Administrative Law, Contract and Stare Decisis

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

SCOTUSBlog

NOVEMBER 7, 2022

A state administrative law judge found one late-2016 transfer to have violated FNHRA and ordered Talevski returned to VCR; the family chose to move him to a different facility. Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC.

Stare Decisis

Stare Decisis Statute Court Contract

Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

APRIL 18, 2022

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.”

Statute

Statute Stare Decisis Government Contract

Paralegal Brief

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

Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

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