Search for: "ABROGATE"
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15 Mar 2009, 7:37 am
The government cannot just abrogate contracts. [read post]
25 May 2010, 12:51 pm
The two Petitions for Writ of Certiorari (here and here) were filed in February 2010 and present almost identical questions for the Supreme Court’s consideration: Whether the Eighth Circuit 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]
28 Oct 2011, 2:34 pm
Such landowners may still seek claims against prior owners and are further permitted to seek environmental remediation, but private actions and damages have been severely abrogated by the Court’s ruling. [read post]
18 Dec 2006, 10:46 pm
Today's post is dedicated to the most significant modifications that relate to the rules on judicial expenses:The parties in cases of reexamination of a matter in the revision procedure are exempted from now on from the payment of the state tax (art. 85, para. n).Paragraph (1) of art. 90 that provided the definition of judicial costs was abrogated. [read post]
30 Oct 2008, 8:27 am
The ADA Amendments expressly abrogated Sutton. [read post]
5 Mar 2018, 1:19 pm
His discussion considered refinement and more or less sudden abrogation in subsequent case law of legal rules announced in four groundbreaking Delaware corporate law decisions: William B. [read post]
20 Oct 2021, 11:56 am
In dismissing the CDC’s appeal, the court clarified that its “dismissal does not abrogate the district court’s judgment or opinion, both of which remain in full force according to the express concession of the government during oral argument and in briefing. [read post]
13 Nov 2007, 1:04 am
The Law Society of Upper Canada issued a statement Monday, expressing "grave concerns about the dismantling of the rule of law in the Islamic Republic of Pakistan:"The Law Society deplores and condemns the imposition of the Proclamation of Emergency, the suspension of the Constitution of the Islamic Republic of Pakistan, the dismissal of Chief Justice Iftikhar Muhammad Chaudhry and over 40 other judges, the abrogation of the rule of law and of the independence of the Supreme Court… [read post]
27 Nov 2010, 3:27 am
"Avvenire quoted Faisalabad Bishop Joseph Coutts as saying that in asking for the abrogation of the law against blasphemy "we don't want to encourage disrespectful acts toward the prophet. [read post]
10 May 2007, 1:20 am
Rumsfeld, reserving Constitution-based decision in that 2006 case as it ruled that the 2005 statute had not clearly abrogated detainees' habeas rights.Within months Congress responded: included in the Military Commissions Act was a clearer cutoff of habeas rights. [read post]
28 May 2012, 12:00 am
Third, and this was a kind of slap in the face by the 11th Circuit, was that the opinion was based upon a 1989 case, Matter of Folendore, and the Court explained that the Dewsnup case did not abrogate or overrule their precedent in Matter of Folendore, and therefore, Matter of Folendore was still good law. [read post]
11 Dec 2007, 11:48 pm
However, in the past thirty years, the Supreme Court has shied away from that role and made it harder for individuals to obtain access to courts to vindicate their rights.From cases narrowing the Private Right of Action doctrine, to those rigorously enforcing the justiciability requirements of Article III; from rulings making it harder for public interest lawyers to win attorneys' fees as compensation for their law reform efforts, to those reviving the doctrine of sovereign immunity and… [read post]
19 Oct 2022, 5:06 pm
” In October 2019, before the abrogation of Article 370 of the Constitution of India, and the dismantling of Jammu and Kashmir into Union terrorizes, Mattoo and other activists, journalists and human rights lawyers were placed on a temporary “No Fly List” without any judicial order. [read post]
19 Jan 2010, 5:23 pm
Perhaps more so than state legislatures, state courts may be susceptible to reordering established property norms via abrogation of common law rules, "discovery" of background principles or custom never before enunciated, or expansion of the public trust. [read post]
29 Mar 2012, 6:23 am
The Court held that Congress lacked authority to abrogate states’ sovereign immunity because the FMLA self-care provision was not tailored to remedy or prevent discriminatory conduct violating the Fourteenth Amendment. [read post]
11 Feb 2007, 11:32 am
I think of Lamie as the case which resolved a controversy over the "drafting error" in the 1994 amendment to §330(a), holding that a chapter 11 debtor's lawyer can't be compensated from the estate unless that lawyer is employed by the trustee with Court approval (and abrogating In re Century Cleaning Services, Inc., 195 F.3d 1053 (9th Cir. 1999), which allowed such compensation where the services were necessary to estate administration).Now the other shoe has… [read post]
18 Apr 2019, 6:14 am
Since, personal laws are an integral part of every religion, modification or abrogation of personal laws will have its own complications. [read post]
24 Apr 2022, 6:42 am
A modification, unlike a novation, “merely replaces some of the terms of a valid and existing agreement while keeping those not abrogated by the modification in effect. [read post]
30 Nov 2022, 1:30 pm
The question here is whether Proposition 36, the Three Strikes Reform Act of 2012 (Proposition 36, the Reform Act, or the Act), changed the law so that sentencing courts no longer have that discretion, abrogating the Hendrix rule. [read post]
15 Jul 2010, 1:57 pm
The decision abrogates the ICA’s decision in Pono v. [read post]
