Search for: "ABROGATE"
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8 Aug 2014, 4:07 pm
That court specifically held that post hoc abrogation of a mitigation measure requires a legitimate reason and support by substantial evidence. [read post]
8 Aug 2014, 4:07 pm
That court specifically held that post hoc abrogation of a mitigation measure requires a legitimate reason and support by substantial evidence. [read post]
31 Jul 2014, 7:45 am
Judge Henderson dissented, believing the question of Zauderer’s appropriate scope to have been resolved in R.J. [read post]
28 Jul 2014, 10:44 am
The court also rejected the lenders’ argument that the CIDs were barred by tribal sovereign immunity because, in its view, settled Ninth Circuit law provided that sovereign immunity did not bar a suit by a federal agency even when Congress has not specifically abrogated tribal immunity. [read post]
27 Jul 2014, 4:00 am
En abrogeant les paragraphes 5 et 6 de l’article 737 C.Cr., le législateur a retiré au tribunal le pouvoir discrétionnaire d’imposer ou non la suramende si le contrevenant fait la démonstration qu’une telle suramende lui causerait un préjudice injustifié. [read post]
23 Jul 2014, 11:42 pm
Does the statute abrogate the common law in that situation? [read post]
23 Jul 2014, 4:01 pm
" Here, there is no indication on the face of the Article 10 statute or its legislative history that the legislature, in enacting Article 10, intended to abrogate the well-settled evidentiary requirements applicable to change of venue motions based on witness convenience. [read post]
22 Jul 2014, 7:09 pm
Yousuf 13-1361 Issue: Whether a foreign official’s common-law immunity for acts performed on behalf of a foreign state is abrogated by plaintiffs’ allegations that those official acts violate jus cogens norms of international law. [read post]
17 Jul 2014, 3:00 pm
The government’s next argument—that congressional oversight supplanted judicial oversight of CFIUS reviews—is also unconvincing to the court: “[w]e hardly think that, by reserving to itself such limited review of presidential actions and critical technology assessments, the Congress intended to abrogate the courts’ traditional role of policing government procedure for constitutional infirmity and perform that function itself. [read post]
17 Jul 2014, 1:24 am
The legislature also abrogated the right of the injured worker to choose any doctor from the DIR’s panel of physicians. [read post]
14 Jul 2014, 3:46 am
” Justice Blackwell then considered whether the Georgia General Assembly had “modified or abrogated the business judgment rule. [read post]
11 Jul 2014, 6:00 am
“‘This isn’t about trying to abrogate requirements by OSHA or anyone else,’ said Richard Rabs, chairman of RIMS’ external affairs committee. [read post]
9 Jul 2014, 3:04 pm
Pursuant to subsection (4), section 736.04113 does not abrogate the common law. [read post]
9 Jul 2014, 1:21 pm
Stabenow and to the Chairs of SCIA and SENR regarding a bill that would abrogate tribal water rights. [read post]
9 Jul 2014, 9:34 am
By William W. [read post]
8 Jul 2014, 11:47 am
Therefore, the fact that the claim was brought as a qui tam action did not abrogate Zurich’s duty to defend under the policy. [read post]
8 Jul 2014, 10:51 am
In addition to abrogating the common law claims for minority shareholder oppression, the Supreme Court also narrowed the definition of “oppressive” conduct, which is not defined in the statute, to include only those instances where the majority “abuse[s] their authority with intent to harm the interests of one or more shareholders in a manner that does not comport with the honest exercise of their business judgment. [read post]
1 Jul 2014, 6:00 am
First, the Court held that Gentry has been abrogated by Concepcion. [read post]
30 Jun 2014, 1:39 pm
There, the Court has said that before Congress may abrogate a state’s sovereign immunity to suit by citizens, Congress must establish a history of constitutional violations justifying the abrogation and show that there is a “congruence and proportionality” between that history and the means chosen to address it. [read post]
30 Jun 2014, 1:00 pm
Accordingly, the Court struck down the agency-fee provision on First Amendment grounds, but declined to abrogate Abood. [read post]
