Search for: "ABROGATE"
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30 Jun 2016, 9:20 am
The parties raised a number of arguments under Delaware corporate law regarding the ability of an LLC to abrogate its fiduciary responsibilities and contract away the right to file bankruptcy. [read post]
30 Jun 2016, 6:02 am
Governor Jay Nixon vetoed a bill that would have essentially abrogated the collateral source rule, stating the bill was particularly unfair to those purchasing insurance. [read post]
29 Jun 2016, 2:27 am
Furthermore, a 2014-15 feasibility study suggested that scope existed for supported resettlement of BIOT – it was now open to any Chagossian to mount a fresh challenge to the failure to abrogate the relevant legislation. [read post]
27 Jun 2016, 8:20 am
As of 2012, Iowa had 88,637 farms. [read post]
24 Jun 2016, 3:52 pm
Some officers are dirty and deserve to be stained, but many, many others are doing their best at a difficult job and being second-guessed over decisions that must be made on the spot, sometimes in situations where the law is unclear at the time of the act.These considerations aside, Judge Newman's main thesis is that Congress should abrogate two Supreme Court lines of cases, one that established the qualified immunity rule and one that negated for §1983 suits the usual rule… [read post]
23 Jun 2016, 4:26 am
In one week the US Supreme Court removed (or at least lowered hurdles) to receiving enhanced damages in patent cases and attorney’s fees in copyright suits, reminding litigants that these decisions are at the discretion of the district court, which is not to be abrogated on appeal. [read post]
22 Jun 2016, 8:15 am
., supra, this Court explained that the “baseline position … is tribal immunity; and [t]o abrogate [such] immunity, Congress must unequivocally express that purpose …. [read post]
22 Jun 2016, 7:17 am
But Congress’s preference to abrogate its declaratory power rather than assume responsibility for a military campaign that is nearing its two-year anniversary signals the rot in our system. [read post]
22 Jun 2016, 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]
20 Jun 2016, 2:01 pm
The court in Viacom was only partially sympathetic to YouTube's argument, holding that section 512(m) limits but does not completely abrogate the common law doctrine. [read post]
17 Jun 2016, 8:39 am
Printer’s Number 1903: Abrogates the revisions promulgated by the Department of Environmental Protection to the Chapter 78 regulations concerning oil and gas operations as those proposes revisions relate to conventional oil and gas wells. [read post]
17 Jun 2016, 5:08 am
Because it is settled federal law that sovereign Indian tribes enjoy immunity from suit in state and federal court—absent waiver or abrogation by Congress—we reverse the Court of Appeals with instructions for the district court to dismiss the suit for lack of subject matter jurisdiction. [read post]
16 Jun 2016, 9:17 am
Circuit Rule 28-4, Extensions of Time and Enlargements of Size and Form 7 have been abrogated. [read post]
10 Jun 2016, 12:58 pm
Hard to imagine a less respectful stance toward the constitution and property rights, much less a more explicit abrogation of limited government principles. [read post]
9 Jun 2016, 4:05 am
Chief Justice Moore also stated that the Eleventh Circuit’s finding that the Alabama Supreme Court's order was abrogated by the Supreme Court's decision in Obergefell “is plainly wrong. [read post]
7 Jun 2016, 6:01 am
It was a few years ago, on a panel at American University’s Washington College of Law, that I heard Brad Berenson—who served in the White House Counsel’s office under President Bush—make an arresting statement about the American Presidency. [read post]
3 Jun 2016, 7:00 am
Previously, Congress has done so by abrogating immunity for “state sponsors of terrorism,” while leaving it to the executive branch to decide which nations should receive this designation. [read post]
31 May 2016, 9:52 am
Such an amendment would effectively abrogate BIPA claims related to the collection of user faceprints by online services. [read post]
25 May 2016, 8:10 pm
Warfaa 15-1345 Issue: Whether a foreign official’s common-law immunity for acts performed on behalf of a foreign state is abrogated by plaintiff’s allegations that those official acts violated jus cogens norms of international law. [read post]
23 May 2016, 12:54 pm
The Court of Appeals held that regardless of whether a physician is required or permitted by law to report instances of abuse or threatened future harm to authorities, which may involve the disclosure of confidential information, it does not follow that such disclosure necessarily constitutes an abrogation of the evidentiary privilege a criminal defendant enjoys under CPLR 4504 (a). [read post]
