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6 Apr 2017, 7:00 am
., the abrogation of the authority granted to a public employer by §72.4 to terminate the disabled employee, "it is implicated in the instant matter," termination of the disabled employee as authorized by Civil Service Law §71.The Appellate Division said that as an arbitrator would not be able to fashion a remedy that would not violate public policy in this instance, a preemptive stay of arbitration with respect to the employee's grievance is not improper.N.B. [read post]
14 Feb 2013, 8:08 pm
There was no legal authority suggesting that the insurance code had abrogated a common law action for fraud. [read post]
21 Apr 2016, 4:42 am
Constitution.The theory is that free speech is abrogated if an unskilled litigant cannot get adequate representation if no attorney would take the case because of inadequate pay; ergo an individual's right to contract freely (subject of course to legality) is compromised.In addition the court noted that individuals can waive their constitutional rights, so they certainly should be able to waive a lower standard law, i.e. a fee constriction statute.But by far the most interesting point… [read post]
30 Oct 2012, 11:53 am
Superior Court, abrogated on other grounds by Cel-Tech Communications, Inc. v. [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]
14 Oct 2021, 9:00 am
Before the abrogation of extraterritoriality in 1943, for example, a Chinese national accused of smuggling would be treated under domestic laws while a foreign national accused of smuggling would be treated under international treaties. [read post]
5 Apr 2015, 8:46 pm
The district court then used the (abrogated) analysis of the Ninth’s Aguila-Montes de Oca, and applied a modified categorical analysis. [read post]
21 Aug 2013, 8:11 am
The Second Circuit has now subscribed to the same view, finding that the reasoning of the Supreme Court’s decision in Italian Colors abrogated the district court’s basis for invalidating the collective action waiver at issue. [read post]
13 Sep 2013, 7:24 am
Cir. 1984), abrogated on othergrounds by Beatrice Foods Co. v. [read post]
20 Aug 2019, 9:01 am
The district court denied the state’s motion, holding that the CRCA abrogated the state’s sovereign immunity from suit. [read post]
24 Aug 2015, 7:31 pm
Noting the holding in Reed “abrogates” that Circuit’s prior holdings as to content neutrality, the Court went on to state: "Applying Reed’s first step, we find that South Carolina’s anti-robocall statute is content based because it makes content distinctions on its face. [read post]
17 May 2016, 8:25 pm
As Steve Vladeck has explained, three holdings in particular would fall: first, JASTA would overturn SDNY’s most recent holding in In Re Terrorist Attacks that the entire tort must take place in the U.S. for sovereign immunity to be abrogated under the Foreign Sovereign Immunities Act. [read post]
15 Jun 2017, 1:30 pm
Data transferred to the United States creates untold thousands of jobs processing that data here; if changes in U.S. law or policy led to the abrogation of the Privacy Shield, those jobs would move out of the U.S. [read post]
27 Sep 2013, 2:58 am
Some mention is made of the need to have meaningful exceptions and limitations (E & L) ( at p16) and the need to ensure that these are not abrogated online through the use of technological protection mechanisms protected by anti-circumvention provisions (at p29). [read post]
18 Nov 2014, 2:06 pm
After carefully reviewing all the relevant authorities cited by the parties, the Appellate Court concluded that no Illinois Supreme Court decision has expressly abrogated the public duty rule. [read post]
4 Jul 2024, 6:02 am
The recent abrogation of Chevron has absolutely no impact on Glomar responses, and it certainly doesn’t foreclose their use.Congratulations to Mr. [read post]
24 Jun 2014, 3:12 pm
Particularly with respect to the references to “incident” and “computer forensics” reports, it is important to note that nothing in the statute purports to abrogate the attorney-client privilege or work product doctrine, which could, in certain circumstances, protect these reports from compelled disclosure. [read post]
20 Sep 2023, 12:11 pm
SCOTUS: Tribal sovereign immunity abrogated through the code. [read post]
2 Nov 2015, 2:23 pm
Through the auspices of popular constitutionalism, the American people worked to abrogate the Supreme Court’s understanding of the Takings Clause and replace it with their own. [read post]
23 Mar 2016, 4:00 am
The Appellate Division reversed the lower court’s ruling, explaining that “the fact that Dolan could also have been removed from his position as Commissioner pursuant to Public Officers Law §36 did not abrogate the Board's right to remove him as a member of the fire department” pursuant to General Municipal Law §209-L.As to the merits of the disciplinary action taken against Dolan, the court said that “the fire district sufficiently established that… [read post]
