Conflict of Laws

JUNE 13, 2024

Cosmas Emeziem, JSD Cornell University, Drinan Fellow and Visiting Assistant Professor of Law, Boston College Law School, Newton, MA. PIL rules are used as a toolbox to assist litigants in resolving these problems that arise from complex litigations. ©Author 2024.

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JURIST

DECEMBER 6, 2022

Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. . Instead, it refers more broadly to any individual or body that possesses some part of the power to make laws within a state — what the Court referred to as the ‘legislative power.’” Arizona Independent Redistricting Commission (2015).

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Patently O

DECEMBER 11, 2022

Another important feature of collateral estoppel is that it applies to both issues of fact and law. Although some courts have disagreed on this point, precedent is only binding for questions of law. Uniloc has a litigation financing relationship with Fortress with the patents serving as collateral for the deal. Uniloc v. .”

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Patently O

JUNE 29, 2021

In my property law course, I spend a good bit of time walking through post-conveyance rights and obligations. These ideas of stare decisis and silent reenactment are part of a major ongoing debate within the Court over its role in changing its own prior precedent. = = = =. by Dennis Crouch. Minerva Surgical Inc. Hologic Inc.

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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. That’s all for this week. Until next time, stay safe ! New Relist. Texas , 21-6001.

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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. ” The court’s second example concerned a change in the law. Formica Insulation Co. ,

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SCOTUSBlog

APRIL 15, 2021

Smith , a 1990 decision holding that the free exercise clause does not provide a right to religious exemptions from general laws, or (2) sharply limit the impact of Smith by interpreting it as guaranteeing a “most favored nation” status for religious exemption claims. Chief Justice John Roberts dissented without explanation.

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SCOTUSBlog

MAY 11, 2022

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

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SCOTUSBlog

APRIL 12, 2022

Cogdill is the latest in a long line of petitions urging the Supreme Court to revisit its jurisprudence under the “qualified immunity” doctrine, which grants law enforcement officials immunity from civil suits for violating constitutional rights if those rights were not “clearly established” at the time they acted. Goertz , 21-442.

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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.”. Third, some Nigerian judges confuse choice of court with choice of law. ARTICLE 13.

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SCOTUSBlog

APRIL 20, 2022

The court ruled that the Supreme Court had not formally overruled earlier case law supporting the theory that registration supports general jurisdiction. The law defines an animal facility as any place that houses or breeds animals used for food production, agriculture, or research. By contrast, the petition in Mallory v.

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SCOTUSBlog

JANUARY 17, 2024

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 of Appeals for the 1st Circuit upheld the rule, finding it to be a reasonable interpretation of federal law. Paul Clement argues for Loper Bright Enterprises.

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Patently O

OCTOBER 4, 2021

Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Claim preclusion is powerful, in part, because it does not require the claim to be actually litigated (just be subject to the final judgment). Eldred , 206 U.S. 285 (1907). Eldred , 206 U.S. 285 (1907).

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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.

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SCOTUSBlog

JUNE 7, 2022

The FCA gives the government a fair amount of ability to control the litigation. Then the government can intervene if it wishes and take the lead in litigating the case; or it can decline to intervene and let the relator litigate the case.

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SCOTUSBlog

APRIL 27, 2022

They contend that overbroad application of the court’s older precedents essentially would “ federaliz[e] much medical-malpractice litigation ,” and say the court should use this case as an opportunity to clarify the proper tests for recognizing a private right of action. Cincinnati seeks review in City of Cincinnati, Ohio v.

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Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

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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.

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ClimateChange-ClimateLaw

DECEMBER 6, 2021

Since about the time these lawyers were born, the days were waning when the Constitution was only for men; we attended law school when, for the first time in history, female students began to equal the number of male students. It is an assault on our very lives and freedom. Wade to Plessy v. For anyone who listened, the Dobbs v.

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SCOTUSBlog

NOVEMBER 29, 2021

Twenty-one states have laws in place that would ban all or nearly all abortions if Roe and Casey fell. The Mississippi law and the court’s abortion precedents. The Mississippi law at the heart of the case is known as H.B. But here, the state insists, the “stare decisis case for overruling Roe and Casey is overwhelming.”

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SCOTUSBlog

JANUARY 26, 2022

Perhaps because of his straightforward style, Breyer was the author of three landmark decisions striking down state laws that sought to restrict access to abortion. Breyer stressed that because the Nebraska law did not have any exception to protect the health of the mother, it was unconstitutional.

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