Plus, Congress determined the tax was unenforceable — not unconstitutional.
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But the provision is unenforceable under existing laws, Halstead said.
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Also, most of it would be unenforceable under state law.
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Moreover, the lawyers say the agreements are unenforceable and vague.
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Others say a moratorium would be too restrictive, or unenforceable.
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Since the pledge was unenforceable, Trump gave up absolutely nothing.
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A Liberian judge later ruled that injunction itself to be unenforceable.
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It is also unenforceable, polarising and serves to pander to populists.
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Without that authority, many of the existing rules would be unenforceable.
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You haven't signed a contract of any kind, so it's unenforceable.
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Noncompetes have been unenforceable in California for more than a century.
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Tobacco manufacturers and some political leaders thought it would be unenforceable.
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These laws may be unenforceable because of the Supreme Court's Roe v.
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The DEEPFAKES Accountability Act was introduced in June but looks largely unenforceable.
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That kind of provision isn't just punitive — it's arguably illegal and unenforceable.
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As Perera notes, there's no point to environmental laws if they're unenforceable.
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Once (in 2012) it suggested voluntary, but unenforceable guidelines to reduce distraction.
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But precisely because they are contracts, arbitration clauses can be deemed unenforceable.
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"A rule to report breaches exists, but it is unenforceable," says Prakash.
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Ivey has said she signed the law knowing it would be unenforceable.
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"My lawyers believe the nondisclosure agreement I signed is unenforceable," he said.
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" Sekulow said "the subpoena violates the U.S. Constitution and therefore is unenforceable.
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The state's business and professions code made noncompete agreements generally unenforceable there.
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These sorts of non-disclosure agreements (NDAs) are probably both unenforceable and unconstitutional.
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It is not because it is unreasonable—it is because it is unenforceable.
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Mr. Laxalt issued an opinion in December declaring that the requirement was unenforceable.
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Mr. Seymour said the laws were so ambiguous that they were virtually unenforceable.
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Mr. Avenatti has also said it is unenforceable because it broke the law.
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One Senate staff member said the memo was unenforceable in its current form.
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New Jersey has gone the furthest, making them unenforceable if victims break them.
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Ask Real Estate Verbal agreements are often unenforceable, so get it in writing.
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Proposed budget cuts would make many environmental laws basically unenforceable Proposed budget cuts would make many environmental laws basically unenforceable President Donald Trump is fulfilling his vow to drain the swamp — if climate scientists and environmental regulators qualify as swamp dwellers.
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Others, like requiring corporations to create a "general public benefit", seem vague and unenforceable.
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If the past is any guide, the North will offer the South unenforceable verbiage.
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On Tuesday, RBC filed a new lawsuit seeking an order declaring FINRA's ruling unenforceable.
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The lawsuit demanded that the court declare the summons to be unlawful and unenforceable.
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Eventually, the Fugitive Slave Act became nearly unenforceable in many parts of the North.
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One way would be to convince the court that the arbitration clause is unenforceable.
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They can make contracts unenforceable when businesses lay off or fire workers without cause.
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It is weak on labor and environmental protections, relegating them to unenforceable side agreements.
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Wade still on the books, these ordinances prohibiting abortions within city limits are unenforceable.
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In a 4-3 decision, Canada's Supreme Court ruled that the clause is unenforceable.
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If Congress kills the class action, many laws protecting ordinary people will become unenforceable.
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That's why the White House suggests states [i]ncentivize employers to write enforceable contracts, and encourage the elimination of unenforceable provisions by, for example, promoting the use of the "red pencil doctrine," which renders contracts with unenforceable provisions void in their entirety.
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There&aposs no constituency for these big trade deals that are essentially unenforceable, Mike Pillsbury.
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And casino debt was largely legally unenforceable in the United States until early 1980's.
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"I found that when schools attempted a blanket policy, invariably, it was unenforceable," she said.
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The wrongful termination suit asks the court to declare the physicians' restrictive covenant provisions unenforceable.
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If it stands, the ruling could essentially render congressional subpoenas of the executive branch unenforceable.
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It was the latest breach of a "de-escalation" agreement that has proved largely unenforceable.
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A: The deal your mother struck with her neighbor is unenforceable because it's too vague.
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He says that the contract was unenforceable because there was no sacrifice on my part.
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"Courts confronted with these Nicaraguan judgments have unanimously held them to be unenforceable," it said.
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Arbitration agreements that prohibit the exercise of such rights are generally held to be unenforceable.
|
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Since the agreement was never signed by Trump himself, she argues that it is unenforceable.
|
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In her statement, Ivey acknowledged that the bill is likely unenforceable thanks to Roe v.
|
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The third of the White House proposals underscores how states handle noncompetes that are deemed unenforceable.
|
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Kay Ivey said it might be unenforceable, but it is aimed at overturning Roe v. Wade.
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Opponents of the law have said it is both unconstitutional and as a practical matter, unenforceable.
|
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Wade still in effect, the measure—like it's equivalent in Waskom—would have been are unenforceable.
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California's laws are among the most permissive, while surrogacy contracts are unenforceable in states like Michigan.
|
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The new law, which Ivey noted is unenforceable, is designed to challenge the landmark Roe v.
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In our petition, we assert that the subpoena violates the U.S. Constitution and therefore is unenforceable.
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Opponents say the measures are unenforceable and promote discrimination against an already marginalized group of people.
|
|
An international tribunal has rejected that claim, but its ruling is unenforceable and China ignores it.
|
|
One key point is that these kinds of agreements are inherently unenforceable, given the secret ballot.
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But the provision is unenforceable, because none of the nine nuclear weapons states signed the treaty.
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"An unenforceable trade deal is a windfall for corporations and a disaster for workers," he added.
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Daniels' lawsuit argues that the agreement is unenforceable because it was never signed by Trump himself.
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Labeling the duty as a moral obligation effectively renders the federal government's obligations voluntary and unenforceable.
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On Twitter, he called the language "unacceptable and unenforceable," saying his staff had demanded Equifax remove it.
|
|
Forced arbitration renders discriminatory laws "meaningless and unenforceable in court," the National Association of Consumer Advocates argues.
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It alleges Suncorp Super "executed agreements to entrench fees that would otherwise have become unlawful or unenforceable".
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Despite the inclusion of such warnings, most of the restrictive policies produced by manufacturers are completely unenforceable.
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Other typically unenforceable prenup terms include child-related issues like custody or parental support of the child.
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First, Trump proposed a set of reforms that were a mix of unfeasible, unenforceable, and ill-advised.
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The Trump administration may appeal Kollar-Kotelly&aposs decision, but for now, the proposed ban remains unenforceable.
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"What you're saying is that the agreement is so vague that it's almost unenforceable," Judge Tashima said.
|
|
Ms. Allred's arguments for NDAs are not persuasive in the context of laws making these agreements unenforceable.
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|
Then in 1948, following activism from black Americans, the US Supreme Court unanimously ruled these covenants unenforceable.
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CAS say that Olympic ban is "unenforceable", saying an athlete cannot be sanctioned twice for a doping offense.
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|
His latest book is Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable (Yale University Press 2017).
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|
In the absence of clear federal rulings, state supreme court decisions suggest that state binding laws are unenforceable.
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All of these resolutions, though — including the one that passed today, 191 to 0 — are nonbinding and unenforceable.
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|
Legal experts say they are often unenforceable for government employees who did not handle that type of information.
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He said the trans-Pacific accord strengthened labor standards that were left weak and unenforceable in prior deals.
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It was a Republican administration that, in 2007, insisted that all future climate treaties remain nonbinding and unenforceable.
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The White House also suggests that noncompetes should be unenforceable in cases where a company lays off workers.
|
|
Wade is virtually unenforceable, giving them license to pass severe restrictions and near-total bans on the procedure.
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|
However, Microsoft also said it would support federal legislation making the requirement of arbitration in harassment cases unenforceable.
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|
AB claims the alleged oral agreement is totally unenforceable ... and he doesn't owe the guy a single penny.
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That is in part — if only in part — because they say they believe the existing rule is unenforceable.
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Paris is a lousy treaty, voluntary, unenforceable and even unverifiable, and it won't achieve the goals you mention.
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That includes 45% of firms in California, despite the fact that noncompetes are unenforceable under California state law.
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|
But that effort to generate some momentum doesn't guarantee a durable result, Cullenward said, given that it's unenforceable.
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Holding out for consensus and placing faith in shared goals and unenforceable targets is not a climate plan.
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|
He drafted what has been described to CNN as a watered-down, unenforceable version of a nondisclosure agreement.
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But permanent contracts, which are unenforceable in U.S. courts, would not have allowed us to make these improvements.
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|
State criminal codes are overstuffed with outdated, unconstitutional, unenforceable laws of all kinds, and Michigan is no exception.
|
|
All of these resolutions, though — including the one that passed today, 191 to 20143 — are nonbinding and unenforceable.
|
|
Ivey noted in her statement that the new law may be unenforceable due to the Supreme Court's Roe v.
|
|
But since Congress got rid of the tax penalty, making the mandate unenforceable, enrollment has only dropped a bit.
|
|
British Columbia already has a "ridiculous and unenforceable" requirement that anyone bringing cannabis from outside report to provincial authorities.
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|
While the ban on U.S. tourism technically remains in place, it becomes an honor system that is essentially unenforceable.
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|
The proposed law, he says, is unenforceable because of one thing it doesn't let medical weed patients do: smoke.
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|
The text of HB 193 cites a 1975 state statute criminalizing abortion, which—though rendered unenforceable by Roe v.
|
|
The jury found that while Rancho Cucamonga, California-based Amphastar had infringed Momenta's patent, it was invalid and unenforceable.
|
|
A judge threw out the verdict later that year, ruling the patents were unenforceable based on the company's conduct.
|
|
The decision reversed a previous ruling in the case, where a district court judge had deemed private arbitration unenforceable.
|
|
" Two Russian swimmers filed appeals of their exclusion from the Rio Olympics, claiming the decision was "invalid" and "unenforceable.
|
|
But U.S. District Judge Michael Barrett's ruling on Friday makes the ban unenforceable while that litigation unwinds in court.
|
|
An international tribunal has rejected the scope of that claim, but its ruling is unenforceable and China ignores it.
|
|
You might even be able to adopt another pet, because "the clause is now unenforceable forever," Mr. Vernon said.
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|
What if I wrote something, he suggested, that showed that nondisclosure agreements are unenforceable when they cover up a crime?
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|
This week, the Justice Department sued North Carolina, seeking a court order declaring the state's bathroom law discriminatory and unenforceable.
|
|
"Industry's best practices are voluntary, unenforceable, and the regulators are looking the other way," Ernst told the CBC last year.
|
|
But the main reason Ms Faust's predecessors left the clubs in peace is that the new edict may be unenforceable.
|
|
"Even if it were unenforceable, a code would at least formalize public expectations for the justices' conduct," Mr. Lubet wrote.
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|
There are just a few problems; few know it exists, it's not federally supported and it's most likely entirely unenforceable.
|
|
Trump's desire to ban people from certain religious or ethnic groups has been repeatedly denounced as both unconstitutional and unenforceable.
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|
I think it's sometimes worth doing, but not often, and maybe universities should have unenforceable "civility" guidelines counseling against it.
|
|
If that were all there was, the case would have little consequence because starting in 2019, the mandate is unenforceable.
|
|
O'Connor's opinion created confusion about whether ObamaCare will be unenforceable once the repeal of the individual mandate takes effect Jan.
|
|
This was in addition to an outright ban on gay marriage—an unenforceable constitutional amendment achieved through a 2012 referendum.
|
|
The problem with state-level legislation of this nature is that it manages to be both wildly impractical and entirely unenforceable.
|
|
Mississippi and Louisiana both recently signed 15-week abortion bans into law, although a judge blocked Mississippi's ban, making Louisiana's unenforceable.
|
|
The much-maligned idea of voluntary commitments from ISPs would result in unenforceable, empty promises that could be changed at anytime.
|
|
So a meaningless and unenforceable promise to just tread water where we are now is a sad joke, and nothing more.
|
|
Kay Ivey signed the measure May 15, acknowledging at the time that it was illegal under federal law and likely unenforceable.
|
|
Kay Ivey signed the law in May, acknowledging at the time that it was illegal under federal law and likely unenforceable.
|
|
Justice Ruth Bader Ginsburg and the other dissenters would have held that the waiver agreements were "armed-twisted" and therefore unenforceable.
|
|
And his bid at insuring the Keystone pipeline would be built with American steel petered out as it was basically unenforceable.
|
|
"This change makes a lot of the big, science-based laws unenforceable," said Dr. Goldman of the Union of Concerned Scientists.
|
|
Not much hangs on the resolution of this question because starting in 2019 the mandate has been rendered unenforceable by Congress.
|
|
Lawmakers did their best to make the 2009 law "almost unenforceable," with broad exemptions to protect free speech, Mr. Daly said.
|
|
Even if, "you raise defenses and prevail, the debt doesn't go away, it just means the debt is unenforceable," he added.
|
|
MUNCHIES reached out to find out why candy corn (which, IMO, blows) isn't on the same unenforceable list of banned candies.
|
|
Avenatti's key legal claim about this agreement is that it is void and unenforceable because Trump did not actually sign it.
|
|
For one, on its face, laws that prohibit a transgendered male-to-female from using a public women's restroom are totally unenforceable.
|
|
For example, contracts inconsistent with library copyright exceptions are unenforceable in some other countries; Congress could mandate likewise in the United States.
|
|
When a worker signs a contract with an arbitration agreement, there is no inherent "fraud or duress" that would render it unenforceable.
|
|
One proposal is that sovereign-loan contracts that are not publicly disclosed within 30 days of signature should be unenforceable in court.
|
|
Mathews is challenging his and Farley's prenuptial agreement and has requested that a judge find it "invalid and unenforceable," the website reports.
|
|
Nondisclosure agreements, often referred to simply as NDAs, are very effective at covering up wrongdoing, even if they are illegal or unenforceable.
|
|
"A meaningless and unenforceable promise to just tread water where we are now is a sad joke, and nothing more," Wood added.
|
|
Last week, Pai launched a campaign to dismantle the net neutrality policy—and potentially replace it with unenforceable, voluntary commitments by ISPs.
|
|
They say the proposals for expanded background checks are unenforceable and represent a slippery slope toward something more sinister, like gun registration.
|
|
These policies should also take precedence over the unenforceable sanctions-based measures against Russia contained in the DETER Act currently in Congress.
|
|
Experts, however, including FIFPro, the global players' union, said the terms were most likely unenforceable because of how one-sided they appear.
|
|
Ms. Clifford sued earlier this year to have the agreement deemed unenforceable, arguing the contract, which Mr. Trump never signed, was illegal.
|
|
Clifford asks in the lawsuit for the Los Angeles County Superior Court to declare the agreement and side agreement invalid and unenforceable.
|
|
When she signed the bill into law, Ivey noted the new measure may be unenforceable due to the Supreme Court's landmark Roe v.
|
|
On Wednesday afternoon, Ivey signed the bill and noted it may be unenforceable due to the Supreme Court's ruling in Roe v. Wade.
|
|
"The debt is unenforceable in law, so the ways they make people pay can be extreme," said Tony Quigley, head of the team.
|
|
However, many experts believe that clause to be unenforceable, which would allow for state-level neutrality measures like the one adopted by California.
|
|
The Trump administration may appeal Kollar-Kotelly&aposs decision, but for now, the proposed ban remains unenforceable under Kollar-Kotelly&aposs preliminary injunction.
|
|
It is rare for judges to decide that a merger contract is unenforceable, said Brian Quinn, a professor at Boston College Law School.
|
|
"The proposed legislation sounds good in theory but is completely unenforceable in practice and threatens consumer choice," the statement from the Minister read.
|
|
The American Civil Liberties Union blasted the reported agreements, calling it unenforceable and unconstitutional to require public employees to sign a nondisclosure agreement.
|
|
The clause stops Deliveroo couriers from contesting their status as self-employed workers, but has previously been described as "unenforceable" by legal experts.
|
|
"It's likely unenforceable, but before it got to that point, the person would be sued and have to hire a lawyer," he said.
|
|
Griffith wrote for the majority that the courts cannot resolve conflicts between government branches, effectively rendering congressional subpoenas of the administration legally unenforceable.
|
|
However, many opponents to the ban say it is unenforceable, costly and potentially counterproductive if it causes hunters to dig in their heels.
|
|
Abortion is still legal in Texas In reality, the ordinances are criminally unenforceable because of the Supreme Court's 1973 ruling in Roe v.
|
|
G-85033 working groups became experts at issuing blizzards of unenforceable, virtually meaningless declarations, long on important-sounding verbiage and short on substance.
|
|
Mr. Bollinger said American advised him to check his employment agreement, and a lawyer he hired said that the noncompete was probably unenforceable.
|
|
Some legal experts say seller-financed contracts like those used by Vision may violate that requirement and could be unenforceable in housing court.
|
|
Chuck Smith, chief executive of LGBT rights group Equality Texas, said the legislation appeared to be unenforceable and targeted a marginalized group of people.
|
|
Chevron had argued the Ecuadorian judgment is unenforceable in Canada because of what it says is the corrupt manner in which it was obtained.
|
|
Although the unwritten code is unenforceable in a court of law, it is sacrosanct to the "beef noodle gang" who own restaurants in Shanghai.
|
|
Pro-Assad forces' complete disregard for the latest ceasefire renders the UN's tack of passive, unenforceable diplomacy useless, if not complicit in the violence.
|
|
On Twitter, Schneiderman said the fine print language was "unacceptable and unenforceable," and that his staff had already reached out to Equifax about it.
|
|
While a wealth tax in the United States is likely unconstitutional to begin with, it is certainly unenforceable in the way that Warren desires.
|
|
Meadows have sponsored bills to repeal FATCA, and Mnuchin and Mulvany would have legal authority to nullify the agreements without which FATCA is unenforceable.
|
|
Legal experts are split over whether or not the FCC can challenge a state net neutrality law, but Wiener believes the clause is unenforceable.
|
|
That legislation, which is unenforceable under federal law, is meant to encourage the Supreme Court to revisit and overrule the landmark abortion ruling Roe v.
|
|
But FCC Chairman Ajit Pai has already recommended approving the T-Mobile–Sprint merger based on promises that critics have decried as vague and unenforceable.
|
|
The President's inflammatory rhetoric, unenforceable threats, and strategic inconsistency have made a bad situation even worse, weakened America and our allies, and emboldened North Korea.
|
|
The not-so-good news is that "reasonable security" remains defined such that companies trying to avoid compliance can argue that the law is unenforceable.
|
|
But as prices began to sag the buyer baulked, complaining that a typo on the contract — "OME HUNDRED" instead of "ONE HUNDRED" — made it unenforceable.
|
|
These contracts are routinely struck down by a court typically based on state law, which means the clauses related to online reviews are typically unenforceable.
|
|
And it is a Republican president who, in 2017, abandoned the Paris Agreement, the nonbinding and unenforceable climate treaty that emerged from that old demand.
|
|
On the other hand, North Carolina's law technically overturned Charlotte's ordinance and made it unenforceable anyway, while adding explicitly anti-LGBTQ language to state law.
|
|
I was told that it was most likely unenforceable, but also that completely ignoring the option would make getting future work in the field difficult.
|
|
In Texas, multiple cities have recently declared themselves "sanctuary cities for the unborn" and adopted unenforceable ordinances that claim to outlaw abortion within city limits.
|
|
West accused EMI of trying to bind him to a potential lifetime of "servitude" under a lopsided contract that he said became unenforceable on Oct.
|
|
"An unenforceable trade deal is a windfall for corporations and a disaster for workers," Trumka said Sunday of the proposed United States–Mexico–Canada Agreement.
|
|
Wade ever were overturned, the effects would be immediate in the 19 states that have more restrictive, but currently unenforceable, abortion laws on the books.
|
|
And that's true even though one of the few states where noncompete agreements are totally unenforceable, California, is also one of the nation's most innovative.
|
|
Critics of the labor and environmental protections in the T.P.P. and other trade agreements consider them a political sop that amount to unenforceable window dressing.
|
|
The court said injury to Google could not be proved, since Hood's subpoena is currently unenforceable and his threats of charges do not seem imminent.
|
|
Negotiators recently reached a landmark agreement at the Paris climate conference, but the national policy pledges that underlie this deal are voluntary and largely unenforceable.
|
|
In contrast, Kavanaugh took a stricter stance, finding that unclear rules are generally unenforceable, an interpretation which could drastically limit the power of government regulators.
|
|
The courts attached new provisions to Measure B, making the law effectively unenforceable, but Proposition 60 comes with serious punishments for porn stars and production companies.
|
|
"No matter one's personal view on abortion, we can all recognize that, at least for the short term, this bill may similarly be unenforceable," Ivey wrote.
|
|
Pashman told employees they should not worry about signing because the process laid out in the agreement was legally unenforceable, people present at the meeting recalled.
|
|
But the Court of Arbitration for Sport said the Olympic ban was "unenforceable" because an athlete could not be punished twice for the same doping offense.
|
|
"An unenforceable trade deal is a windfall for corporations and a disaster for workers," AFL-CIO President Richard Trumka said last month of the proposed USMCA.
|
|
A law as sweeping as Germany's NetzDG would be untenable in the US, and is very likely so broad as to be unenforceable anywhere, including Germany.
|
|
And like those two pacts, the G20 communiqué and the 19-party Climate and Energy Action Plan for Growth are both legally nonbinding and essentially unenforceable.
|
|
The Abu Dhabi-listed energy company announced last week that its outstanding sukuk were not sharia-compliant and were therefore unlawful and unenforceable in the UAE.
|
|
Allegheny County Court of Common Pleas Judge Joseph M. James ruled the ordinances were "void and unenforceable," citing the Pennsylvania Uniform Firearms Act in his opinion.
|
|
Further, the IOC rule banning athletes with prior doping sanctions was rejected on Thursday by the Court of Arbitration for Sport as "unenforceable," said CBS News.
|
|
The issue is over a legal technicality known as severability: what happens to a law if part of it is found to be unconstitutional or unenforceable.
|
|
But the Court of Arbitration for Sport said the Olympic ban was "unenforceable" because an athlete could not be punished twice for the same doping offence.
|
|
For one, Uber was granted its appeal of the ruling that deemed its arbitration agreement in drivers' contracts unenforceable, delivering a blow to Liss-Riordan's case.
|
|
Under the Alabama law, which Ivey said is unenforceable, physicians performing abortions could face felony charges and be punished by up to 99 years in prison.
|
|
What that means: The subpoena from the House Oversight and Reform Committee will be unenforceable while the Supreme Court decides whether to take up the case.
|
|
The biggest problem is that as it currently stands, the rule is nearly unenforceable because it so difficult to detect what constitutes an improper (speculative) trade.
|
|
Juul last month filed paperwork in San Francisco for another ballot measure that experts say would make the flavor ban and Tuesday's e-cigarette ban unenforceable.
|
|
Look out for these red flagsEmployment agreements that are overly broad or place burdensome restrictions on employees may be considered unenforceable in a court of law.
|
|
The repeal law did away with the birth certificate requirement, which was unenforceable all along because it would have turned law enforcement officials into genital inspectors.
|
|
Why it matters: It's one thing to sign an unenforceable pledge to think more about employees and society, like most members of the Business Roundtable did.
|
|
Nevertheless, overly broad contracts may still have strong deterrent effects on worker mobility and entrepreneurship if individuals do not know that the terms are unenforceable as written.
|
|
Ivey noted when she signed the bill that the measure could be unenforceable due to its clash with the landmark Supreme Court decision in Roe v. Wade.
|
|
Also Thursday, the IOC's rule barring Russian athletes with prior doping sanctions from competing in the games was rejected as "unenforceable" by an Olympic sports arbitration panel.
|
|
What she's saying: Ivey noted that even though the bill is now law, it may still be "unenforceable" as a result of the Supreme Court's Roe v.
|
|
And supporters argue that the Equal Rights Amendment deadline is unenforceable because it is stated only in the preamble to the amendment, not in the amendment itself.
|
|
Kay Ivey (R) last week signed the law that bans abortions in almost all cases, including rape or incest, but acknowledged that the law may be unenforceable.
|
|
Century-old court rulings deemed fees contingent on lobbyists obtaining public funds or killing legislation unenforceable and counter to public policy, saying they encouraged corruption, he said.
|
|
Although the White House issued nondisclosure agreements to senior staff members last year, they known by those in the West Wing to be unenforceable, per the NYT.
|
|
A federal court in California found the order unenforceable in the United States, and Google went back to the Canadian courts in hopes of a different outcome.
|
|
In his short time on the Supreme Court, Kavanaugh already tried to impose new procedural barriers on abortion plaintiffs that could have rendered the right virtually unenforceable.
|
|
Supporters argue that the deadline for the E.R.A. is unenforceable because it is stated only in the preamble to the amendment, and not in the amendment itself.
|
|
Similarly, Congress could render noncompete clauses unenforceable in federal courts unless employment contracts provide due process protections, such as arbitration, against capricious or unjust discharges of employees.
|
|
Either way, it would be wrong to try to blackmail him into not exercising the right to vote — and ineffectual, because such an agreement would be unenforceable.
|
|
"The court's action should demonstrate once again to the world that this president has committed the US to actions that are unenforceable and legally questionable," he said.
|
|
NAFTA dealt with labor provisions in an unenforceable side-letter, allowing unions in Mexico to remain weak and wages low, drawing factories from the United States and Canada.
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NAFTA, launched in 1994, put labor provisions in an unenforceable addendum to the agreement, allowing Mexican wages to stagnate despite a flood of factory investment from U.S. companies.
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In response, the PROSPER Act offers the "sense of Congress" that free speech zones are "inherently at odds" with the First Amendment — a principled though legally unenforceable statement.
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The subpoena from the House Oversight and Reform Committee will be unenforceable while the Supreme Court decides whether to take up the case or prolong Roberts's administrative stay.
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The law is unenforceable while Roe stands but could be enforced again if the decision is overturned, which is why abortion rights supporters are keen to remove it.
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For reasons that are fully explained below, this claim — that the unenforceable mandate is still a mandate — forms the backbone of the Trump administration's legal argument against Obamacare.
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Ray held that "even if such promises of candidates for the electoral college are legally unenforceable ... it would not follow that the requirement of a pledge" is unconstitutional.
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Further, he maintained that any alleged contract was made orally and that it was unenforceable under several legal defenses, including that Mr. Hastert, 75, made it under duress.
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"We know that non-compete clauses can limit employee mobility and competition even in states where non-compete clauses are legally unenforceable," she said at the FTC workshop.
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Avenatti writes the agreement should be ruled "invalid, unenforceable and/or void under the doctrine of unconscionability," referring to the $1 million punishment per violation of the NDA.
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His exit comes a month after Ryanair's chief operating officer Peter Bellew joined rival easyJet after a court case that found his 12-month non-compete clause was unenforceable.
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Because by getting the world's largest economy, (that's us), out of yet another amorphous and unenforceable international climate deal, President Trump has likely saved the environmental movement from itself.
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Another idea that has been advocated to end the CFPB's abusive practices is to use the Paperwork Reduction Act of 1980 as a means to render CFPB regulations unenforceable.
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Update: May 4, 303: The U.S. Department of Justice has announced that North Carolina's infamous "bathroom bill" limiting protection for LGBTQ people is unenforceable, according to The Associated Press.
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"No matter one's personal view on abortion, we can all recognize that, at least for the short term, this bill may similarly be unenforceable," she said in a statement.
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The president targeted the AFL-CIO head after Trumka said that unions were not ready to back the president's "unenforceable" replacement for the North American Free Trade Agreement (NAFTA).
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" Second, Krueger and Posner would support legislation making noncompete agreements "uniformly unenforceable and banned if they govern a worker who earns less than the median wage in her state.
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The Kislyak calls, meanwhile, appear to be a potential violation of the Logan Act, an obscure and likely unenforceable 1799 law prohibiting private citizens from engaging in foreign policy.
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But instead of pursuing breach-of-contract claims stemming from unenforceable contracts, the bar brief said, counterparties could instead seek equitable relief, like a suit for unjust enrichment or conversion.
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But Gigi Sohn, a lawyer with the FCC under the Obama administration, told The Verge T-Mobile's promises were "vague and unenforceable," and it was unlikely Pai would follow through.
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Yet most states — all but three and Washington, DC, according to the study — have unenforceable or no laws that restrict access to guns for people with histories of alcohol abuse.
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If NIFLA wins, California's transparency law would be unenforceable, and similar laws in other states would likely be overturned, leaving women vulnerable to religious propaganda masquerading as legitimate medical advice.
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You're right: Unlike disabled parking, these spaces are an unenforceable gesture of kindness, and thus are probably so routinely stolen by mercenary me-firsters like you as to be meaningless.
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Businesses that impose prohibited conditions have a chance to rebut the presumption that they're unconscionable, but once the conditions are deemed unenforceable, the business faces a $1,000-per-violation penalty.
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The state officials noted in their filing Monday that O'Connor's opinion created confusion about whether ObamaCare will be unenforceable once the repeal of the individual mandate takes effect Jan. 1.
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But the next month, the state attorney general's office said the measure was "unenforceable" because the FBI wouldn't conduct the new checks, which the federal agency considered the state's responsibility.
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"I agree wholeheartedly that an absolute NDA (covering non-classified information) would likely be unenforceable if it covered the period during which an official serves with the government," said Verkerke.
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In the suit, Mr. Avenatti argued that the nondisclosure deal with Ms. Clifford was unenforceable because Mr. Trump — identified in the contract as David Dennison — had never formally signed it.
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The Supreme Court ruled such covenants unenforceable in 1948, but they had long-lasting effects on how homeowners looked at the world around them, and the need to control it.
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In a filing in November, Williams argued that Apple&aposs contract was unenforceable because California law allows employees to make some preparations to compete while still in their current job.
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"Any local ordinance that expressly limits or prohibits growing vegetables on one's own property will be "void and unenforceable,"" the Institute for Justice said when the bill was signed into law.
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That move already weakened Section 230's protections in a narrow way, and the fear is that reopening Yelp's case could set the precedent that makes the rule all but unenforceable.
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" The Trump team said in its filing that it is requesting the court declare the House subpoenas "are invalid and unenforceable," and that it issue a "permanent injunction quashing the subpoenas.
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It is no accident that California, a notably innovative state, is one of only three to make the clauses unenforceable except in special circumstances, such as the sale of a business.
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Livingston made headlines was in 2017 when he sponsored legislation that would make the contents of an insurance policy's cover sheet and synopsis unenforceable if the long-form contract is different.
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Their message came through loud and clear -- that if climate catastrophe is to be avoided, we will have to do more than issue polite but unenforceable pledges at annual UN conferences.
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"Because you did not provide me with a copy of the subpoena that actually issued, the subpoena that you eventually issued would be unenforceable as a matter of law," he said.
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The Associated Press: In exchange for keeping confidences, discarded Trump staff members have received cushy compensation if they sign nondisclosure agreements, which are considered highly unusual in government and perhaps unenforceable.
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The entire zero-tolerance policy would become unenforceable if enough prosecutors and DHS agents -- and perhaps even Homeland Security secretary Kirstjen Nielsen -- would quit their jobs in the face of inhumanity.
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Local media reported earlier in the week that Islamabad would ban celebrations on Valentine's celebrations as an "insult to Islam", but city officials later said such a rule would be unenforceable.
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Judge O'Connor, the plaintiff states, and now the Trump administration reasoned that, like a house of cards, when the tax penalty fell, the so-called individual mandate became unconstitutional and unenforceable.
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HB 2 has been characterized as borderline unenforceable by North Carolina police, a last gasp of "prejudice and bigotry" by Bruce Springsteen, and "fucking stupid" by most people who read it.
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The document, however, was a watered-down, unenforceable version of a nondisclosure agreement, with its general premise that employees should not profit off confidential West Wing information, CNN reported last year.
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But some Hispanic Caucus members, including Gallego, argued that the provisions are unenforceable, and have also criticized an aspect of the deal that allows certain new fencing beyond the 2017 agreement.
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Misinforming the public and using public relations, scare tactics, and potentially unenforceable fines to cover up the failures of the agency aren't going to do anyone any favors in the long run.
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"Chairman Cummings' subpoena is invalid and unenforceable because it has no legitimate legislative purpose," Trump's lawyers said in a filing, arguing it exceeded constitutional limits on the power of Congress to investigate.
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Any new abortion laws "in a covered jurisdiction" will be illegal and unenforceable until the DOJ determines whether they are compliant with both the Women's Health Protection Act and Roe v. Wade.
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Virginia has yet to work out the final details of the work requirement, but Senate proponents of the policy rejected arguments from expansion opponents that the requirement would be weak and unenforceable.
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"Insufficient, vague and unenforceable work requirements — further undermined by loopholes to waive individuals from participating — dissuade employment and restrict opportunities for recipients," according to a GOP committee fact sheet on the provision.
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"... So, it's just, we think, an absurdly poorly written and unenforceable opinion, and I don't think anyone in the industry, the gaming industry, the sports betting industry, feels any differently," Murren added.
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AFL-CIO President Richard Trumka on Sunday said that unions are not ready to back the White House's "unenforceable" replacement for the North American Free Trade Agreement (NAFTA), despite President Trump's claims.
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They feared that a judge could simply throw the case out for lack of standing, essentially rendering use of the tax code provision unenforceable whenever the executive branch objects to its invocation.
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Democrats — and some Republicans — say that the calls were almost certainly a violation of the Logan Act, an obscure and likely unenforceable 1799 law prohibiting private citizens from engaging in foreign policy.
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Instead, she wants the court to rule that the nondisclosure agreement is invalid or unenforceable, allowing her to speak freely about the relationship she says she had with Trump, without fear of litigation.
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President Trump has made clear again and again and again that some vague or some unenforceable proposal to maybe kinda sorta someday denuclearize by North Korea is just not going to cut it.
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But that law seems almost entirely unenforceable, and—let's face it—if an incoming administration thinks the outgoing one has shit the diplomatic bed, how much restraint should we expect them to show?
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A Washington Post columnist reported earlier this year that senior staffers in Trump's White House were required to sign non-disclosure agreements, a move that many deemed unprecedented and unenforceable for public employees.
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The White House has in recent days confirmed its practice of requiring West Wing staffers to sign nondisclosure agreements, despite concerns from watchdogs that such documents are unenforceable and uncommon for public employees.
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The Court of Arbitration for Sport ruled on Thursday that the exclusion of Anastasia Karabelshikova and Ivan Podshivalov over a past doping sanction, as called for by the International Olympic Committee, was "unenforceable".
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They did so after deciding, like other lawmakers before them, that existing laws were too ineffective and unenforceable, and that they would instead prioritize regulations focused on consumer protection such as fraud prevention.
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A transcript shows the judge repeatedly emphasizing that the order to compel Apple to create a backdoor for the government is "unenforceable" and has been so since the court battle began weeks ago.
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But of the 12 states that have passed new laws, only one, New Jersey, has gone so far as to effectively negate these N.D.A.'s, by making them unenforceable when victims break them.
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"We are very pleased that Judge Orrick agreed with us that Juul's arbitration clause is unenforceable because it was hidden in a hyperlink that was 'wholly indistinguishable' from plain text," Nafisi's email said.
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The pari passu case was won at a time when the prior government refused to pay more than the 1.53 cents on the dollar, and when judgement claims in US courts appeared unenforceable.
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Some commentators have suggested that the Logan Act is a dead letter under a legal doctrine known as "desuetude," which holds that a law can become unenforceable after a lengthy period of disuse.
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And so absent congressionally granted authority, the FTC can only enforce violations of open internet "principles," which aren't the same as actual rules, and which critics like Sohn say are all but unenforceable.
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HERE ARE THE RUSSIA FACEBOOK ADS THAT TRIED TO DUPE YOU Klobuchar dismissed pledges from the companies this week to be more transparent about political ads, calling that an unenforceable "patchwork" of self-policing.
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Some tech policy experts believe that Pai will eventually propose allowing broadband giants like Comcast, AT&T and Verizon to make voluntary, non-binding open internet commitments that would be unenforceable by the FCC.
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Why such unenforceable noncompetes are used so frequently is an open question, though a recent paper points to an information gap between what employees believe about the enforceability of noncompetes and their actual enforceability.
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Why such unenforceable noncompetes are used so frequently is an open question, though a recent paper points to an information gap between what employees believe about the enforceability of noncompetes and their actual enforceability.
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But judgments awarded against organizations or governments are often unenforceable and even when there are assets that can be claimed in the United States, their value often falls short of the award. (reut.rs/2dexDdV)
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The rules Walden favors—which are entirely unenforceable and contain numerous loopholes through ISPs can screw over consumers—would, conversely, not lead to a "government takeover of the internet by Washington bureaucrats," he claimed.
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"Spirit pilots are not prepared to embark on the fool's errand of accepting substandard pay and retirement based on the unenforceable hypothesis that the Company may grow more quickly," Morrison said in a statement.
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It will continue to import North Korean coal and iron ore (and send back fuel oil, food and consumer goods) as long as the money is not spent on military activities—an unenforceable condition.
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Despite such concerns, Democrats and Republicans — as well as environmentalists and state officials — want legislation passed this year to replace the current law, which was rendered all but unenforceable by a 1991 court ruling.
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Though they stopped short of advising me to break it, both were happy to admit that almost all of their customers chose to ignore it (with one reassuring me that the laws were "unenforceable").
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Coverage of Ann Arbor in the Times focused on the open consumption trend, with Sheriff Frederick Postill describing more stringent state laws as "unenforceable" owing to the prevalence of weed use in the city.
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Rockland's decision to "bar" unvaccinated children from public places may be an unenforceable edict, but that doesn't mean we shouldn't be using every possible means to pressure members of the herd to act responsibly.
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The United States and other traditional allies had excoriated the Polish government over the law, passed in February, condemning it as largely unenforceable, a threat to free speech, and an act of historical revisionism.
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Deidre Henderson, the bill's lead sponsor, called Utah's current law unenforceable, saying that it doesn't prevent people from engaging in polygamy but instead isolates polygamous communities and prevents from potential victims from reporting abuse.
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DUBLIN, Dec 23 (Reuters) - The Irish High Court on Monday rejected Ryanair's attempt to prevent operations chief Peter Bellew from joining rival easyJet until 2021, saying a 12-month non-compete clause was unenforceable.
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"The court did not accept arguments that would have turned back the clock on equality by making our basic civil rights protections unenforceable, but reversed this case based on concerns specific to the facts here."
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A rulebook of ever-increasing complexity does not take us where we need to go, and neither does an unenforceable "simple rule" that gives rise to nothing but endless litigation and ever more dubious regulations.
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These are typically limited by local law to a period of a few years, but some franchise companies will go ahead and include a non-compete period of 10 years, even if it's legally unenforceable.
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Any agreement clashing with the principle that workers are "free from the interference, restraint or coercion of employers" when engaging in "concerted activities" aimed at their "mutual aid or protection" are, the NLGA says, unenforceable.
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But does that mean that laws against voting selfies—which are common to many states—are unenforceable, or is JT just getting off the hook because he's a celebrity who tried to to do good?
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At the same time, however, the Internet ecosystem is not likely to be satisfied with going back to the old, unenforceable broadband statement given the battle-scars on all sides of the net neutrality fight.
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This bill is now in the hands of the Senate Health, Education, Labor and Pensions Committee and absent any further action on it, all that stands are the vague and unenforceable interoperability goals in MACRA.
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The mystery company argued that it was immune from criminal proceedings under the Foreign Sovereign Immunities Act and that the subpoena was unenforceable because it would require "the Corporation" to violate "Country A's" domestic law.
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Portfolio Recovery Associates, one of the country's largest debt collectors, used deliberate ambiguity in a collection letter to try to get an Illinois consumer to pay on legally unenforceable debt, a federal appeals court ruled.
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A federal appeals court has refused to revive three lawsuits accusing major debt buyers of flooding U.S. bankruptcy courts with claims for legally unenforceable debt, ruling that lower courts were correct in dismissing the litigation.
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Graffeo argued in his ruling that Birmingham, a city with deep ties to the civil rights movement, did have a compelling interest in covering up the monument, adding that the memorial preservation law was unenforceable.
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"Any support for these women by private, religious, good will individuals or organizations is ad hoc, unenforceable, can be withdrawn at any moment, not rights based, and there is no scrutiny or accountability," she says.
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The language in the contract seemed "aimed at inoculating a company against future claims" of sexual harassment, according to several lawyers interviewed by the Boston Globe, with at least one suggesting it was legally unenforceable.
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An argument by the insurer stipulating that the plan's contract set a cap of $1 million would fail in court, Berger said, because such a contract is illegal under the ACA, and hence be unenforceable.
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This month, a bipartisan group of senators, including Lindsey Graham, Republican of South Carolina, and Kirsten Gillibrand, Democrat of New York, proposed legislation that would make forced arbitration in harassment cases unenforceable under federal law.
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Noncompetes in California and North Dakota are largely unenforceable in court, for example, but recent research suggests that they are used just as frequently in those states as they are in states where they are enforceable.
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Now that congressional leaders, governors and Mr. Trump have shown the rules and customs of American politics to be hollow and unenforceable, we need a new set of tools to understand how democracy works, or doesn't.
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Noncompetes in California and North Dakota are largely unenforceable in court, for example, but recent research suggests that they are used just as frequently in those states as they are in states where they are enforceable.
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All of the incentives in this environment point toward maximizing victories and minimizing defeats; the only things restricting a much more rapid devolution of the confirmation process into pure power politics were unenforceable norms of behavior.
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The Senate majority leader has no need for this deal; if he accepted it, it would be unenforceable; and if time came for him to make good on his commitment, he would likely welsh on it.
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Earlier this month, a bipartisan group of senators, including Republican Lindsey Graham of South Carolina and Democrat Kirsten Gillibrand of New York, proposed legislation that would make forced arbitration in harassment cases unenforceable under federal law.
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This prohibition was challenged in 2010 when the Supreme Court ruled — in the decision known as Citizens United — that the government could not ban corporate spending in candidate elections, rendering state laws like Montana's potentially unenforceable.
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This has been a profitable gig for Mr. Kobach, but not so much for the towns in question, some of which wound up drowning in legal fees after trying to defend measures that ultimately proved unenforceable.
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"The science is clear: Lesser prairie chickens are gravely imperiled and unenforceable, voluntary conservation efforts alone have proven incapable of saving this unique bird," Bethany Cotton, wildlife program director with WildEarth Guardians, said in a statement.
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New York's Attorney General, Eric Schneiderman, likewise said in a post on Twitter Friday that the arbitration language was "unacceptable and unenforceable," adding that his staff had contacted the company to get them to remove it.
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There's been disagreement on this case in federal courts; while a federal district court ruled that the arbitration provision in the employees' contracts was enforceable, the Ninth Circuit Court of Appeals disagreed, ruling it was unenforceable.
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"The court did not accept arguments that would have turned back the clock on equality by making our basic civil rights protections unenforceable, but reversed this case based on concerns specific to the facts here," they said.
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Alabama is the latest state to all but ban abortion with laws that are unenforceable under federal law, but meant to push the U.S. Supreme Court to reconsider its 1973 ruling declaring the procedure a constitutional right.
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So it was a surprise on Tuesday when he joined the liberals in a 5-4 decision stating that a federal law that eases the deportation of immigrants convicted of crimes is unenforceable because it's too vague.
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"The Charlotte City Council acted in good faith to do everything it understood was needed to necessitate the state legislature repealing HB2, a state law that made our non-discrimination ordinance unenforceable," the city said in a statement.
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"The court did not accept arguments that would have turned back the clock on equality by making our basic civil rights protections unenforceable, but reversed this case based on concerns specific to the facts here," the group said.
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The Pinter estate, saying the theater company did not properly secure rights to produce the show, has ordered the Wooster Group to bar theater critics from reviewing the Los Angeles staging — an eyebrow-raising and presumably unenforceable request.
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If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
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Judge Orrick's ruling suggested Trump's January 25 executive order was unenforceable because it attempted to give the office of the Attorney General the unilateral authority "to impose new conditions on federal grants" — a power reserved exclusively for Congress.
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Video Yellowhammer News reported that former Deputy Montgomery County District Attorney Richard White says Bentley may be eligible for a Senate run, as the ban could be unenforceable since Bentley had already completed his probation and community service.
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The 9th U.S. Circuit Court of Appeals said plaintiffs in eight proposed class actions had not met their burden of showing the mandatory arbitration provision included in the testing kits' terms of service was unconscionable and therefore unenforceable.
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Trump's executive order barring the separation of parents and children rendered the zero-tolerance policy unenforceable almost immediately because there wasn't sufficient detention space to house the thousands of family members who arrive at the border each month.
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" By the end of August, King and the mayor, Richard J. Daley, had struck a "Summit Agreement," which pledged an end to housing discrimination, but it was unenforceable, and Daley later shrugged it off as a "gentleman's agreement.
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If the Supreme Court rules in favor of the baker, however, laws in 21 states and the District of Columbia that expressly prohibit discrimination on the basis of sexual orientation and gender identity will be rendered largely unenforceable.
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And, in the meanwhile, Facebook operating a policy that's essentially unenforceable risks looking intentional — given how much profit the company continues to generate by being able to claim it's just a platform, rather than be ruled like a publisher.
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Regeneron Pharmaceuticals Inc on Monday hit a dead end in its long-running bid to undo a ruling that a patent it had sought to enforce against rival Merus NV was unenforceable because it had been obtained through deception.
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As a current cybersecurity strategist and consultant, however, I have to ask myself: Do I support the surrender of iPhone security to the government in exchange for an unenforceable guarantee they will be able to protect me from terrorism?
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Sharing profits made on Airbnb could be seen as a de-facto rent increase, he suggested, adding that a clause in which the landlord promises not to evict someone for renting their home on Airbnb may also be unenforceable.
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The United States has long been the world's drug cop, but now that it has abandoned the beat by allowing nine states to legalize weed, international laws preventing countries from setting their own policies on marijuana are basically unenforceable.
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That investigation found the company attempted to collect on 7,325 "void and unenforceable" payday loans in New York, and resulted in an order to repay the 4,792 it had succeeded in collecting, as well as a $85033,000 civil penalty.
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Plaintiffs' lawyers at Lieff Cabraser Heimann & Bernstein had argued the arbitration provision is unenforceable, but Judge Donato said Fitbit's so-called delegation clause leaves it to an arbitrator, rather than a judge, to decide the threshold question of arbitrability.
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For months, officials in the West Wing have refused to confirm reports by The New York Times and other news outlets that aides were ordered to sign nondisclosure agreements, which legal experts say are essentially unenforceable for government employees.
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The House is asking a full appeals court to rehear its case for subpoenaing former White House counsel Don McGahn after a divided three-judge panel ruled last week that congressional subpoenas of the executive branch are legally unenforceable.
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"The idea is to intentionally break the communications policy so prolifically that it is unenforceable," Amazon Employees for Climate Justice wrote in an email sent internally last week to collect statements and signatures; it later made the message public.
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For the most part, the federal government and corporations replaced a truly treaty-based negotiation process with a weak and unenforceable "consultation" practice, which doesn't require much more than asking Indigenous peoples what they think on a particular project.
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While many have mocked this accord as being toothless and unenforceable, it is noteworthy that the policy makers settled on a number that is based on the best science available and is within the predictive capability of our computer models.
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SEVERABILITY: If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. 9.
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Although the anti-blasphemy law was by world standards mild, and virtually unenforceable, liberal-minded people argued that its very existence offered moral support to the vastly harsher anti-blasphemy regimes that apply in places like Pakistan and Saudi Arabia.
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Those steps were seen as a step forward—at least they weren't outright dismissing the idea of heightened cybersecurity scrutiny by experts—but many in the security industry said voluntary and unenforceable actions wouldn't be enough to secure the voting industry.
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He advocated entirely scrapping "unenforceable" pre-citizenship requirements of physical presence (currently four years out of six, prior to application), and instead strictly pursuing taxation upon global income, coupled with routine sharing of information between Canada's tax and immigration authorities.
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He already did something very similar with his executive order back in February making it okay for tax filers not to disclose their health insurance coverage status and thus making the non-coverage tax penalty part of Obamacare virtually unenforceable.
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Plaintiffs' lawyers leading the MDL had argued that the FanDuel and DraftKings arbitration provisions were unenforceable, but Judge O'Toole agreed with the companies that threshold issues about their consumer contracts must be decided by an arbitrator, not by the court.
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For instance, state legislatures and Congress can make noncompete agreements unenforceable when they are applied to employees who earn less than, say, $56,500 — the median household income in 2015 — or to workers who do not have access to trade secrets.
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To have your certification of seriously delinquent tax debt reversed, you need to prove one of three things: that the debt is fully paid or legally unenforceable, that the debt is no longer seriously delinquent or that the certification was incorrect.
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This month, the FTC warned six major companies which sell "automobiles, cellular devices, and video gaming systems" that placing warranty restrictions on third-party repairs is illegal:Despite the inclusion of such warnings, most of the restrictive policies produced by manufacturers are completely unenforceable.
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Pessimistic take: The Chinese side has no intention of agreeing to most of the US demands for structural changes and instead will try to buy time with promises of more headline purchase deals and vague and unenforceable commitments to deeper changes; i.e.
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The U.S. Court of Appeals for the Federal Circuit said it would not revisit its May 4 ruling that a patent owned by Heat-On-The-Fly LLC (HOTF) was unenforceable because of inequitable conduct at the PTO by founder Ransom Mark Hefley.
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And though the rule ostensibly prohibits nursing homes from denying admittance to people who refuse to sign the arbitration agreement, it's unenforceable in practice; the nursing home isn't required to actually tell the family that the patient can still get admitted without signing.
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The clear-headed Judge James Donato determined in May that while proceeding under California law was something users had agreed to, it was unenforceable, as it would amount to "a complete negation" of non-California protections such as those found in BIPA.
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Lake County Circuit Court judge Luis Berrones issued a permanent injunction blocking the measure from being enforced, finding that the gun owners who sued have "a clearly ascertainable right to not be subjected to a preempted and unenforceable ordinance," The Chicago Tribune reported.
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The lawsuit, filed in Federal District Court here, argued that the committee's chairman, Representative Elijah E. Cummings, Democrat of Maryland, had no legitimate legislative reason to subpoena an accounting company tied to the president, so his subpoena should be deemed invalid and unenforceable.
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In a brief filed on Monday, CVS urged the 1st U.S. Circuit Court of Appeals in Boston to reject John Lavin's claim that his non-compete agreement - which formed the basis of an injunction preventing him from working at Amazon's PillPack - was unenforceable.
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Evidently no one noticed prior to enactment that the law's central requirement — that hundreds of thousands of foreign firms outside of U.S. jurisdiction in almost 200 countries turn personal data directly over to the IRS — would be unenforceable under most countries' privacy laws.
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For all the reasons she argues against nondisclosure agreements in the context of sexual harassment or assault, I would argue that NDAs are "against public policy" and "conscience shocking," two legal criteria for declaring contract provisions void, and unenforceable by the courts.
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Six more states have since passed new laws, ranging from Maryland, which drew the line at $15 an hour, or about $31,200 a year, all the way to Washington, which rendered noncompete restrictions unenforceable for workers making less than $100,000 a year.
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Officials peddling these odious initiatives clearly don't care that the measures are not only unconstitutional but unenforceable: Laws barring transgender people from using public restrooms that align with their gender identity could be enforced only if restroom users were subjected to intrusive inspections.
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And so the North, rather than committing to a legally binding (and potentially destabilizing) peace treaty, is likely to do again what it has gotten away with in previous meetings with the South: dangle aspirational goals in jointly signed, but totally unenforceable, official statements.
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"In the Uber case, the court has certified the case as a class action on behalf of almost all Uber drivers in California, and the court was able to do that because it held Uber's arbitration agreement to be unenforceable," she said in an email.
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With a matter of hours until the opening ceremony, the Court of Arbitration for Sport, which has opened an office in Rio, ruled that banning two Russian rowers and a swimmer on this basis was unenforceable, and bounced the cases back to the sporting federations.
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A unanimous three-judge panel of the 4th U.S. Circuit Court of Appeals said BMO, a U.S. unit of the Bank of Montreal, cannot rely on an arbitration clause in the payday lender's loan agreements because it is unenforceable, affirming a lower court's decision.
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When he announced that he was giving up the presidency and wouldn't run for a third term in 85033, Washington reminded the people that the name American needed to take priority over any other name, designation or label and that patriotism was an unenforceable requirement.
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First, after another loss at the court of appeals in December, the company appears to have argued that contempt was unenforceable and that its property -- presumably including some in the US, given that the company has a US office -- couldn't be seized under the fine.
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Idaho has its own version of a Religious Freedom Restoration Act, but the state's Court of Appeals found that the state law was unenforceable in such a case because it was pre-empted by the federal law that imposed the Social Security number requirement.
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Photo: Edmund Tse/FlickrIn an amusing bit of irony, several companies in the United States are being urged by the Federal Trade Commission to remove the "Warranty Void if Removed" stickers and scrap other onerous policies that appear on their products because they are unenforceable garbage.
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Alternatively, Avenatti argues in the amended complaint that the lawsuit should be found to be unenforceable because it is unconscionable — pointing to the damages provision that would require Clifford to pay $1 million for each breach of the confidentiality provision — or void because it violates public policy.
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The real story is that, faced with an unexpected Supreme Court vacancy in the waning months of an administration that his party opposed, McConnell saw a chance to secure additional leverage for Republicans, and nothing stood in his way except an unenforceable tradition of the Constitution.
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Now that the bans, which are vaguely worded, have apparently hit not just women wearing burkinis but others in a wide range of modest clothing, some French organizations and politicians that previously had said little have begun to worry that the new rules are discriminatory and unenforceable.
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The Harris campaign said any change to abortion laws in a covered jurisdiction would remain legally unenforceable until the Justice Department determined that it adhered to the standards laid out in Roe and by the Women's Health Protection Act, which remains stalled in the Republican-controlled Senate.
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That is prompting concern among Republican lawmakers and American businesses that Mr. Trump could ultimately accept a weak deal that includes high-profile purchases of American products like liquid natural gas and soybeans but only vague and ultimately unenforceable commitments in more important areas of structural reform.
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The current bill, misleadingly titled the "ADA Education and Reform Act of 2017," would render largely unenforceable key ADA requirements that businesses be accessible to disabled consumers – requirements that they provide ramps instead of stairs where possible, that doorways be wide enough for wheelchairs and so forth.
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The prospect of extending the March deadline has divided Mr. Trump's economic advisers, with hard-liners such as Robert Lighthizer, the administration's top trade negotiator, increasingly wary that China is trying to run out the clock or clinch an unenforceable deal that it will ultimately break.
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Or maybe, as some observers have already suggested, this is just Trump's latest North Korea-style gambit: shoot from the hip (on Twitter), terrify large swaths of the international community, and then strike some kind of unenforceable deal after a grand summit that includes lots of photo ops.
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The U.S. Court of Appeals for the Federal Circuit upheld a June 2016 ruling that the two Merck patents, which cover methods of treating Hepatitis C, were unenforceable because of a pattern of misconduct by the company, including lying under oath by one of its in-house lawyers.
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Though Ivey has said the bill is "unenforceable" despite its passage, a number of backers have hopes that the bill, and other restrictive abortion laws being passed by Republican governors in recent weeks, set up a battle that could eventually challenge landmark Supreme Court ruling Roe v. Wade.
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Mississippi and Ohio passed so-called "heartbeat bills" (later blocked by federal judges) that would have banned abortions as early as six weeks into a pregnancy; multiple cities in Texas have declared themselves "sanctuary cities for the unborn," adopting unenforceable measures purporting to outlaw abortion within city limits.
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"Defendants rush and pressure the woman to sign the documents quickly without reading them and engage in other deceptive, coercive, and threatening behavior to secure their signatures... The Court finds these putative contracts invalid and unenforceable-part and parcel of Defendants' fraudulent scheme," he wrote in the ruling.
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A lower court last week upheld the subpoena after the company, which is owned by a foreign government, argued that it was immune from criminal proceedings under the Foreign Sovereign Immunities Act and that the subpoena was unenforceable because it would require "the Corporation" to violate "Country A's" domestic law.
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The lunacy at the heart of this demand to police every public bathroom was captured by Leon Lott, the sheriff of Richland County in South Carolina, who told state lawmakers last week that the law would be unenforceable because his officers could not be in the business of inspecting people's genitals.
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The 4th U.S. Circuit Court of Appeals said that Bluefield Regional Medical Center and Greenbrier Valley Medical Center had no written agreement to arbitrate with the National Nurses Organizing Committee, and that an oral agreement is unenforceable under the Federal Arbitration Act as well as the National Labor Relations Board's policies.
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In recent months, state resolutions have been proposed in New Jersey and California — as well as one that will take effect this month in New York — making nondisclosure agreements and forced arbitration clauses, which often prevent employees from speaking out or filing legal action, unenforceable against victims of harassment and discrimination.
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Letter To the Editor: Re "Laid-Off Americans, Required to Zip Lips on Way Out, Grow Bolder" (news article, June 12): As a lawyer who negotiates employee separation agreements, virtually all of which include nondisparagement clauses, I believe that such provisions should be declared unenforceable on the ground that they violate public policy.
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The regulations were closely held among officials at the department's legal division for weeks, without being shared with those in the public housing division, who were alarmed by a policy many believed to be both immoral and unenforceable, according to a senior official at the department with direct knowledge of their complaints.
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In a series of decisions beginning in 2011, they made it harder for consumers and employees to sue companies collectively (by upholding the fine print in contracts that forces disputes into private, case-by-case arbitration, in the face of state and federal laws that would otherwise make such contractual provisions unenforceable).
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The Department of the Interior's (DOI) Office of Surface Mining, Reclamation, and Enforcement (OSMRE) must protect working families and honest taxpayers from reckless coal companies by closing the self-bonding loophole -- a practice that lets coal companies use unenforceable promises, instead of strong third-party surety bonds, to secure funding for cleaning up mining sites.
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I'm sure even a million-dollar risk would make anyone think twice about leaking confidential information from the Trump White House but according to two law professors who specialize in government secrecy and the First Amendment, the contracts described in the Post story would almost certainly be deemed unenforceable if they were tested in court.
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Bills in Rhode Island would codify the right to an abortion in the state, no matter what happens to Roe, and would repeal several existing laws that are now unenforceable — like one requiring that a woman receive consent from her husband before getting an abortion and another that defines life as beginning at conception.
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Whether it be striking down Obama's unconstitutional appointments to the National Labor Relation Board or denying George W. Bush the power to compel state officials to abide by an unenforceable international treaty, the Court should work to uphold the sacred principles of the Constitution no matter its partisan preferences or the supposed merits of policy prescriptions.
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"The best way to confront cable monopolies isn't with inadequate and unenforceable merger conditions, but by ensuring universal and affordable access to big, open pipes, with network owners barred from discriminating against the content that flows over them," said Craig Aaron, the president of Free Press, in a statement following reports that the deal had been approved.
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United Arab Emirates energy producer Dana Gas said in June that its $700 million sukuk were unlawful and unenforceable under UAE law and began proceedings to have this confirmed in British and UAE courts, because while the purchase undertaking part of the sukuk is regulated by English law, the "mudarabah" agreement underlying it is regulated by UAE law.
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FCC resorts to the usual malarkey defending itself against Mozilla lawsuit If this suit succeeds and the FCC's new net neutrality rules are rolled back or substantially altered (for instance, the court may find that some section or another is illegal or unenforceable), this could bear on the basis for the agency's own lawsuit against California.
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Texas lawmakers considered a bill in April that would allow a woman who undergoes an abortion procedure to possibly be charged with capital murder, a crime punishable by death in the state, and multiple cities have recently declared themselves "sanctuary cities for the unborn" and adopted unenforceable ordinances that claim to outlaw abortion within city limits.
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Abortion rights supporters are worried and rightly so: If the court allows the unconstitutional Louisiana abortion law at the center of the case go into effect, it would signal to the rest of the country that Roe is virtually unenforceable, giving state lawmakers the green light to pass extreme restrictions or all-out bans on the procedure.
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But under President Donald Trump, the renewed pressure to eliminate protections and guidance surrounding trans equality has reached an inflection point: The effort to remove trans men and women from the armed services has been approved by the Supreme Court (though it remains unenforceable because of a nationwide injunction) and further anti-trans legislation is proposed diffusely across the nation.
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" Now, the social media platform has made its own request to the court — Twitter has asked for a declaration that "the CBP Summons is unlawful and unenforceable because it violates the First Amendment rights of both Twitter and its users by seeking to unmask the identity of one or more anonymous Twitter users voicing criticism of the government on matters of public concern.
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Whenever a generic drug company files an Abbreviated New Drug Application with the FDA, the law requires the generic company to certify its good-faith belief that the generic version of the subject branded drug either does not infringe any patent listed in the Orange Book for that drug, or that the listed patents are invalid (or unenforceable), or both.
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Charles Tiefer, a law professor at the University of Baltimore and a former acting general counsel of the House of Representatives, testified that this was the first time a House committee had subpoenaed a state attorney general, that the subpoenas were unenforceable against both the attorneys general and the groups, and that "the science committee cannot and should not try to enforce" them.
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"We have plenty of money and resources to deal with … disaster recoveries," Gaynor told "Fox News Sunday" host Chris WallaceChristopher (Chris) WallaceAFL-CIO head: Unions aren't ready to back 'unenforceable' North American trade deal Scott: White House and FEMA 'convinced me there's plenty of money' for Dorian response FEMA chief: Transfer of agency funds for immigration 'not affecting our preparedness whatsoever' MORE.
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While it attempts to address a fraction of the wage disparities in the motor vehicle industry between Mexico on the one hand and the U.S. and Canada on the other, the effort is so limited and constrained, it reminds me of the same kind of symbolic gesture that NAFTA made with its unenforceable labor and environmental standards in the 1990s.
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"T-Mobile Admits It Spent $195,000 at Trump Hotel in DC While Feds Weighed Sprint MergerT-Mobile is trying to merge with competitor Sprint in a hotly contested, $26 billion mega-deal that …Read more ReadGigi Sohn, a counselor to former FCC Chairman Tom Wheeler, echoed those concerns in a Wired op-ed this week, writing that Legere's assurances "are speculative, unsubstantiated, and entirely unenforceable.
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In the past, the Supreme Court has sided with the administration on a number of immigration and border protection legal issues including approving the "public charge" rule and the essential blanket rejection of all asylum-seekers passing through Mexico before attempting to enter the U.S. Last week, the court had ruled the policy unenforceable for the entire southern border, but the White House fought back, promising consequences.
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"Unlike the case against Uber, where the court held Uber's arbitration clause to be unenforceable, and therefore certified the case as a class action, we did not have the same arguments to make regarding Lyft's arbitration clause and recognize that, because of it, it would be very difficult if not impossible, to pursue this case on a class basis as we are doing in the Uber case," she and Carlson said in the statement.
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Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn&apost apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York.
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It said that "any order, rule, regulation or action by any governing body, agency or political subdivision of the state that imposes any additional freedom of movement or social distancing limitations on Essential Business or Operation, restricts scope of services or hours of operation of any Essential Business or Operation, or which will or might in any way conflict with or impede the purpose of this Executive Order is suspended and unenforceable during this COVID-19 State of Emergency."
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"As this unlawful bill would impose real harm on our community, out of respect for the process and to inform your considerations, we want to formally notify the State that if it is signed into law by Governor Cuomo, Airbnb would have no choice but to immediately file suit against the State of New York and ask a court to declare the statute invalid and unenforceable as well as to award any damages and fees as appropriate," Rob Chesnut, general counsel of Airbnb, writes in the letter.
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Fox News, which employs some of Trump's fiercest supporters, including prime-time host Sean HannitySean Patrick HannityTrump tweetstorm dominates presidential weekend Media takes hits in bitter partisan era Trump: 'Top shows' on Fox News, cable are 'Fair (or great)' to me MORE, has been a source of long-simmering frustration for the president, who believes the hard news division and anchors such as Chris WallaceChristopher (Chris) WallaceAFL-CIO head: Unions aren't ready to back 'unenforceable' North American trade deal Scott: White House and FEMA 'convinced me there's plenty of money' for Dorian response FEMA chief: Transfer of agency funds for immigration 'not affecting our preparedness whatsoever' MORE and Shepard Smith have been too tough on him.
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If you spot any of the following red flags, you may be in a better position to negotiate the terms of the agreement or have them challenged in court as legally unenforceable down the line:An arbitration agreement that requires an employee to pay the full cost of the arbitrationAn arbitration policy that sets deadlines for filing complaints that are shorter than what the law allows for certain legal claims, such as discrimination or harassment claimsA non-compete or non-solicitation agreement covering an unreasonably long period of time (generally more than one year)A non-compete or non-solicitation agreement covering geographic areas beyond where the employer actually does businessA non-compete agreement that would effectively prevent an employee from finding a new job in his or her fieldA non-solicitation agreement that restricts a former employee from soliciting customers that he or she knew prior to working for that employerNon-compete and non-solicit agreements also may not be fully legally enforceable depending on the state where you live and work.
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