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13 Dec 2013, 5:16 am
How Financial Institutions May Benefit from Changes to the Rule Against Perpetuities by Reid K.Weisbord in the CLS Blue Sky Blog Now that most jurisdictions have repealed or abrogated the Rule Against Perpetuities, estate planning practitioners have started to consider whether a trust created to comply with the Rule could, after the Rule’s repeal, be extended in perpetuity to provide for future generations of the settlor’s descendants. [read post]
13 Dec 2013, 4:52 am
Retirees had vested health insurance rights that could not be abrogated by successor collective bargaining agreementKolbe v Tibbetts. 2013 NY Slip Op 08290, Court of AppealsFour former non-instructional employees of the Newfane Central School District retired between 2003 and 2008. [read post]
12 Dec 2013, 1:02 am
The majority found that Article 3, Section 2, of the Constitution abrogated the States’ sovereign immunity and granted federal courts the affirmative power to hear disputes between private citizens and States. [read post]
11 Dec 2013, 2:43 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]
9 Dec 2013, 10:49 am
As the brief acknowledges, “the rules and policy choices established by the CDA are in many ways directly contrary to the long-standing common law principles it abrogated. [read post]
5 Dec 2013, 9:00 pm
Dans le JO de Novembre, l'OEB a publié une décision et un communiqué sur la question des groupements de mandataires.Dans la décision, le CA abroge une décision de 1978 dans laquelle il avait décidé que l'expression "groupement de mandataire" ne devait désigner que des groupements dans lesquels les mandataires exerçaient à titre libéral. [read post]
3 Dec 2013, 9:14 am
United States, which is expressly abrogated by today's decision.] [read post]
3 Dec 2013, 4:00 am
., 19 NY3d 876.Because the determination of the appropriate penalty for drug use by EMS workers goes directly to the Department’s core mission and involves public safety, and because specific legislation vests disciplinary authority over such matters with the Fire Commissioner, this issue is removed altogether from the sphere of collective bargaining.The Union has also contended that the Department’s automatic termination policy “interferes with EMS workers' procedural due… [read post]
27 Nov 2013, 10:33 am
The tribe argues, however, that the Sixth Circuit was correct to hold that tribal sovereignty can only be abrogated in two ways: (1) consent of the tribe or (2) action by Congress to affirmatively abrogate sovereignty. [read post]
25 Nov 2013, 10:48 pm
Suing Yourself In 1995 a prison inmate in Virginia sued himself for having consumed alcohol and therefore abrogated his own religious obligations. [read post]
25 Nov 2013, 10:48 pm
Suing Yourself In 1995 a prison inmate in Virginia sued himself for having consumed alcohol and therefore abrogated his own religious obligations. [read post]
19 Nov 2013, 12:16 pm
Concepcion abrogates California's Broughton-Cruz rule that actions for public injunctive relief are not subject to arbitration. [read post]
18 Nov 2013, 8:04 am
The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak havoc on modern tribal governance. [read post]
17 Nov 2013, 9:00 pm
The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak havoc on modern tribal governance. [read post]
17 Nov 2013, 9:00 pm
The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak havoc on modern tribal governance. [read post]
17 Nov 2013, 9:06 am
Plaintiff having failed to demonstrate that she attempted to exhaust other, less drastic, remedies to enforce the pendente lite support order, she is not entitled to an order holding defendant in contempt. [read post]
15 Nov 2013, 8:40 am
Williams concluded, IMO correctly, that:Differences between their treatments of the writ [by Lincoln and Davis] can be traced to how they saw the abrogation of civil liberties contributing to the achievement of those goals, and not to any fundamental difference in political philosophy. [read post]
14 Nov 2013, 4:24 pm
In seeking to give legal force and effect to the parties' stipulation, the Court has inadvertently abrogated to the parties a function that is exclusively within the province of the Court. [read post]
13 Nov 2013, 2:59 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]
13 Nov 2013, 6:00 am
WHEREAS, certain gaming Tribes, in order to eliminate competition, have sought to constrain the ability of neighboring nations to conduct Class III gaming on their lands by obtaining from the state government a promise of “geographic exclusivity” pursuant to which the state agrees to not allowany Class III gaming on all or a portion of the lands of such neighboring Indian nations; and WHEREAS,… [read post]
