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 51

Stare Decisis Administrative Law Construction Laws 51

SCOTUSBlog

APRIL 20, 2022

Tyrance McCall, a Florida resident, filed suit in Georgia against Cooper Tire & Rubber Company, a Delaware corporation with its headquarters in Ohio, after a 2016 accident in Florida resulted from the alleged failure of a tire that Cooper manufactured in Arkansas. Court of Appeals for the 8th Circuit upholding a similar Iowa law.

Statute 106

Statute Stare Decisis Court Manufacturing 106

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.

Statute 88

Statute Stare Decisis Court Drafting 88