Search for: "ABROGATE"
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17 Jun 2016, 8:39 am
Printer’s Number 1903: Abrogates the revisions promulgated by the Department of Environmental Protection to the Chapter 78 regulations concerning oil and gas operations as those proposes revisions relate to conventional oil and gas wells. [read post]
17 Dec 2008, 2:25 pm
We anticipate that one of the more difficult aspects of implementation of this provision will be continuing to comply with the "child find" obligations of IDEA, which, Department of Education officials also emphasize, are in no way abrogated or compromised by the provision that parents may revoke consent for special education. [read post]
29 Jul 2015, 7:31 am
However, the federal government abrogated its sovereign immunity in the Federal Torts Claims Act of 1946, which allowed plaintiffs to bring some tort claims against the government. [read post]
31 Jul 2018, 4:42 pm
Juries Now Have Substantial Discretion In 1996, the Alabama Supreme Court ruled that the abrogation of the common law collateral source rule as expounded by section 12-21-45 was unconstitutional and therefore illegal, but then in 2000, the same court overturned their earlier decision and decided that the statute could continue to apply (thus limiting the application of the collateral source rule). [read post]
21 Dec 2008, 5:18 pm
Being inalienable, the Attorney General argues that the right to liberty/right to marry of lesbians and gay men cannot be abrogated either by the legislature or by the electorate (circumventing the legislature through the initiative process, as it did in enacting Prop. 8), without demonstrating some compelling interest given that this right is considered fundamental and it involves the enjoyment of the right by a suspect class. [read post]
26 Apr 2011, 10:00 am
” Justices Breyer, Kennedy, Alito, and Sotomayor each raised the question of what, if any, countervailing governmental interest or harm would justify the abrogation of the fiduciary exception here. [read post]
11 Jun 2014, 9:53 am
Since the Stand Your Ground Law does not clearly indicate intent to abrogate the common law rules with respect to preclusion, those rules still have force. [read post]
13 Apr 2012, 2:42 am
We must never abrogate that duty to the justice system we are privileged to serve. [read post]
13 Jun 2012, 1:23 pm
Applying the above in Rush-Link One, the OHA concluded that the supermajority requirements in Link’s shareholders’ agreement abrogated the service-disabled veteran owner’s “control” of the corporation under 13 C.F.R. [read post]
17 Jul 2010, 9:53 am
USCIS is Limiting the H-1B vlsa category in abrogation of the Law There is a major problem plaguing the H-1B visa category: USCIS is issuing H-1B visas in one year increments for third-party placement scenarios. [read post]
19 Dec 2009, 1:32 pm
The demonstration project also cannot "limit or curtail a patient's existing legal rights, ability to file a claim in or access a State's legal system, or otherwise abrogate a patient's ability to file a medical malpractice claim. [read post]
22 Nov 2006, 9:51 am
The plain meaning of § 230 is far from clear, but courts are reading it as a broad federal abrogation of a significant dimension of state defamation law. [read post]
18 Feb 2010, 6:01 am
But these judgments do not abrogate Article 124(2) and the President's privilege to consult the CJI and other Judges independently of the Collegium's recommendation, to consider appointments of eligible persons, whom the Collegium may have overlooked. [read post]
20 Mar 2012, 9:12 am
Most of the candidates have expressed an opinion (more or less constant) on the future of the law (whether to amend it, replace it, abrogate it or keep it as it is). [read post]
29 Apr 2011, 7:59 am
It declined to allow a party with a §113(f) claim to also proceed under §107(a), because doing so would in effect, “nullify the SARA amendment and abrogate the requirements Congress placed on contribution claims under §113” quoting from Niagra Mohawk Power Corp. v. [read post]
6 Nov 2019, 11:00 pm
The specific issue before the justices is “[w]hether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act in providing remedies for authors of original expression whose federal copyrights are infringed by states. [read post]
24 Jun 2014, 2:12 pm
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]
3 Nov 2010, 7:00 am
Especially relevant in the 9th Circuit and the districts courts thereof: The Hertz court held that “a corporation’s principal place of business, for diversity jurisdiction purposes, is its nerve center, abrogating Tosco Corp. v. [read post]
9 Aug 2012, 11:03 pm
According to Justice Burke, even if the common law had once treated complaints filed under a fictitious name as null and void, 735 ILCS 5/2-401(e) had abrogated that standard by permitting such filings with leave of court. [read post]
9 Apr 2021, 8:20 am
On the other side of the government-as-copyright-party coin, the Supreme Court held that states that violate copyrights have Eleventh Amendment protection from suit and that the Copyright Remedy Clarification Act of 1990 did not validly abrogate this protection. [read post]
