Also known as: nonobstante · notwithstanding
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase meaning notwithstanding. It introduces a provision that applies despite any contrary law, rule, or interpretation.
Select any source to read its text and confirm it supports the definition.
Before ratification, the Confederation incurred debts to suppliers in several states. After the Constitution took effect, a state court refused enforcement on the ground that its own constitution barred payment. The federal court enforced the debts anyway, applying the supremacy provision that validated all prior engagements notwithstanding contrary state law.
Nyah Ndlovu asked her lawyer to represent both her and a business partner in a joint venture. The lawyer identified a concurrent conflict but reasonably believed competent representation remained possible for each client. The lawyer proceeded with the joint representation notwithstanding the conflict because the clients gave informed consent and no law prohibited the arrangement.
Nia Nkosi and Neville Norton signed a written contract for the sale of equipment that the statute of frauds required to be in writing. Later they orally agreed to rescind all remaining duties. The rescission discharged the contract notwithstanding the statute of frauds because the duties were still unperformed.
A state required out-of-state beer sellers to affirm that their in-state prices matched prices charged elsewhere. An out-of-state seller challenged the requirement as an extraterritorial regulation. The court struck down the law notwithstanding the Twenty-First Amendment because it violated the Commerce Clause by controlling prices in other states.
Nora Nash blocked access to a shared driveway that Nadia Novak needed to reach her property. When Novak attempted to clear the blockage, her equipment caused damage to Nash's fence. The court held that Novak's efforts to exercise her right of access were not a superseding cause of the damage notwithstanding the impediment created by Nash.
Nikhil Narayan sold mortgaged property to Nova Pharmaceuticals and remained personally liable on the note. The mortgagee later gave Narayan an express written release from the obligation. The court discharged Narayan from personal liability notwithstanding the general rules governing assumption by the transferee.
The phrase signals that federal law prevails over any contrary state constitution or statute. Judges in every state must apply federal law and treaties as the supreme law of the land even when state law would otherwise control.
A lawyer may represent the client if the lawyer reasonably believes competent and diligent representation is possible, the representation is not prohibited by law, and each affected client gives informed consent confirmed in writing. The rule expressly permits representation notwithstanding the conflict once these conditions are met.
…once passed unnoticed and unchallenged. To take but one period, this occurred with respect to marriage in the 1970’s and 1980’s. Notwithstanding the gradual erosion of the doctrine of coverture, see supra , at 6, invidious sex-based classifications in marriage remained common through the mid-20th century. See App. to Brief for…
…I have, myself, in many instances, unhesitatingly and confidently, but I think now erroneously, repeated the same doctrine. But, notwithstanding the great names which may be cited in favor of the doctrine, and
…ones. This reasoning rests on the premise that married people will comply with the ban in regard to their marital relationship, notwithstanding total nonenforcement in this context and apparent nonenforcibility, but will not comply with criminal statutes prohibiting extramarital affairs and the anti-use statute in respect to…
…Wisconsin,[^maj-13] and other jurisdictions,[^maj-14] have permitted unrelated persons to occupy single-family residences notwithstanding
…officers incident to petitioners' arrest by those officers solely for the purpose of enforcing federal law. Id. , at 314.
Yes. All unperformed duties under an enforceable contract may be discharged by an oral agreement of rescission notwithstanding the statute of frauds. The statute continues to apply only if the rescission itself transfers an interest in property.
It emphasizes that the Twenty-First Amendment does not shield state laws that regulate prices extraterritorially. Such laws remain invalid under the Commerce Clause notwithstanding the amendment's grant of authority over liquor.
Normal efforts to remove an impediment or exercise a right or privilege are not superseding causes of resulting harm when the defendant intentionally or negligently created the impediment. The rule preserves liability for the original actor notwithstanding the plaintiff's responsive conduct.
The transferor may be discharged by receiving an express release from the mortgagee or by asserting suretyship defenses. This discharge is available notwithstanding the general rules that would otherwise continue the transferor's liability after the property is conveyed.