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11 Jun 2010, 8:24 pm
This evidence allegedly established a defect in the product as manufactured that allowed for overheating.In his opinion, Judge Nealon reviewed a number of federal and state appellate decisions that abrogated the previous evidentiary requirement that a plaintiff pursuing a product liability negligence claim prove that the product was defective under strict liability principles in addition to establishing that the manufacturer failed to use reasonable care in designing the product.Judge… [read post]
31 Dec 2009, 10:30 am
By encouraging other judges to abrogate their professional duty by engaging in conduct that was patently improper, respondent compounded his misconduct.... [read post]
4 Sep 2013, 12:57 pm
First, Michigan asks the Court to examine “IGRA as a whole” to find Congressional intent to waive of tribal sovereign immunity or, in the alternative, to overrule Santa Clara Pueblo and apply a “less strict standard” when considering whether legislation such as IGRA abrogates tribal sovereign immunity. [read post]
12 Dec 2007, 6:22 am
Next, although, as a general rule, grants of tax exemptions are narrowly construed, it is equally true that “we are not to abrogate the purpose of the exemption through too narrow an application. [read post]
11 Jul 2013, 7:31 pm
However, they needed to find a way to clean this up and not seem like they were abrogating the collateral source rule. [read post]
20 Jan 2015, 2:26 pm
See Yoder, supra, at 214, 219; Sherbert, supra, at 403, 406.RFRA was an attempt to abrogate Smith using the Congress's power under Section 5 of the Fourteenth Amendment. [read post]
18 Jun 2017, 11:36 pm
Meaning that decisions are being made, up and down the country, by Councillors and other politicians, without a proper understanding of the full facts – arguably an abrogation of their duty as an elected member. [read post]
26 Oct 2016, 2:55 am
This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney’s fees in accordance with the provisions of any written contract between the parties to the action. [read post]
9 Jan 2013, 6:04 am
Dion, which is a Supreme Court case holding that Congress had abrogated a tribe's eagle hunting rights through the Bald Eagle Act, as well as some of the RFRA cases brought against the Act by Native Americans themselves. [read post]
26 Oct 2007, 3:52 pm
In the face of this colossal arrogance and abrogation of responsibility, I’m off to a service provider that actually provides a service. [read post]
12 Oct 2011, 3:00 am
Bennett, 938 F.2d 31 (2d Cir. 1991), was abrogated by these Supreme Court decisions, and determined tha the “forum selection clause arises only after the question of the arbitrability of the dispute has been resolved in favor of arbitration” and hence was for the arbitrator to interpret and apply (the Court did not address the question whether the words of the forum selection clause might itself be used to support the argument that the parties did not intend to arbitrate but… [read post]
23 May 2010, 2:40 am
The Committee "deplores" France's returning of individuals to countries where they risk torture or other cruel, inhuman or degrading treatment (§§16-18).With respect to police custody, interrogation and imprisonment (image credit), the Observatoire International des Prisons notes the severity of the Committee's remarks, and summarizes the recommendations -- which are final and cannot be appealed -- as follows:The Committee requests that France "consider… [read post]
23 Apr 2008, 4:54 am
On appeal, Louisiana argued “CAFA does not apply, and that even if it does apply by its terms, it cannot abrogate sovereign immunity from federal process, or at the least Congress did not clearly do so in CAFA. [read post]
3 May 2018, 4:43 pm
Pursuant to this doctrine, absent clear written indication, courts are reluctant to conclude a tribe has forfeited previously held rights “because the United States treaty drafters had the sophistication and experience to use express language for the abrogation of treaty rights. [read post]
29 Mar 2022, 9:30 am
“Regardless of whether the state secrets privilege is rooted only in the common law (as respondents argue) or also in the Constitution (as the Government argues), the privilege should not be held to have been abrogated or limited unless Congress has at least used clear statutory language. [read post]
12 May 2014, 8:57 am
With so many other mechanisms already underway, or about to start, to lower federal sentencing -- the Attorney General's August 2013 abrogation of mandatory minimum indictments; the Sentencing Commission's all-comers reduction of drug offense levels; and the aggressive system of unprecedented mass pardons DOJ has made clear it will implement as soon and as robustly as possible -- with all this, the urgency of the campaign for the SSA as it stood… [read post]
1 Apr 2015, 4:00 am
Il y a trois ans, le Parlement est revenu en partie sur ce choix de politique générale antérieur : il a abrogé la loi qui avait constitué le registre des armes d’épaule faisant partie du régime de contrôle des armes à feu et décrété la destruction des données que le registre contenait. [read post]
6 Jul 2020, 1:26 pm
However, community associations may not promulgate rules that attempt to abrogate a homeowner’s right to use fireworks during the three defined designated holidays. [read post]
28 Sep 2022, 5:00 am
This development is even more consequential in light of the upcoming and ongoing Constitutional bench cases like the challenges to the Sabrimala verdict, Citizenship (Amendment) Act of 2019, and the abrogation of Article 370, as well as ascertaining Reservation for the Economically Weaker Section (EWS). [read post]
18 Dec 2013, 2:10 pm
These presumptions give force to the idea that the executive function should not be performed robotically, while at the same time they prevent the two forms of non-enforcement that most closely resemble the abrogated royal suspending and dispensing powers. [read post]
