Search for: "ABROGATE"
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9 Jun 2023, 12:34 pm
Given the importance of the right to trial by jury, contractual provisions that abrogate that right will continue to be hotly debated and litigated. [read post]
1 Jun 2023, 2:23 pm
Ct. 792 (2021), asserting abrogation of the Ninth Circuit's ruling on redressability. [read post]
26 May 2023, 1:00 pm
In Royal Borough of Kensington and Chelsea v Bafna-Louis, 2023 WL 2387385 (S.D.N.Y., 2023) the Royal Borough of Kensington and Chelsea (the “RBKC”) brought a petition for the return of CBL and Baby L to the United Kingdom pursuant to the Hague Convention. [read post]
24 May 2023, 2:28 pm
The post “Another Failure to Apply the Amended Rule 3(c); Another court of appeals has relied on abrogated caselaw rather than the recently amended Rule 3(c) to limit the scope of an appeal” appeared first on How Appealing. [read post]
17 May 2023, 9:01 pm
In Percoco, the Court held that a private citizen does not owe the public a duty to provide honest services simply because he has strong influence over government decisions, again abrogating contrary Second Circuit precedent. [read post]
15 May 2023, 12:30 pm
Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward. [read post]
15 May 2023, 12:30 pm
Kagan’s treatment of the abrogation question – whether PROMESA’s abrogation of immunity is “unmistakably clear in the language of the statute” – is straightforward. [read post]
14 May 2023, 10:44 pm
And it held that the Terrorism Risk Insurance Act of 2002 (TRIA) did not clearly abrogate that immunity when it stated that “notwithstanding any other provision of law” certain assets of a “terrorist party” “shall be subject to execution or attachment. [read post]
11 May 2023, 3:13 pm
The Supreme Court ruled today that Congress did not abrogate sovereign immunity of the Financial Oversight and Management Board for Puerto Rico (as an arm of Puerto Rico) under the Puerto Rico Oversight, Management, and Economic Stability Act of 2016... [read post]
11 May 2023, 9:07 am
Centro de Periodismo Investigativo, in which an 8-1 Court concluded that Congress did not abrogate the Board's sovereign immunity. [read post]
10 May 2023, 1:55 pm
Regulatory Bulletinhttp://narf.org/nill/bulletins/regulatory/2023.html Missing or Murdered Indigenous Persons Awareness Day, 2023 (Presidential Proclamation) Alaska Native Claims Selection (Interior) Federal Baseline Water Quality Standards for Indian Reservations (EPA) Section 184 Indian Housing Loan Guarantee Program; Reduction to the Upfront and Annual Loan Guarantee Fees (HUD) Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an… [read post]
10 May 2023, 10:54 am
Berkman, 399 Ill.App.3d 456, 469-73 (2d Dist. 2010) abrogated by People v. [read post]
10 May 2023, 10:54 am
While the Bankruptcy Code abrogates the sovereign immunity of “governmental units,” the statute does not refer to Indian tribes in defining that term (or anywhere else). [read post]
10 May 2023, 4:30 am
As a result, judges who treat the Fourth Amendment as supplying the relevant standard for justifiable police use of violence have unwittingly abrogated this central idea that violence is justified only if absolutely necessary. [read post]
2 May 2023, 11:45 am
(Of the three Third District opinions, only this case (Butte IV) is good authority, the other two having been abrogated by SCOCA’s grants of review.) [read post]
25 Apr 2023, 2:25 pm
Kagan emphasized the oddity of the statute’s omission of tribes from the listed governments when they appear so commonly in the court’s abrogation cases. [read post]
24 Apr 2023, 6:28 pm
Coughlin involved whether federal bankruptcy law abrogated tribal immunity. [read post]
23 Apr 2023, 1:08 pm
Bremerton</i> Abrogated <i>Engel v. [read post]
21 Apr 2023, 4:00 am
The court added:[C]onsidering the recent clarifications from the Supreme Court of the United States on matters of discrimination and unequal treatment based on religious status, along with the abrogation of Lemon v. [read post]
20 Apr 2023, 3:49 pm
Second, courts will read federal statutes to abrogate that immunity only when they speak to the point “unequivocal[ly]. [read post]
