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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Formica Insulation Co. ,

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A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

The Supreme Court instructed the Texas Court of Criminal Appeals to consider whether counsel’s inadequate performance had prejudiced Andrus – that is, whether but for counsel’s deficient performance, the mitigating evidence might have prompted at least one juror to opt for a sentence of life without parole rather than the death penalty.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

Instead, the Georgia Supreme Court upheld “general jurisdiction” over Cooper on the ground that Cooper, by registering as a foreign corporation in Georgia, had consented to suit in Georgia as a condition of doing business in the state. The petition in Cooper was filed by the defendant in a lawsuit resisting personal jurisdiction.

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Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.” Stare decisis and the Kavanaugh test.

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Stephen Breyer, pragmatic liberal, will retire at end of term

SCOTUSBlog

Jackson Women’s Health Organization , Breyer (along with Justices Sonia Sotomayor and Elena Kagan, both appointed by President Barack Obama) emphasized the importance of stare decisis, the idea that courts should not overrule their earlier cases except in narrow and extraordinary circumstances.

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