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1 Mar 2017, 7:40 am
.): 431 Order An excerpt: As set forth above, the Court finds that: (i) this is a facial attack on the Court’s subject matter jurisdiction allowing the Court to review various documents attached to the pleadings; (ii) both QCA and Thunderbird are sufficiently related to their respective Indian tribes to enjoy the tribes’ sovereign immunity; and (iii) neither Section 106(a) nor Section 101(27) abrogates QCA’s and Thunderbird’s sovereign immunity. [read post]
1 Mar 2017, 6:36 am
The Supreme Court abrogated part of the Newman holding in Salman, but did not discuss the “meaningfully close personal relationship” language.The First Circuit likewise did not need to go that far, instead holding narrowly that the record evidence and testimony provided a sufficient basis for a reasonable jury to conclude that the tipper acted in expectation of a personal benefit. [read post]
27 Feb 2017, 12:22 pm
Richter silently abrogates the presumption set forth in Ylst v. [read post]
27 Feb 2017, 11:34 am
Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. [read post]
27 Feb 2017, 8:21 am
Richter silently abrogates the presumption set forth in Ylst v. [read post]
23 Feb 2017, 1:09 pm
Richter silently abrogates the presumption set forth in Ylst v. [read post]
23 Feb 2017, 12:04 pm
Richter silently abrogates the presumption set forth in Ylst v. [read post]
22 Feb 2017, 3:23 pm
When sovereign immunity conflicts with legislation, Congress may abrogate sovereign immunity if it has unequivocally expressed its intent to abrogate the immunity and has acted pursuant to a valid exercise of power. [read post]
20 Feb 2017, 7:02 am
“I don’t understand how this is anything other than a termination for supporting public policy in Ohio. [read post]
16 Feb 2017, 3:15 am
“The word ‘security’ is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment. [read post]
10 Feb 2017, 8:25 pm
Oneida Tribe of Indians of Wisconsin 16-745 Issues: (1) Whether Congress abrogated the sovereign immunity of an Indian tribe under the Fair and Accurate Credit Transactions Act amendment to the Fair Credit Reporting Act, codified as 15 U.S.C. [read post]
9 Feb 2017, 7:06 am
Townsend very directly and explicitly abrogated Guevera v. [read post]
8 Feb 2017, 4:00 am
This unprecedented argument, if accepted, would sanction the abrogation by the Law Society of its responsibilities to the public and the legal profession, as expressly vested in it by the legislature. [read post]
3 Feb 2017, 10:24 am
Later in the campaign, he vowed to strictly enforce the JCPOA rather than abrogate the agreement. [read post]
2 Feb 2017, 1:22 pm
Hinckley, 550 F.3d 926 (10th Cir. 2008) abrogated by Reynolds v. [read post]
1 Feb 2017, 6:26 am
, 686 F.3d 1144 (10th Cir. 2013) (ruling in favor of tribal interests on procedural grounds but holding tribal corporation not immune from suit) (Gorsuch filed concurring opinion explaining in more detail why tribal corporation not immune; “Of course, Indian tribes are entitled to sovereign immunity absent congressional abrogation. [read post]
27 Jan 2017, 2:33 pm
In 2006, Congress amended the law to abrogate some specific misinterpretations and to take the decision of whether a state qualified away from the conflicted habeas courts and give it to the U.S. [read post]
24 Jan 2017, 7:15 pm
This memorandum does not abrogate any collective bargaining agreement in effect on the date of this memorandum. [read post]
24 Jan 2017, 7:31 am
Even so, it seemed odd that the Brits thought they could abrogate a treaty by referendum. [read post]
17 Jan 2017, 9:59 am
There is no policy basis for such a distinction; in fact logic dictates that this is actually a bad policy, and that merely expressing frustration with the way things are is a mighty slender reed for abrogating the First Amendment. [read post]
