JURIST

JUNE 28, 2024

The US Supreme Court ruled on Friday that courts must exercise independent judgment in assessing an agency’s statutory authority. This overruled the deference afforded to an agency’s interpretation of its mandate from Chevron U.S.A. Natural Resources Defense Council. The case of Loper Bright Enterprises v.

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Stare Decisis Court Court Rules Litigating 223

SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Formica Insulation Co. ,

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Stare Decisis Court Rules Court Manufacturing 103

SCOTUSBlog

MARCH 30, 2022

The Supreme Court instructed the Texas Court of Criminal Appeals to consider whether counsel’s inadequate performance had prejudiced Andrus – that is, whether but for counsel’s deficient performance, the mitigating evidence might have prompted at least one juror to opt for a sentence of life without parole rather than the death penalty.

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Stare Decisis Court Felony Statute 96

SCOTUSBlog

APRIL 20, 2022

Instead, the Georgia Supreme Court upheld “general jurisdiction” over Cooper on the ground that Cooper, by registering as a foreign corporation in Georgia, had consented to suit in Georgia as a condition of doing business in the state. The petition in Cooper was filed by the defendant in a lawsuit resisting personal jurisdiction.

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Statute Stare Decisis Court Manufacturing 104

SCOTUSBlog

NOVEMBER 29, 2021

Mississippi acknowledges that it must overcome the principle of “stare decisis” – the idea that courts should normally follow their prior precedent. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.” Stare decisis and the Kavanaugh test.

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Stare Decisis Court Laws Statute 145

SCOTUSBlog

JANUARY 26, 2022

Jackson Women’s Health Organization , Breyer (along with Justices Sonia Sotomayor and Elena Kagan, both appointed by President Barack Obama) emphasized the importance of stare decisis, the idea that courts should not overrule their earlier cases except in narrow and extraordinary circumstances.

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Court Stare Decisis Laws Legal 107