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Maryland Court of Appels Upholds Contributory Neligence in Coleman v. Soccer Association of Columbia
9 Jul 2013, 10:12 am
” The dissenting judges also made a particularly facinating observation: "As the author of one tort law treatise noted in response to [a previous Maryland decision upholding contriburory negligence]" The history [of legislative attempts to abrogate contributory negligence] appears more nearly indicative, itis suggested with respect, of the superior ability of insurers' lobbyists to influence a committee or its chairman in a non-public decision-making than an entire legislative body… [read post]
28 Jun 2013, 12:14 pm
Second, the Sixth Circuit concluded that the tribe’s sovereign immunity from the suit had not been abrogated by statute or waived. [read post]
25 Jun 2013, 4:51 pm
Accordingly, Carpenter should be overruled or abrogated, and replaced with a rule that says that if a lawyer stays with a case on remand to where the record is open again and assists him or her in submitting new evidence that leads to benefits, then that is different work and the contingency fee will not be offset by any EAJA award. [read post]
25 Jun 2013, 2:47 pm
In doing so, Congress needlessly put a thumb in the Court’s eye by abrogating Georgia v. [read post]
23 Jun 2013, 7:00 pm
However, it does not support it with such zeal that time proven constitutional safeguards can be abrogated. [read post]
21 Jun 2013, 6:58 pm
Yousuf 12-1078Issue: Whether a foreign official’s common-law immunity for acts performed on behalf of a foreign state is abrogated by plaintiffs’ allegations that those official acts violate jus cogens norms of international law. [read post]
District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class Claims
15 Jun 2013, 1:20 pm
The court rejected Defendants’ argument that Pitts was abrogated by the Supreme Court’s opinion in Genesis. [read post]
District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class Claims
15 Jun 2013, 11:20 am
The court rejected Defendants’ argument that Pitts was abrogated by the Supreme Court’s opinion in Genesis. [read post]
District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class Claims
15 Jun 2013, 11:20 am
The court rejected Defendants’ argument that Pitts was abrogated by the Supreme Court’s opinion in Genesis. [read post]
13 Jun 2013, 7:05 pm
At its June 13, 2013 Conference, the Court will consider petitions seeking review of issues such as the constitutionality of the president’s recess appointments to the National Labor Relations Board, the constitutionality of a state law requiring pre-abortion ultrasounds, whether habeas proceedings can be used to challenge sex offender registration, common law immunity for foreign officials acting on behalf of foreign states, and whether equitable tolling is available under the Hague… [read post]
7 Jun 2013, 11:06 am
The Court concluded that none of these changes spoke specifically enough to this unusual situation to “abrogate” the Court’s earlier Day & Zimmerman opinion. [read post]
5 Jun 2013, 4:36 pm
Seizing on the opportunity to extend Concepcion, the Brown defendant moved to compel arbitration, arguing that the FAA also abrogated California’s invalidation of representative action waivers in wage-and-hour actions. [read post]
30 May 2013, 9:05 pm
That is, he must demonstrate that Carpenter unexpectedly abrogated a consistent line of decisions recognizing the defense. [read post]
23 May 2013, 3:49 am
Fail-safe classes must be barred from class certification because allowing fail-safe classes to be certified reinstates the one-way intervention that the 1966 amendment to Rule 23 was designed to abrogate. [read post]
15 May 2013, 5:15 am
The initial question was the extent to which the various product liability claims were subsumed or abrogated by the Ohio Product Liability Act. [read post]
8 May 2013, 8:00 am
Celite Corporation (5/2/13) --- Cal.App.4th ---, the Court of Appeal held that a collective bargaining agreement abrogates an employee's statutory right under Labor Code section 227.3 to immediate payment for vested vacation time "only if the agreement clearly and unmistakably waives that right." [read post]
7 May 2013, 11:16 am
— 162 (1)(a) In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage or to establish or reestablish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure of a mortgage, the court shall treat such request solely as a claim for monetary damages and may not grant relief that adversely affects the quality or character of the title to the property, if: [… [read post]
6 May 2013, 9:23 am
When and how would we ever agree it would be acceptable to abrogate the rights gathered under the Miranda rubric? [read post]
2 May 2013, 10:51 am
The Supreme Court in an opinion for a unanimous Court by Chief Justice Roberts held that father's appeal from the order entered by the district court was not rendered "moot" by fact that mother had returned with daughter to Scotland, abrogating the Eleventh Circuit opinion in Bekier v. [read post]
25 Apr 2013, 8:19 am
Aug. 18, 2004) (Howsam abrogates the Sixth Circuit precedent cited by Respondent); Gregory J. [read post]
