JURIST

DECEMBER 6, 2022

In normal circumstances, the Court’s previous repudiations of the independent state legislature theory would counsel in favor of following the principle of stare decisi s, which suggests the Court should not overturn previous decisions except in extreme circumstances. Arizona Independent Redistricting Commission (2015).

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SCOTUSBlog

MARCH 30, 2022

Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions. That’s all for this week. Until next time, stay safe ! New Relist.

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SCOTUSBlog

APRIL 15, 2021

For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne. Prior to emerging as a focal point in the COVID litigation, the most-favored-nation theory of religious exemptions was the subject of three decades of debate among commentators and in the lower courts.

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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. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Formica Insulation Co. ,

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Patently O

DECEMBER 11, 2022

Uniloc has a litigation financing relationship with Fortress with the patents serving as collateral for the deal. The terms of the Fortress financing became important for the subsequent litigation. Actually Litigated : The issue was actually litigated in Apple. “[W]e have discretion to excuse any forfeiture.”

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Patently O

JUNE 29, 2021

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. = = = =. And so the employee’s transfer of rights cannot estop him from alleging a patent’s invalidity in later litigation. 513 (2016).

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SCOTUSBlog

APRIL 12, 2022

1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.

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Conflict of Laws

JUNE 13, 2024

PIL rules are used as a toolbox to assist litigants in resolving these problems that arise from complex litigations. 10] where Petitioner Unterweser agreed to tow respondent’s drilling rig from Louisiana to Italy, with a forum-selection clause stipulating that any disputes would be litigated in the High Court of Justice in London.

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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. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition.

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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 20, 2022

1983 claim seeking DNA testing of crime-scene evidence begins to run at the end of state-court litigation denying DNA testing, including any appeals (as the U.S. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.

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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.

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Conflict of Laws

MARCH 10, 2021

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. This Convention will work better in Nigerian courts if litigation is made attractive for international commercial actors, so they can designate Nigerian courts as the chosen forum.

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JonathanTurley

MAY 14, 2022

Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent. Thomas told an audience that “I always say that when someone uses stare decisis that means they’re out of arguments. That was one of the central arguments in favor of preserving Roe.

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SCOTUSBlog

JANUARY 17, 2024

Under the doctrine of stare decisis – the idea that courts should generally adhere to their prior cases – the court would need a “truly extraordinary justification” to overrule it, which the challengers do not have, she asserted. Litigants,” she said, “will come out of the woodwork.”

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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

Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis. The government counters that such judgments are routinely made in domestic litigation under the Lanham Act.

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Conflict of Laws

DECEMBER 17, 2020

11] While this undoubtedly represents the correct position of the law in principle, it is however of doubtful practical effect given the peculiarity of the diminishing line between rationes decidendi and obiter dicta under the Nigerian version of the doctrine of stare decisis as well the attitude of Nigerian courts to decisions of higher courts.

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ClimateChange-ClimateLaw

DECEMBER 6, 2021

For us, Supreme Court precedent, yes stare decisis, is loud and clear : Women, and the privacy and integrity of our bodies and our equal status under law, are written in the silent ink of the Constitution through the fifth and fourteenth amendments. The boat is sinking. What will our Justices do? United States.

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SCOTUSBlog

JANUARY 16, 2024

Loper Bright insists that the justices can overrule the Chevron doctrine without having to consider principles of stare decisis – the idea that a court should not overrule its earlier decisions unless there is a very good reason to do so.

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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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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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