Search for: "ABROGATE"
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11 Nov 2013, 1:10 pm
Ct. 1955, 1974 (2007) (abrogating “no set of facts” language found in Conley v. [read post]
4 Nov 2013, 4:00 am
We further conclude that section 36-6-101(a)(2)(C) abrogates any prior Tennessee decision . . . which may be read as requiring a party requesting modification of a residential parenting schedule to prove that the alleged material change in circumstances could not reasonably have been anticipated when the initial residential parenting schedule was established. [read post]
29 Oct 2013, 7:20 am
Earlier this month, a panel of the Seventh Circuit of the United States Court of Appeal decided a relatively straight forward case by reversing the trial court’s exclusion of a forensic accountant’s damages calculation. [read post]
28 Oct 2013, 8:38 am
Concepcion abrogated Discover Bank, holding that the FAA preempted any state law rule or holding which was aimed at destroying arbitration or which demanded procedures incompatible with arbitration. [read post]
28 Oct 2013, 5:54 am
Samsung's motion raised three arguments: (1) the order would "improperly abrogate privilege and work-product protection," (2) the order may "require Samsung to violate other protective orders," and (3) the order's "scope of compelled information is grossly overbroad." [read post]
27 Oct 2013, 7:46 am
But the court held that the Rooker-Feldman does not abrogate the bankruptcy court's authority to enforce the automatic stay citing In re Gruntz, 202 F.3d 1074 (9th Cir. 2000). [read post]
26 Oct 2013, 7:09 pm
(Pix (c) Larry Catá Backer 2013) I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law." [read post]
24 Oct 2013, 8:17 am
Seven international media organisations wrote to the Queen yesterday to say that she should block the Royal Charter on the press that has been endorsed by all parties in Parliament and is due to be ‘granted‘ at a Privy Council session next Wednesday. [read post]
23 Oct 2013, 10:29 am
But the Federal Circuit’s “insolubly ambiguous” test for indefiniteness of patent claims abrogates this public notice function, permits the proliferation of indeterminate claims, invites abuse by clever patent drafters, and contributes to a general and widespread sense that patents are unclear and uninformative documents. [read post]
17 Oct 2013, 2:09 pm
Resources Code, § 21167.6) does not impliedly abrogate privilege, any privilege (including attorney-client and work product protection) is waived as to documents shared between the lead agency’s and project developer’s counsel at any time prior to project approval. [read post]
15 Oct 2013, 2:04 pm
The court notes that this liberal approach to disclosure neither abrogates recognized privileges nor requires the routine production of documents that are ordinarily considered confidential and private in nature. [read post]
14 Oct 2013, 9:01 pm
California Governor Jerry Brown recently signed into law a measure that allows a child, in an appropriate case, to have more than two legal parents. [read post]
13 Oct 2013, 12:04 pm
Presently, there are no statutory provisions that structure an equivalent procedure to apply to an application for testing in the context of a motion to set aside or abrogate a finding of paternity. [read post]
7 Oct 2013, 9:01 pm
No law passed by Congress should abrogate a person’s right to sue for constitutional violations unless Congress has provided an adequate and accessible remedy as a replacement. [read post]
7 Oct 2013, 2:39 pm
In Florida Prepaid (1999) the Supreme Court held that Congress' attempt to abrogate states' sovereign immunity for patent damages under the Plant Variety Protection Act was invalid and that states (including state universities) cannot be sued for patent damages absent "consent" or valid abrogation by Congress under Section 5 of the 14th Amendment. [read post]
7 Oct 2013, 1:30 pm
Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove westward. [read post]
7 Oct 2013, 6:00 am
The Fifth Circuit disagreed with Estis, holding that “Townsend abrogated Guevara’s holding because of Guevara’s interpretation of Miles, not in spite of it. [read post]
7 Oct 2013, 5:03 am
Not long afterwards, the United States abrogated its treaties with the Dakota, confiscated their reservations along the Minnesota River, and forced most of the Dakota to remove westward. [read post]
6 Oct 2013, 2:11 pm
The trustee cited the legislative history of section 222.25(4), Fla.Stat. which supported the trustee's position The debtor argued that the the $4,000.00 exemption was in addition to the $1,000.00 constitutional personal property exemption based on the well established principle that the legislature has no power to abrogate, alter or amend any provision of the Constitution.The Court agreed with the argument of the Debtor and stated that the only method by which the Florida Constitution can… [read post]
3 Oct 2013, 6:20 pm
Presently, there are no statutory provisions that structure an equivalent procedure to apply to an application for testing in the context of a motion to set aside or abrogate a finding of paternity. [read post]
