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26 Mar 2010, 1:30 pm
Of course, those findings, must be applied as the s 65DAA process requires; The abrogation or curtailment of parental responsibility with respect to long term issues involves a serious interference with fundamental rights and that is a factor which ought often be taken into account in assessing whether the best interests require the rebuttal of the presumption. [read post]
21 Aug 2009, 1:57 pm
That prosecutors - through charging decisions and other manipulation - have been able to abrogate the judicial function hardly means that judges like Richard Sullivan should be criticized for exercising his constitutional authority.UPDATE: Remember the Pennsylvania judges who sold children into juvenile prisons in exchange for kickbacks from the prison owners? [read post]
20 Apr 2012, 1:50 pm
” The court also noted that while section 512(a)(1) of ERISA allows plan participants to assert an action to clarify future benefits, it does not abrogate the requirement that there must be an injury in fact in order for the court to assert jurisdiction over the matter. [read post]
8 Jun 2012, 8:21 am
Imagine my surprise when someone informed me that the Europeans were calling for the abrogation of the ITRs for exactly those reasons. [read post]
3 Apr 2007, 9:44 am
When he was Mayor, he thought he had the power to abrogate the City Charter and illegally extend his term in office. [read post]
3 Jun 2019, 9:37 am
The settlement also included provisions that abrogated the government agencies’ ability to sue the Defendants, including: A release of all class claims against the Defendants; Irrevocably assigning and transferring to Defendants any recovery based on restitution, disgorgement of profits, or damages obtained by the government agencies for the benefit of the class; and Barring the class members from receiving any benefits from any lawsuit or arbitration related to the released claims. [read post]
15 Sep 2011, 4:11 am
Federal and State Immunity The Act claims to abrogate state immunity, and allows recovery against states and the United States as though they were non-governmental entities. [read post]
12 Apr 2012, 9:00 am
With these caveats the Court nonetheless held “that the willful blindness doctrine may be applied, in appropriate circumstances, to demonstrate knowledge or awareness of specific instances of infringement under the DMCA,” noting that the statute did not abrogate the common law doctrine directly or entirely. [read post]
28 Aug 2012, 1:03 pm
The unanimous Litman decision held that the Third Circuit’s prior decision in Homa was abrogated by Concepcion because the New Jersey law on which Homa relied was preempted by the FAA. [read post]
30 Nov 2008, 12:41 am
Significantly, the committee note explains that the 1996 amendment to the rule “does not abrogate prior case law holding that a party's right of appeal arises when there is a termination of judicial labor on the issue involved as to that party. [read post]
9 Nov 2010, 5:10 am
(They ended up upholding Congress’s abrogation by a 5-4 vote.) [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]
12 Feb 2022, 10:14 am
The effect of rescission is to render the contract abrogated and of no force and effect from the beginning. [read post]
16 Jun 2020, 2:10 pm
The potential problem, however, is in the simultaneous abrogation of environmental protections in such statutes as the Endangered Species Act, 16 U.S.C. [read post]
12 Feb 2007, 7:12 am
However, "‘[c]omprising' is not a weasel word with which to abrogate claim limitations. [read post]
29 Dec 2009, 1:44 pm
Its reasoning would effectively abrogate the statutory exemption for projects disapproved by a public agency. [read post]
1 Nov 2007, 8:57 am
Rao continued: Mr.Parasaran suggested that Article 19(1)(g) can be abridged, if not abrogated. [read post]
28 May 2021, 5:19 pm
Insomuch as the plaintiff did not contest that the defendant was a state agency protected under the Eleventh Amendment, nor did he argue that the State of Georgia had waived its immunity to his ADEA claim, the district court found that the critical question was whether the United States Congress had abrogated states’ rights to immunity as to ADEA claims. [read post]
8 Jul 2015, 12:47 pm
In the absence of evidence of congressional intent to abrogate the [historically grounded] broadest reasonable interpretation standard, we should not act to adopt a different standard based on our own notions of appropriate public policy. [read post]
19 Sep 2013, 6:47 am
The Second Circuit concluded that the Italian Colors decision abrogated the district court’s previous basis for invalidating a class action waiver provision in an arbitration clause promulgated by Ernst & Young. [read post]
