SCOTUSBlog

JULY 1, 2021

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.” To resolve this dispute, the court sent the case back to the lower courts, which had not ruled on the issue.

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Stare Decisis Court Rules Court Manufacturing 104

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Returning Relists.

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Statute Stare Decisis Court Manufacturing 105

SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws.

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Court Statute Stare Decisis Small Business 145

Conflict of Laws

MARCH 10, 2021

GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”. Its argument, inter alia , was that by virtue of Article 12 and 13 of their agreement, the Nigerian court had no jurisdiction in this case.

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Court Contract Stare Decisis Entertainment 52

SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Court of Appeals for the 9th Circuit affirmed. New Relist.

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SCOTUSBlog

MARCH 20, 2023

The court asks if there is a “clear, affirmative indication” from the face of the statute that Congress intended the law to apply extraterritorially. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple. Has Congress directly spoken here?

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Stare Decisis Laws Statute Construction 85

SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. The FCA gives the government a fair amount of ability to control the litigation. The Supreme Court’s sprint to the end of the term continues. United States. United States and Ruan v.

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Government Stare Decisis Court Litigation 83

SCOTUSBlog

JANUARY 16, 2024

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable.

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Stare Decisis Court Statute Government 145

SCOTUSBlog

APRIL 17, 2023

Groff assures the court that it can overturn Hardison without worrying about stare decisis – the idea that courts should not overrule their prior cases unless there is a compelling reason to do so – because the Supreme Court in Hardison was not interpreting Title VII at all.

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Stare Decisis Government Court Statute 116

SCOTUSBlog

JULY 7, 2022

The court had ruled in 2008 that the Second Amendment protects the right to have a firearm in the home, and in 2010 it had affirmed that both states and the federal government must respect that right. Kurtzman to determine whether a government law or practice violates the establishment clause. In Kennedy v.

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Laws Stare Decisis Court Statute 102

Fordham Law News

JANUARY 5, 2024

9] In fact, many sports leagues benefit from this exemption when it comes to the rules that govern their relationship with the players. [10] 13] The Court defended the exemption largely on the grounds of stare decisis and congressional acquiescence, tasking Congress with changing the long-standing law if they felt the need. [14]

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Sports Stare Decisis Laws Court 52

SCOTUSBlog

NOVEMBER 30, 2021

Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Americans United for Life argues that “ Roe and Casey contradict the stare decisis values of consistency, dependability, and predictability and are entitled to minimal stare decisis respect.”

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SCOTUSBlog

NOVEMBER 29, 2021

In the Texas cases, the justices will decide whether abortion providers or the federal government can sue to block the law’s unusual private-enforcement structure. Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent.

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Stare Decisis Court Laws Statute 145