SCOTUSBlog
APRIL 23, 2021
Taking a different approach, Justice Clarence Thomas pointed out that the Patent Act does not mention claim preclusion or issue preclusion, but those doctrines nevertheless bar certain arguments in patent litigation. Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party.
Patently O
DECEMBER 11, 2022
This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom. ” Id.
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SCOTUSBlog
APRIL 20, 2022
Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.
Conflict of Laws
MARCH 10, 2021
There are five comments that could be made about the Court of Appeal’s decision (Hussaini JCA) in A.B.U. 6] First, the Court of Appeal (Hussaini JCA) in A.B.U. 8] It should be stressed that Oputa JSC’s obiter dictum is not binding on lower courts according to the Nigerian common law doctrine of stare decisis.
SCOTUSBlog
APRIL 27, 2022
It’s a little surprising the court let stand a federal court decision invalidating a state statute on constitutional grounds, but animal-rights groups defending that decision argued persuasively that state statutes are in a state of flux and it would be premature for the justices to take up the case now.
Conflict of Laws
DECEMBER 17, 2020
The result of the authors’ analyses of Nigerian appellate courts’ cases bordering on the jurisdiction of Nigerian courts in actions in personam arising from causes of action which accrue outside the territorial jurisdiction of the courts is particularly eye-opening.
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