Search for: "ABROGATE"
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16 Oct 2007, 2:52 pm
Superior Court ___ Cal.3d ___ [the "social host" case] be abrogated in favor of prior judicial interpretation finding the consumption of alcoholic beverages rather than the serving of alcoholic beverages as the proximate cause of injuries inflicted upon another by an intoxicated person.-- which is the legislative equivalent of telling the Supreme Court and other creative jurists: "We mean it, man! [read post]
7 Jan 2011, 5:59 am
The deportation of these Haitians abrogates their right to life given the inhumane prison conditions they will face at home, particularly during the cholera epidemic, which has hit prisons particularly hard. [read post]
25 Apr 2010, 3:54 pm
The critical question for whether Quon will undermine Stengart is whether Quon will state that employers can abrogate an employee's reasonable expectation of privacy with a policy stating that all communications made using company equipment are non-confidential, and will be monitored. [read post]
2 Mar 2021, 10:36 am
The Georgia Supreme Court concluded that the respondeat superior rule had been abrogated by OCGA section 51–12–33. [read post]
18 Mar 2012, 9:17 am
The Act does not abrogate an insurer's defenses based on a material misrepresentation. 5. [read post]
22 May 2012, 4:05 pm
Dunham) was the following constitutional lesson to Government: (1) Access to the s. 96 courts is a fundamental premise of the constitutional arrangement of Canada which cannot be materially hindered by anyone (BCGEU), including either Parliament or the legislatures, just as public and political discourse may not be abrogated by law (Alberta Reference). (2) The mandate of the Province under s. 92(14) is to maintain, that is, to provide adequately for, the courts. [read post]
2 Jun 2008, 8:11 am
Allowing such an approach would completely abrogate the purpose of the Patent Rules, which is to effectuate an orderly and efficient pretrial process. [read post]
11 Dec 2011, 6:17 pm
A trial court is called to consider whether “[t]he circumstances claimed to be changed by defendant’s income are, in reality, the circumstances contemplated by the very agreement plaintiff now seeks to abrogate. [read post]
17 Apr 2012, 5:34 pm
Accordingly, the Supreme Court held that common law principles of immunity were incorporated into the law and should not be abrogated in the absence of clear legislative intent. [read post]
22 Jul 2008, 2:11 pm
Mukasey , No. 07-5211 "Petition for review of a denial of asylum and related relief is denied where: 1) the REAL ID Act of 2005 abrogated the circuit court's holding in a prior case that an adverse credibility determination cannot be based on inconsistencies and omissions that are ancillary or collateral to an applicant's claims of persecution; and 2) pursuant to the REAL ID Act, an IJ's adverse credibility was proper in light of the totality of the circumstances. [read post]
25 Mar 2012, 9:08 am
However, there is currently a circuit split as to whether Hall Street abrogated this judicially created doctrine.A party disappointed with the decision of the arbitrator(s) will likely argue that the arbitrators acted with "manifest disregard of the law," and may also try to argue that the decision is in "manifest distregard of the facts. [read post]
18 Aug 2008, 11:51 am
The Appellants contended, inter alia, that his provision was harsh inasmuch as it imposed a reverse burden upon the exporter, and also violative of Article 14, as it discriminated against exporters as opposed to domestic traders.Responding to the Article 14 argument, the Court observed, first, that the Act in question was placed in the Ninth Schedule of the Constitution, and therefore could not be held to be ultra vires even if it did abridge or abrogate fundamental rights under Part III. [read post]
31 Dec 2008, 3:02 am
Pointing in particular to the pact's abrogation of contractor immunity, she maintained that if U.S. officials had negotiated the pact with the knowledge that they would have to "sell it to Congress," the result would have been better. [read post]
3 Apr 2015, 9:47 am
Constitution, impermissibly abrogates state sovereign immunity, and wrongfully preempt state laws that limit recognition of out-of-state marriages to opposite-sex unions. [read post]
28 Apr 2017, 8:30 am
The NPRM asks questions and seeks information including: how much money the elimination of the main studio rule would save stations, the public interest benefits that would result from any monetary savings (e.g. better programming), information about how often the main studio is currently visited by community members and why they visit, information about how community members communicate with broadcasters with complaints or suggestions about broadcast operations, whether stations can still… [read post]
25 Sep 2022, 12:37 pm
Padilla case No. 19STTCV27561, abrogated Section 301.3, which mandated the appointment of a minimum number of females to boards, concluding that the statute violated the Equal Protection Clause of the California Constitution. [read post]
19 Apr 2012, 5:46 am
After repeated French attacks on American shipping, Congress in June 1798 abrogated existing treaties with France. [read post]
15 Aug 2017, 12:32 pm
The court noted that it was to “liberally construe” the sweeping abrogation of sovereign immunity in the Act. [read post]
4 Dec 2015, 6:55 am
Turning to the employee’s argument that the company’s employment policies and procedures were ambiguous and created a contractual relationship that abrogated her at-will status, the court found that the policies, when read as a whole, unambiguously indicated that the company preserved its at-will employment relationship with its employees. [read post]
23 May 2016, 12:10 pm
Notwithstanding the plaintiff’s shrewd attempt to abrogate the court’s jurisdiction, the court denied the motion for remand. [read post]
