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18 Aug 2020, 2:18 pm
Sveen has nothing to do with public-employee pensions and isn't even a case about state governments trying to abrogate their own contracts, but in the absence of better tea leaves, it's the best clue we have to the current Supreme Court's thinking about the Contract Clause. . . . [read post]
5 May 2016, 3:09 pm
The truth of a proposition requires more than the lapse of 20 years since some nincompoop wrote it down. [1] Preliminary Draft of Proposed Amendments to the Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence (Aug. 2015); See also Debra Cassens Weiss, “Federal judiciary considers dumping ‘ancient documents’ rule,” ABA Journal Online (Aug. 19, 2015). [2] Peter Nicolas, “Saving an Old Friend From Extinction: A Proposal to Amend Rather Than to… [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]
1 Jun 2023, 2:23 pm
Ct. 792 (2021), asserting abrogation of the Ninth Circuit's ruling on redressability. [read post]
23 Jul 2012, 6:01 am
The “purposive approach” was not abrogated by the Supreme Court, like the lower court claimed. [read post]
20 Aug 2014, 8:25 am
The Court also found the equine immunity statute abrogates the common law rescue doctrine for equine activity participants. [read post]
5 Aug 2015, 4:00 am
This is not to say that LC has not accomplished many things in recent decades, but it has abrogated a leadership role at the very time it was needed. [read post]
19 Dec 2008, 9:55 am
If it was not repealed then the five school districts are obligated only to rebate the traditional seventy-five percent rebate for those two years and may retain the remaining twenty-five percent, which roughly translates into a collective dispute over $97,550,113.36.There is no express clear abrogation of Wyo. [read post]
28 Jun 2021, 3:01 pm
" This right of public access, "whether arising under the First Amendment or the common law, 'may be abrogated only in unusual circumstances.'" Thus, "'a strong presumption in favor of access' [to judicial records] is the starting point. [read post]
4 Aug 2011, 11:01 am
Such reissuance (including this section) shall not be subject to judicial review and shall not abrogate or otherwise have any effect on the order and judgment issued by the United States District Court for the District of Wyoming in Case Numbers 09–CV–118J and 09–CV–138J on November 18, 2010. [read post]
9 Apr 2010, 7:48 am
Margarita Garza de Escabedo, No. 09-0377 (docket and briefs): “The issue is whether Civil Practices and Remedies Code section 41.0105 abrogates the collateral-source rule, either as an evidentiary rule or a damages rule, when an injured person’s initial medical expenses differ from those actually paid or incurred by or on the claimant’s behalf. [read post]
8 Apr 2009, 6:22 am
Rabb, 752 F.2d 1320, 1323 (9th Cir. 1984) (citing Reglio with approval and holding that "[a] criminal defendant acquires no personal right of redress in suppressed evidence"), abrogated on other grounds by Bourjaily v. [read post]
5 Mar 2018, 9:01 pm
To answer this question, the Court must decide whether to abrogate its holding in Quill Corp. v. [read post]
2 Apr 2018, 1:37 pm
Newman, 773 F.3d 438 (2d Cir. 2014) (abrogated on other grounds by Salman v. [read post]
14 Dec 2009, 10:36 am
The SEC can reach out and abrogate any Board rules, including rules relating to inspections and investigations. [read post]
13 Aug 2012, 12:21 pm
If one looks at the press release and backgrounder put out by the Ministry of Education it lists some of the motivations as being: to establish a transparent hiring process; pushing more teachers to retire; and, reducing the number of days retired teachers can work in schools per year from ninety-five to fifty.While I would be the first to argue that there's a sore need for vastly increased intergenerational equity within the labour markets of the Ontario Public Service and the broader public… [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]
19 Aug 2022, 3:40 pm
Centro de Periodismo Investigativo, Inc. 22-96Issue: Whether the Puerto Rico Oversight, Management, and Economic Stability Act’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims. [read post]
14 Feb 2019, 6:36 am
The Russian Foreign Ministry has stated that “the EU is demonstrating a disregard for existing international legal instruments, including the Chemical Weapons Convention, by abrogating to itself the right to attribute blame for chemical weapons incidents. [read post]
11 Feb 2007, 6:58 pm
Benevento, 836 F.2d 60 (2d Cir. 1987), abrogated on other grounds by United States v. [read post]
