am
“The [United States] Supreme Court has held that the principle of joint and several liability is applicable in admiralty jurisdiction and that principle was not abrogated by the proportionate share approach rule,” continued the Virginia Supreme Court in Garlock Sealing. [read post]
13 Jul 2011, 4:15 am
The 9th Circuit reasoned:Sossamon is grounded on the line of Eleventh Amendment authority requiring "clear expression" to abrogate the sovereign immunity of states from damages claims. [read post]
6 Mar 2009, 3:55 pm
The Court reasoned that because the government has the constitutional power to establish a monetary system, this abrogation was a necessary and proper means to that end. [read post]
6 May 2018, 7:45 pm
If the Division seeks to abrogate the rights of a parent, it must do so by clear and convincing evidence. [read post]
9 Mar 2015, 8:54 am
We have too long abrogated our duty to enforce the separation of powers required by our Constitution. [read post]
16 Aug 2019, 8:07 am
” Fleet of copyright groups support pirate ship photographer before SCOTUS — “This week, more than a dozen groups including The Copyright Alliance and non-profit the Washington Legal Foundation filed briefs in support of the photographer, who has urged the US’s highest court to revive the Copyright Remedy Clarification Act of 1990 (CRCA) and its abrogation of state immunity. [read post]
2 Jun 2008, 9:08 am
Twombly, a case that abrogated Conley v. [read post]
20 May 2008, 8:45 am
” The United States nonetheless contends that certiorari is not warranted because the Department of Labor is currently considering a revision to Section 825.220(d) that would “eliminate any ambiguity in § 825.220(d), resolve the question presented in this case, and effectively abrogate the Fourth Circuit’s decision - at least on a going forward basis. [read post]
10 Sep 2011, 1:46 pm
Maryland Court of Appeals (No.10-1016) To decide whether Congress constitutionally abrogated states’ Eleventh Amendment immunity when it passed the self-care leave provision of the Family and Medical Leave Act. [read post]
23 Feb 2009, 8:14 am
Surfing a wave of electoral sentiment, the author notes, is a bad move for a Court cognizant of its historical legacy, and it may someday regret its decisions to invalidate the Violence Against Women Act, strike down the Gun Free School Zones Act, and abrogate damage remedy provisions under both the Age Discrimination and Americans with Disabilities Acts. [read post]
13 Jun 2011, 7:32 pm
N.J.S.A. 56:8-2.3 provides as follows: “The rights, remedies and prohibition accorded by the provisions of this Act are hereby declared to be in addition to and cumulative above any other rights, remedies or prohibition accorded by the common law or statutes of this State, and nothing contained herein shall be construed to deny, abrogate, or impair any such common law or statutory right, redress or prohibition. [read post]
22 Oct 2008, 10:03 am
(The photo below right is from the former prison, now a museum.)The Co-Prosecutors' July 18, 2007, Initial Submission had requested that Duch be indicted for the three core international crimes (war crimes, genocide, and crimes against humanity) as well as certain domestic crimes under the 1956 Penal Code, which was never abrogated by the Khmer Rouge and which forms part of the ECCC's subject matter jurisdiction. [read post]
1 Oct 2010, 12:35 pm
Judge Murray concluded that the parents had a common law duty to provide medical care to the child, parental immunity did not abrogate that duty, and the case should be reversed and remanded for trial on whether the parents were nonparties at fault for their inactions relating to post-operation medical care. [read post]
19 Apr 2010, 6:05 pm
Formerly, a citizen could use reasonable force to resist an illegal arrest, but the Legislature in Lansing abrogated that defense in 2002. [read post]
1 Mar 2008, 6:22 am
[On Point] Looking forward to comments from all the anti-reformers who claim to oppose reform because they're against the abrogation of the common law. [read post]
14 Aug 2024, 1:55 pm
Modification “merely replaces some terms of a valid and existing agreement while keeping those not abrogated by the modification in effect. [read post]
8 Dec 2009, 1:06 pm
Le 13 mai 2008, l'AG de la CNCPI avait voté, [read post]
15 May 2013, 5:15 am
The initial question was the extent to which the various product liability claims were subsumed or abrogated by the Ohio Product Liability Act. [read post]
30 May 2013, 9:05 pm
That is, he must demonstrate that Carpenter unexpectedly abrogated a consistent line of decisions recognizing the defense. [read post]
3 Feb 2016, 7:41 am
Boa explained the Qu'ran's Principle of Abrogation, by which Allah reserved to himself the right to replace, or abrogate, certain verses with later ones that contradict or conflict with the earlier ones. [read post]
