article thumbnail

Doctrinal “dinosaur” or stare decisis? Justices wrestle with patent-law precedent.

SCOTUSBlog

An inventor files a patent application on an invention and assigns the patent rights to an assignee — perhaps in exchange for money from the assignee, or perhaps as part of a contract with the inventor’s employer. Wolf principally argued that stare decisis justifies maintaining the doctrine. Matthew Wolf argued for Hologic.

article thumbnail

In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

These statutes operate as contracts between the United States and those receiving funds—the United States offers money in exchange for recipients providing services to private individuals, who function as third-party beneficiaries of that contract. Separation of powers and federalism principles strengthen that conclusion.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.”

Statute 106
article thumbnail

The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

When it is said that parties make their own contracts and that the courts will only give effect to their intention as expressed in and by the contract, that should generally be understood to mean and imply a contract which does not rob the Court of its jurisdiction in favour of another foreign forum.” [4].

Court 52
article thumbnail

Justices to hear evangelical Christian postal worker’s religious accommodation case

SCOTUSBlog

That changed in 2013, when USPS signed a contract with Amazon to deliver the company’s packages, including on Sundays. USPS fulfilled its contract with Amazon,” he emphasizes, “and no packages went undelivered” as a result of his absences. Postal Service are famous for delivering the mail even in the worst conditions.

article thumbnail

“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

SCOTUSBlog

He emphasizes the Casey court’s discussion of stare decisis, reading from the opinion and even giving the page numbers in the United States Reports. “And it is particularly important to show what we do in overturning a case is grounded in principle and not social pressure, not political pressure.”. Casey did that,” she replies. “No,

article thumbnail

A call for the wider study of Private International Law in Africa: A Review of Private International Law In Nigeria

Conflict of Laws

Writing on the importance of a private international law system that responds to the interests of Africa, Dr Okoli observed that with growing international trade with Africa comes an inevitable rise in disputes among contracting parties conducting trade on the continent. [4]

Laws 52