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

SCOTUSBlog

Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights. Stare decisis does not compel continued adherence to Section 1983 precedent, according to HHC. The district court dismissed the action, but the U.S.

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

SCOTUSBlog

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 105
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Conflict of Laws and Diversity of Opinions—A View of The Nigerian Jurisdiction

Conflict of Laws

This has immense significance regarding the security of contracts, enforcement of obligations, and overall predictability of solutions on these issues. 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]

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

Patently O

The Supreme Court directly revisited the rule in Kimble, but ultimately chose to uphold the rule based on stare decisis. 29 (1987), the court noted that it could not reconsider the merits of an award even if the arbitrators made factual or legal errors in interpreting a contract. Misco , 484 U.S. ” Quoting W.R.

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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.

Court 52
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A call for the wider study of Private International Law in Africa: A Review of Private International Law In Nigeria

Conflict of Laws

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.

Laws 52
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“Feelings run high”: Two hours of tense debate on an issue that divides the court and the country

SCOTUSBlog

All three legal teams have cut it a little close, and in a departure from normal custom, they do not greet each other or shake hands. He emphasizes the Casey court’s discussion of stare decisis, reading from the opinion and even giving the page numbers in the United States Reports. Casey did that,” she replies. “No,