Government, Laws, Stare Decisis and Statute

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

Patently O

JULY 24, 2024

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).

Stare Decisis

Stare Decisis Administrative Law Construction Laws

Divided Supreme Court Strikes Down Chevron in Landmark Decision

Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

Stare Decisis

Stare Decisis Court Statute Construction

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

SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. a municipal entity.

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.” military veterans.

Statute

Statute Stare Decisis Government Contract

Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

SCOTUSBlog

APRIL 20, 2021

The doctrine stems from the common-law principle that one who sells property to another generally should not be able to undermine the value of the property by later challenging the rights the seller conveyed in the first place. The federal government filed an amicus brief urging the court to take the middle ground.

Stare Decisis

Stare Decisis Court Statute Government

Two death penalty cases and free speech at animal facilities

SCOTUSBlog

DECEMBER 10, 2021

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. The law defines an animal facility as any place that houses or breeds animals used for food production, agriculture, or research. The case is Young v.

Stare Decisis

Stare Decisis Court Court Rules Legal

Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

JULY 1, 2021

On this front, the court largely embraced the middle ground the government advanced in a friend-of-the-court brief. The government’s brief urged the court to preserve assignor estoppel but limit it “to its equitable core.” ” The court’s second example concerned a change in the law. Formica Insulation Co. ,

Stare Decisis

Stare Decisis Court Rules Court Manufacturing

A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

SCOTUSBlog

MARCH 30, 2022

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. Issue : Whether the statute of limitations for a 42 U.S.C. New Relist.

Stare Decisis

Stare Decisis Court Felony Statute

Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings.

Stare Decisis

Stare Decisis Administrative Law Statute Government

Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

APRIL 20, 2022

Two pending petitions raise the question of the constitutionality of state statutes providing that corporations are deemed to have consented to “general” personal jurisdiction by virtue of having registered to do business in a state. was filed by a plaintiff seeking to enforce a similar registration statute. Next up is Kelly v.

Statute

Statute Stare Decisis Court Manufacturing

Supreme Court likely to discard Chevron

SCOTUSBlog

JANUARY 17, 2024

Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. The court’s ruling could have ripple effects across the federal government, where agencies frequently use highly trained experts to interpret and implement federal laws.

Court

Court Statute Stare Decisis Small Business

The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Conflict of Laws

MARCH 10, 2021

GOVERNING LAW: The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to the principle of conflicts of any jurisdiction.”. The relevant portion of their agreement reads as follows: “ARTICLE 12. ARTICLE 13.

Court

Court Contract Stare Decisis Entertainment

Justices to consider international reach of U.S. trademark law

SCOTUSBlog

MARCH 20, 2023

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The question for the court is whether the law reaches infringing conduct outside the United States. It can first claim that the Congress intended to apply the law globally.

Stare Decisis

Stare Decisis Laws Statute Construction

Are timing limits on property owners’ claims jurisdictional?

SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. Court of Appeals for the 9th Circuit affirmed. New Relist.

Stare Decisis

Stare Decisis Statute Court Government

Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

SCOTUSBlog

JUNE 7, 2022

Thus, the court will revisit its nearly 40-year-old precedents holding that the Quiet Title Act’s statute of limitations is jurisdictional. The FCA gives the government a fair amount of ability to control the litigation. The Supreme Court’s sprint to the end of the term continues. United States.

Government

Government Stare Decisis Court Litigation

Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.

Stare Decisis

Stare Decisis Court Statute Government

Justices to hear evangelical Christian postal worker’s religious accommodation case

SCOTUSBlog

APRIL 17, 2023

Federal law bars employers from firing workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” Indeed, the Biden administration notes, the Supreme Court has not overturned any of its cases interpreting statutes in 16 years.

Stare Decisis

Stare Decisis Government Court Statute

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

SCOTUSBlog

JULY 7, 2022

8, a Texas law that bans nearly all abortions in the state. Although the law conflicted directly with Roe v. Casey , the court’s long-standing decisions holding that the Constitution protects the right to have an abortion before a fetus can survive outside the womb, the court nonetheless allowed the law to go into effect on Sept.

Laws

Laws Stare Decisis Court Statute

Back to the Bullpen: Minor League Teams Settle with MLB Over Latest Challenge to Baseball’s Historic Antitrust Exemption

Fordham Law News

JANUARY 5, 2024

When it comes to antitrust laws and their impact on American sports leagues, baseball is in a verifiable league of its own. 9] In fact, many sports leagues benefit from this exemption when it comes to the rules that govern their relationship with the players. [10] Filburn , Federal Baseball was later upheld by Toolson v.

Sports

Sports Stare Decisis Laws Court

We read all the amicus briefs in Dobbs so you don’t have to

SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Against stare decisis. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. Legislative authority.

Stare Decisis

Stare Decisis Court Laws Legal

Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

SCOTUSBlog

NOVEMBER 29, 2021

Twenty-one states have laws in place that would ban all or nearly all abortions if Roe and Casey fell. In the Texas cases, the justices will decide whether abortion providers or the federal government can sue to block the law’s unusual private-enforcement structure. The Mississippi law and the court’s abortion precedents.

Stare Decisis

Stare Decisis Court Laws Statute

Paralegal Brief

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

Divided Supreme Court Strikes Down Chevron in Landmark Decision

Trending Sources

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

Court to decide whether an inventor may challenge the validity of the patent on the inventor’s own invention

Two death penalty cases and free speech at animal facilities

Justices uphold a narrow version of patent assignor estoppel

A second look at a death-row prisoner’s ineffective-assistance-of-counsel claim

Challenges to administrative action and retroactive relief for prisoners

Animal rights and the First Amendment, due process and a confession of error

Supreme Court likely to discard Chevron

The Nigerian Court of Appeal declines to enforce a Commonwealth of Virginia (in USA) Choice of Court Agreement

Justices to consider international reach of U.S. trademark law

Are timing limits on property owners’ claims jurisdictional?

Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case

Supreme Court to hear major case on power of federal agencies

Justices to hear evangelical Christian postal worker’s religious accommodation case

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

Back to the Bullpen: Minor League Teams Settle with MLB Over Latest Challenge to Baseball’s Historic Antitrust Exemption

We read all the amicus briefs in Dobbs so you don’t have to

Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades

Stay Connected