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11 Jan 2013, 9:23 am
He argues that the plain language of Section 1089(e) – which states that the FTCA’s intentional tort exception “shall not apply” to tort actions arising from the conduct of medical personnel – abrogates the exception for cases within the scope of the Gonzalez Act. [read post]
9 Jan 2013, 6:04 am
Dion, which is a Supreme Court case holding that Congress had abrogated a tribe's eagle hunting rights through the Bald Eagle Act, as well as some of the RFRA cases brought against the Act by Native Americans themselves. [read post]
6 Jan 2013, 9:57 pm
The principle of sovereign immunity from which a municipality's immunity for "governmental" functions derives cannot serve as the basis for the qualified privilege respondent city claims under § 1983, since sovereign immunity insulates a municipality from unconsented suits altogether, the presence or absence of good faith being irrelevant, and since the municipality's "governmental" immunity is abrogated by the sovereign's enactment of a statute such as § 1983 making it amenable… [read post]
6 Jan 2013, 2:45 pm
Section 44(1) states that any agreement which “implies that …any right or remedy provided by this Part do not apply…or …any right or remedy provided by this Part in any way limited, modified or abrogated” is void. [read post]
3 Jan 2013, 5:00 am
., 522 F.3d 215, 223 (2d Cir. 2008) (partially abrogated on other grounds by Bridge v. [read post]
31 Dec 2012, 7:47 pm
At its January 4, 2013 Conference, the Court will consider petitions seeking review of issues such as the authority of the U.S. [read post]
31 Dec 2012, 5:33 am
Entick won his case across the pond, Bay Stater James Otis argued that the Writs of Assistance abrogated British convention - that by issuing such instruments of arbitrary power, the government denounced its own principles of law. [read post]
15 Dec 2012, 4:49 pm
Although the statute makes specific reference to the natural and adoptive parents' parental rights and duties, nothing in the statute purports to abrogate the interests of the child in continued family contacts. [read post]
27 Nov 2012, 6:05 am
Commissions recommendations go into effect automatically unless modified or abrogated by legislature. [read post]
26 Nov 2012, 8:42 pm
Several cases hold that causes of action pre-empted by a uniform trade secrets act are abrogated. [read post]
22 Nov 2012, 4:34 am
But if our activist, pro-insurance company Supreme Court continues to abrogate one legal protection after another under our current No-Fault law, then our No-Fault system only becomes a profit-making machine for the insurance companies. [read post]
20 Nov 2012, 11:35 am
Although the country’s customary court system at the lower level and at its appeals level sided with the nephew, the High Court of Botswana, in what is being lauded as a landmark case, ultimately abrogated the customary practice under the “fundamental rights and freedoms of an individual” clause of Botswana’s Constitution stating that fundamental rights apply regardless of gender. [read post]
20 Nov 2012, 11:35 am
Although the country’s customary court system at the lower level and at its appeals level sided with the nephew, the High Court of Botswana, in what is being lauded as a landmark case, ultimately abrogated the customary practice under the “fundamental rights and freedoms of an individual” clause of Botswana’s Constitution stating that fundamental rights apply regardless of gender. [read post]
7 Nov 2012, 4:30 am
The defendant argued that Marquez had been abrogated by the Supreme Court's decision in Jones. [read post]
5 Nov 2012, 7:30 am
When owners don’t attend AGMs, file proxies or stand for election, one can see how a board could get the impression that the owners have abrogated their democratic rights, do not care about their condominium and are content to be ruled in a dictatorial manner. [read post]
2 Nov 2012, 3:22 pm
" On the other hand, vicarious liability is not abrogated where injury or damage results from the negligence of the owner's employee in the operation or maintenance of the vehicle, nor it seems where the owner was negligent in entrusting the vehicle to the operator. [read post]
30 Oct 2012, 11:57 am
HolderDocket: 12-81Issue(s): (1) Whether the 2006 version of Section 5 of the Voting Rights Act of 1965 exceeds Congress’ enforcement powers under the Fourteenth and Fifteenth Amendments given that: (a) Congress retained a three-decade-old formula for selecting the jurisdictions that will be covered by the preclearance procedure; and (b) Congress significantly expanded the substantive standard for denying preclearance by abrogating two of the Court’s decisions that had narrowly… [read post]
30 Oct 2012, 11:53 am
Superior Court, abrogated on other grounds by Cel-Tech Communications, Inc. v. [read post]
30 Oct 2012, 7:44 am
John Elwood reviews Monday’s relisted and held cases. [read post]
23 Oct 2012, 2:25 am
" The Court held, therefore, that section 365(g) merely codified, with respect to rejection in bankruptcy, the basic premise of contract law that the rights of the non-breaching party to a contract remain intact upon a breach by the other party, and that rejection merely relieves a debtor of its continuing obligation to perform; however, rejection does not abrogate or rescind the contract itself. [read post]
