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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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Two death penalty cases and free speech at animal facilities

SCOTUSBlog

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. 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.

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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

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2] 1] Kashamu v UBN Plc (2020) 15 NWLR (Pt.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

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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Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

To uphold Roe , the court likely will require more than the usual arguments of stare decisis , the doctrine that the court should generally stand by its precedents. The Biden administration returned to ask for an injunction from the same justices a few weeks later and for a ruling on the statute.

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Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

Both he and Justice Ruth Bader Ginsburg — who untimely passed early in the 2020-21 term — shared similar ideological perspectives, approaches to judicial review, and paths to the Supreme Court. Justice Stephen Breyer’s retirement from the Supreme Court at the end of this term will mark the end of an era. A close reading of Stenberg v.

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In a historic term, momentum to move the law often came from the five justices to the chief’s right

SCOTUSBlog

Six months after the arrival of Barrett in the fall of 2020, who had taken a relatively expansive view of the Second Amendment as a lower-court judge, the justices announced that they would review the New York law. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.

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