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Federal Circuit Gives Stare Decisis Effect to a Judgment of Claim Validity

Patently O

Stare decisis, Latin for “to stand by things decided,” is a legal principle that directs courts to adhere to previous judgments, i.e., precedent, when resolving a case with comparable facts. the Federal Circuit applied stare decisis to a prior validity ruling involving a different patent and a different accused infringer.

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

SCOTUSBlog

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. Issue : Whether the statute of limitations for a 42 U.S.C.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission. relisted after the April 29 conference).

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

SCOTUSBlog

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. Animal Legal Defense Fund.

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Another look at qualified immunity

SCOTUSBlog

Issue : Whether the statute of limitations for a 42 U.S.C. 1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. (relisted after the Jan. 25, March 4, March 18, March 25 and April 1 conferences). Goertz , 21-442.

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Supreme Court likely to discard Chevron

SCOTUSBlog

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The question in this challenge to the rule, he said should focus on what the best reading of the statute is. Share It has been nearly 40 years since the Supreme Court indicated in Chevron v.

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

Conflict of Laws

If that is so, as is indeed it is, how much less can parties by their private acts remove the jurisdiction properly and legally vested in our Courts ? 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. What is the solution?

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