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16 Oct 2017, 8:54 am
As I mentioned recently, the Supreme Court had requested the Solicitor General's view on whether the abrogation of state sovereign immunity under USERRA was valid. [read post]
19 Feb 2020, 8:23 pm
The question before the Court is whether or not Congress has the power - as the federal legislature - to abrogate state sovereign immunity. [read post]
9 Nov 2007, 9:11 am
Nov. 8, 2007), the Ninth Circuit took on a fairly obscure issue of whether Congress validly abrogated the sovereign immunity of Alaska under the 11th Amendment in passing the Government Employee Rights Act... [read post]
13 Oct 2017, 4:30 am
The post Efficient infringer lobby achieves bipartisan effort to abrogate Native American tribal sovereignty appeared first on IPWatchdog.com | Patents & Patent Law. [read post]
11 Jun 2009, 10:22 pm
We have been sharing news from Fiji, where the constitution was abrogated on April 10th and where lawyers and judges have been targeted for wanting to uphold the rule of law. [read post]
22 Aug 2014, 6:21 am
.): 453 SSM Renewed Motion to Dismiss 463 Opposition 469 SSM Reply 474 Bankruptcy Court Order An excerpt: In sum, although Indian tribes have a “thumb on the interpretive scale” tending to tip the balance in their favor in the event of an ambiguity or lack of clarity, that does not come into play because, in this Court’s view, Congress sufficiently, clearly, and unequivocally intended to abrogate their sovereign immunity in the subject statute. [read post]
5 Oct 2017, 1:54 pm
Senator McCaskill (D-MO) has introduced a bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review (IPR) proceedings at the United States Patent and Trademark Office. [read post]
24 May 2023, 2:28 pm
The post “Another Failure to Apply the Amended Rule 3(c); Another court of appeals has relied on abrogated caselaw rather than the recently amended Rule 3(c) to limit the scope of an appeal” appeared first on How Appealing. [read post]
9 Nov 2015, 11:28 am
§ 1002(32) demonstrates that Congress specifically intended for Indian tribes to maintain sovereign immunity for some employee benefit plans and to abrogate it for others. [read post]
23 Jan 2014, 11:49 am
Abrogation of Rule 84 and the Official Forms violates the Rules Enabling Act of 1934. [read post]
26 May 2011, 8:28 pm
Today, however, the Fifth Circuit issued this revised three-judge panel ruling that avoids any holding on the issue of whether the ADA validly abrogated state sovereign immunity under the circumstances presented. [read post]
11 Sep 2017, 10:21 am
The most interesting aspect of the decision is actually a bit of dicta regarding the now abrogated Form 18. [read post]
9 Sep 2014, 7:39 am
Today, I'm taking the amendments a bit out of numerical order to talk about the proposal to abrogate Rule 84 and to abrogate all thirty-six of the official forms following the FRCP. [read post]
18 Jun 2019, 6:15 am
Constitution to abrogate state sovereign immunity against federal copyright claims by passing the Copyright Remedy Clarification Act (CRCA) or if, as the Fourth Circuit held,... [read post]
8 Mar 2023, 11:22 am
The court dismissed the complaint… Continue reading The post Three-judge panel in Arkansas finds Congress did not abrogate state sovereign immunity under the Voting Rights Act appeared first on Election Law Blog. [read post]
30 Jul 2012, 1:00 am
Navajo Nation, 357 F.3d 1055 (9th Cir. 2004), had held that Section 106(a) of the Bankruptcy Code did abrogate tribal sovereign immunity on the basis that Indian tribes are in fact a member of a group of domestic governments whose immunity Congress intended to abrogate. [read post]
14 Oct 2010, 9:00 pm
Fifth Circuit holds that the Americans with Disabilities Act does not validly abrogate state sovereign immunity with regard to the claims of disabled inmates who were denied access to prison educational and work programs: You can access today's ruling of the U.S. [read post]
11 Jul 2018, 8:27 am
Consob, the Italian financial sector regulator, has launched a consultation on the abrogation of the obligation to publish a prospectus for unit-linked and index-linked insurance products. [read post]
9 Sep 2019, 3:09 am
For reasons that follow, we abrogate the rule and hold that the jury, after proper instruction about the possible unreliability of accomplice testimony, is entitled to weigh the sufficiency of such evidence without the need for independent corroboration. [read post]
4 Mar 2015, 7:17 am
Because the employee did not qualify for an exception to the FTEPA’s non-retroactivity, its abrogation of the age 60 rule did not apply and American was immunized from civil liability. [read post]
