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29 Jun 2014, 9:01 pm by Vikram David Amar
While it may be argued that this bill proposes an improper ‘repeal,’ the better view would appear to be reflected in an opinion by Legislative Counsel concluding that the Legislature is within its powers to delete statutes that have been abrogated by the courts. [read post]
25 Jun 2014, 10:04 am by Joy Waltemath
A divided California Supreme Court has ruled that its decision in Gentry v Superior Court has been abrogated by recent decisions of the U.S. [read post]
24 Jun 2014, 3:12 pm by Steve Satterfield
 Particularly with respect to the references to “incident” and “computer forensics” reports, it is  important to note that nothing in the statute purports to abrogate the attorney-client privilege or work product doctrine, which could, in certain circumstances, protect these reports from compelled disclosure. [read post]
24 Jun 2014, 2:12 pm by Steve Satterfield
 Particularly with respect to the references to “incident” and “computer forensics” reports, it is  important to note that nothing in the statute purports to abrogate the attorney-client privilege or work product doctrine, which could, in certain circumstances, protect these reports from compelled disclosure. [read post]
23 Jun 2014, 3:42 pm by Anthony Zaller
Superior Court (2007) 42 Cal.4th 443 (Gentry) has been abrogated by recent United States Supreme Court precedent. [read post]
23 Jun 2014, 11:01 am by H. Scott Leviant
Superior Court (2007) 42 Cal.4th 443 (Gentry) has been abrogated by recent United States Supreme Court precedent. [read post]
23 Jun 2014, 9:33 am by Betty S.W. Graumlich
., six months) could not be enforced as to federal discrimination claims because it would abrogate the EEOC’s exclusive jurisdictional period. [read post]
Finally, the court found that DUFA abrogates all former common-law actions that may have existed for underground facility damage. [read post]
17 Jun 2014, 7:15 am by Maureen Johnston
Department of Transportation 13-1126Issue: (1) Whether the circuit court’s ruling violated the Supremacy Clause by failing to enforce the unambiguous terms of a later-enacted statute under the last-in-time rule; (2) whether the Supremacy Clause supports a presumption that an Act of Congress should not be read to abrogate treaty provisions; and (3) whether the circuit court’s invocation of a plain statement rule in connection with a facially unambiguous statute violated the… [read post]
16 Jun 2014, 10:55 am
Many state legislatures have abrogated them, and some state supreme courts have done the same. [read post]
16 Jun 2014, 9:37 am by MBettman
Finally, Yeaples argues that since the current intentional tort statute, R.C. 2745.01, with its deliberate intent requirements, unarguably applies only to actions against an employer, the common law standards established in Blankenship and Fyffe  continue to control claims against co-workers, and have not been abrogated. [read post]