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

SCOTUSBlog

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. a municipal entity.

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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.” military veterans.

Statute 107
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Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

SCOTUSBlog

The doctrine stems from the common-law principle that one who sells property to another generally should not be able to undermine the value of the property by later challenging the rights the seller conveyed in the first place. The federal government filed an amicus brief urging the court to take the middle ground.

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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

Andrus further argues that the Texas court’s decision conflicts with “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. The law defines an animal facility as any place that houses or breeds animals used for food production, agriculture, or research. The case is Young v.

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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

On this front, the court largely embraced the middle ground the government advanced in a friend-of-the-court brief. The government’s brief urged the court to preserve assignor estoppel but limit it “to its equitable core.” ” The court’s second example concerned a change in the law. Formica Insulation Co. ,

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

This week they’re replaced by three new relists, all involving government petitions in one way or another. Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings.

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

SCOTUSBlog

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. Issue : Whether the statute of limitations for a 42 U.S.C. New Relist.