Remove 2024 Remove Court Remove Stare Decisis
article thumbnail

Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patently O

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. no standing requirement).

article thumbnail

Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Under Chevron’s two-step analysis, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.”

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Conflict of Laws and Diversity of Opinions—A View of The Nigerian Jurisdiction

Conflict of Laws

©Author 2024. The Supreme Court of Nigeria and the Judicature The Nigerian Supreme Court is necessary for the legal system’s stability, coherence, and sustainable evolution. [2] This means that the Court of Appeal intervenes in many respects , and often, these matters do not go beyond the Court of Appeal.

article thumbnail

A few initial thoughts on Loper and the end of Chevron Deference

Patently O

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. Importantly, the Supreme Court in Cuozzo Speed Techs.

article thumbnail

Zimmer v. Insall: The Power of Arbitration Agreements in Patent Royalty Disputes

Patently O

July 12, 2024), the Seventh Circuit affirmed an arbitration award requiring Zimmer to continue paying royalties to the estate of Dr. John Insall even after the expiration of the underlying patents. The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis.

article thumbnail

Destroying the Court to Save it: Warren Calls For Packing the Supreme Court With a Liberal Majority

JonathanTurley

Warren’s final measure of devotion to politics came in her Boston Globe op-ed where she called for the Supreme Court to be packed with a liberal majority. She justified her call by denouncing the court for voting wrongly on decisions and, perish the thought, against “widely held public opinion.” or else.Sen. Jeanne Shaheen, D-N.H.,

Court 59
article thumbnail

Georgia appeals court removes Fulton County DA from Trump prosecution

JURIST

The Georiga Court of Appeals removed Fulton County District Attorney Fani Willis from the election interference case against President-elect Donald Trump and 18 others over Willis’s previously undisclosed relationship with special prosecutor Nathan Wade. However, appeals court Judge Benjamin A.