Search for: "ABROGATE"
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12 Feb 2010, 10:29 am
I know of no judge in this Commonwealth who has ever abrogated responsibility to decide a case by ordering arbitration. [read post]
14 Jun 2011, 2:42 pm
Finally, keep in mind that some jobs are subject to federal regulations prohibiting drug use and imposing testing requirements that cannot be overridden or abrogated by state law. [read post]
9 May 2017, 5:36 am
But abrogation of a common-law light is disfavored and requires clear repugnance between the common law cause of action and the statutory remedy. [read post]
29 Apr 2021, 6:07 am
The voluntary nonsuit also abrogated the Notice [plaintiff] sent to [defendants]. [read post]
31 May 2017, 7:32 am
Covington 16-1023 Issues: (1) Whether the district court had jurisdiction to expand upon its previously ordered remedy after the state filed its notice of appeal; and (2) whether the district court exceeded the bounds of its equitable discretion by partially invalidating election results, abrogating several provisions of the state constitution and ordering a special election – all without any discussion of the competing equities. [read post]
26 Jul 2017, 10:55 am
A quite simple statutory change is all that is needed to abrogate a wrong D.C. [read post]
21 Jan 2014, 6:00 am
While personal liability of a volunteer committee member may be rare, absent fraud or intentional misconduct, a committee member that accepts such responsibilities must not abrogate them or act negligently in attempting to discharge their duties. [read post]
18 Apr 2016, 6:47 am
Florida, the Supreme Court rejected Congress’s authority under the powers granted by Article I of the Constitution to abrogate a state’s sovereign immunity and subject nonconsenting states to suit in federal court. [read post]
30 Nov 2011, 3:00 am
Third, the Circuit recognized that its holding could not be squared with another holding of the Second Circuit in In re Terrorist Attacks on September 11, 2011, 538 F.3d 71 (2d Cir. 2008), abrogated in part on other grounds in Samantar v. [read post]
15 Feb 2023, 6:13 am
" Indeed, the FRB's report presented 12 anonymous, context-free criticisms— totally abrogating the P&P requirement that the FRB report share its evidence both with its target and with its readers, and preventing Plaintiff from meaningfully rebutting incorrect claims. [read post]
1 Oct 2009, 6:34 am
., concurring) (noting that Court's "case-by-case approach as to the impact rule has done nothing to stabilize the law or to clarify when an exception will be recognized," and calling for abrogation of impact rule), with, e.g., Gracey, 837 So.2d at 359-62 (Harding, J., dissenting) (criticizing ad hoc approach and advocating adherence to impact rule). [read post]
1 Dec 2015, 9:50 am
Meal Periods for Healthcare Workers Who Work More than 12 Hours (SB 237; Labor Code § 516): This bill maintained the status quo by abrogating the holding of Gerard v. [read post]
28 Feb 2011, 9:01 pm
Katz, the Court acknowledged that Congress’s power under the bankruptcy clause permitted an abrogation of State sovereignty, and that the bankruptcy trustee had properly set aside preferential transfers from the Debtor-municipality in a Chapter 9. [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]
2 Apr 2018, 1:37 pm
Newman, 773 F.3d 438 (2d Cir. 2014) (abrogated on other grounds by Salman v. [read post]
31 Mar 2011, 9:01 pm
In so doing, the court noted that the Unfair Trade Practices Act claim was merely an attempt to assert an improper negligent casting cause of action, a claim which the South Carolina Supreme Court had only last year abrogated in the Watchmen litigation. [read post]
27 Dec 2009, 1:01 am
Super. 2008) I do not understand the Court to suggest that rights of property are to be defined solely by state law, or that there is no federal constitutional barrier to the abrogation of common law rights by Congress or a state government. [read post]
15 Aug 2012, 11:41 am
However, zoning ordinances do not abrogate limitations of use imposed by restrictive covenants. [read post]
2 Nov 2010, 11:11 pm
The two Petitions for Writ of Certiorari, which were filed in February 2010 and are docketed as Docket Nos. 09-993 and 09-1039, present almost identical questions for the Supreme Court’s consideration: “Whether the Eighth Circuit abrogated the Hatch-Waxman Amendments by allowing state tort liability for failure to warn in direct contravention of the Act’s requirement that a generic drug’s labeling be the same as the FDA-approved labeling for the listed (or… [read post]
10 Jul 2017, 2:46 am
Equally, his stimulation of a “more proactive” approach to judicial review, or a standard of intensity beyond “anxious scrutiny”, is a testament to the revolutionary nature of the 1998 Act because it effectively ends the era of judicially “forbidden areas” in human rights cases by modifying – albeit not abrogating – traditional notions of the constitutional distribution of powers. [read post]
