Search for: "ABROGATE"
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14 Sep 2017, 5:02 am
Ordinarily, this extraordinary action would, if possible at all, require an insolvency filing and court oversight of some kind, but the MPRA allows plans who aggregate benefits for many companies (multiemployer plans) to apply to the Treasury Department for administrative permission to abrogate their pension agreements and cut benefits with no court filing or general reorganization proceeding. [read post]
11 Feb 2007, 10:42 pm
Patent No. 5,126,156, Method of preparing and storing a free flowing, frozen alimentary dairy product"), issuance of patent in part by arguing commercial success to counter an obviousness rejection by the examiner, construction of term "bead" to mean having a "smooth spherical appearance" as supported by the specification, the term "comprising" raising a presumption that a list of elements is nonexclusive, "‘[c]omprising' is not a… [read post]
31 Oct 2017, 9:31 am
Allowing a judge to serve as the decider of pre-trial motions, the jury, the sentencer, and the appellate reviewer constituted a “clear abrogation” of New York’s court structure, according to the appellate court. [read post]
2 May 2019, 5:42 am
The statute did not clearly indicate legislative intent to abrogate a common-law cause of action. [read post]
2 Dec 2015, 8:20 am
Are there or should there be procedures for prosecuting prosecutors and judges whose actions are under the color of law but are substantially motivated in abrogation of their duty to act in good faith and without motive or political, or person, agendas. [read post]
22 Jun 2009, 3:08 pm
The Court then rejected Forest Grove's argument that one of the new provisions, Section 1412(a)(10)(C), was intended by Congress to abrogate Burlington. [read post]
9 May 2018, 3:02 am
The State argued that subsection (d) of the Claims Commission Act (§ 9-8-307(d)) abrogated the collateral source rule in this context. [read post]
29 Jun 2011, 9:19 pm
Les pouvoirs d'occupation sont abrogés. [read post]
6 Dec 2006, 8:26 am
Because the physical impact in this case was slight to nonexistent, allowing an emotional distress claim to proceed based on the Cooks' lingering mental anguish would essentially abrogate the requirements of Indiana's modified impact rule. [read post]
2 Dec 2010, 2:16 pm
The Fifth Circuit reasoned that “RLUIPA is clear enough to create a right for damages on the cause-of-action analysis, but not clear enough to do so in a manner that abrogates state sovereign immunity from suits for monetary relief. [read post]
12 Jun 2012, 6:02 pm
The older common law rule required a "breaking and entering;" however the legislature has abrogated the breaking element and now the law merely requires an entry with an intent to commit a felony. [read post]
26 Nov 2008, 10:51 am
In the meantime, the Florida Supreme Court has abrogated a legislative attempt to order the removal from the registry of any attorney who exceeds the 840-hour cap and requests compensation beyond the statutory limits. [read post]
14 Jun 2023, 7:14 am
What the circuit court and the parties fail to recognize is that the 1979 Guidelines were explicitly abrogated and replaced by the BIA when it promulgated the 2016 Guidelines. [read post]
27 Mar 2020, 11:26 am
(h) The recipient will not abrogate any existing collective bargaining agreement for the term of the loan and two years after repayment. [read post]
29 Sep 2014, 1:56 pm
City of Marion, 918 F.2d 1178, 1183 (5th Cir.1990), abrogated on other grounds as recognized in Martin v. [read post]
3 Jan 2011, 2:56 am
" The majority concluded that the TRCA did not abrogate Wisconsin's sovereign immunity.The court then addressed the issue of whether Wisconsin had waived its immunity by (1) "choosing to participate in the federally regulated trademark process," or (2) invoking the jurisdiction of the district court by bringing its action under Section 1071(b). [read post]
7 May 2012, 5:00 am
While "[a] question exists about whether Gentry survived the overruling of Discover Bank in Concepcion," the decision "has not been expressly abrogated or overruled," and therefore "appears to remain the binding law in California. [read post]
7 Apr 2010, 1:38 pm
Still, the statue could not abrogate a vested right. [read post]
4 Jan 2010, 3:45 am
The email stated: The conclusion drawn by each of my colleagues - some of whom are liberal Democrats, some of whom are conservative, law-and-order Republicans - is, to a person, that the detention and interrogation programs the United States implemented in the months and years following 9/11 is not only a complete abrogation and violation of international law and, in many cases, federal law - it is also fundamentally immoral. [read post]
30 Jul 2012, 12:57 pm
That right was only abrogated 17 years later, not by the Supreme Court, but by Congress’ passage of the Airport Noise and Capacity Act, 49 U.S.C. [read post]
