what constitutes a substantive right
has vexed judges and academics
Transco had already been granted a substantive right
to possession of the sisters' land, but the chapel, built in July was intended as a protest.
51) This distinction is important because while a substantive right
cannot be waived by an arbitration agreement, a procedural right can be.
118) And since the court found the right to concerted activity to be a substantive right
, not just a procedural one, (119) it followed that Italian Colors' own reasoning supported the holding that the agreement was unenforceable because it required a waiver of a substantive right
Though the NLRA may be sui generis, numerous courts have held that no such substantive right
exists in the context of other employment-related statutory frameworks such as the ADEA and the FLSA.
As such, Health Republic has no substantive right
to 'presently due' payment that permits the court to exercise jurisdiction over its claims.
that an employer's mandatory arbitration policy prohibiting collective or class actions violates Section 7 of the labor law, and that enforcing the arbitration/class-action waiver would interfere with the workers' substantive right
to engage in collective action.
The project hopes to implement a scheme which ensures the substantive right
to legal representation of all persons in detention, within the first hour of the commencement of detention.
statute is invoking a substantive right
, the anti-SLAPP law
target any particular group or substantive right
means that the
22) He first explained that the REA grants the Court the authority to promulgate and apply rules subject to its review (such as the Federal Rules of Civil Procedure, generally, and Rule 23, specifically), so long as those rules do "not abridge, enlarge or modify any substantive right
While it provides a substantive right
to the operator, it is not a mandatory but an enabling provision" which can be included in the contract between the operator and the supplier for having a risk sharing mechanism.