ARCO POLYMERS, INC.
v.
LOCAL 8-74, AFFILIATED WITH THE OIL, CHEMICAL & ATOMIC WORKERS' INTERNATIONAL UNION

U.S. | 1982-10-04
No. 81-2137
459 U.S. 828 Supreme Court of the United States (1982) Positive Treatment
Cited by 37 cases

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  • …r decision plausible, its jurisdictional inquiry is at an end. See Fogel v. Chestnutt, 668 F. 2d 100, 109 (CA2 1981) (“The law of the case will be disregarded only when the court has ‘a clear conviction of error’ ”) (citation omitted), cert. denied, 459 U. S. 828 (1982). While adherence to the law of the case will not shield an incorrect jurisdictional decision should this Court choose to grant review, see supra, at 817-818, it will obviate the necessity for us to resolve every marginal jurisdictional disp…
  • Panduit Corp. v. ALL States Plastic Mfg. Co., Inc., 744 F.2d 1564 (Fed. Cir. 1984)
    …uestions relating to stare decisis and certainty in the law. See generally 1B Moore’s Federal Practice 110.402[1]. Since a district court is bound by the law of its circuit, see Hasbrouck v. Texaco, Inc., 663 F. 2d 930, 933 (9th Cir.), cert. denied, 459 U.S. 828, 103 S.Ct. 63, 74 L.Ed.2d 65 (1982), a district court exercising jurisdiction pursuant to 28 U.S.C. § 1338 is bound by the substantive patent law of this circuit. The requirement to obey the law of its circuit causes practitioners and district judge…
  • Piambino v. Bailey, 757 F.2d 1112 (11th Cir. 1985)
    …issues the appellate court did not address. Terrell v. Household Goods Carriers’ Bureau, 494 F. 2d 16, 19 (5th Cir.), cert. dismissed, 419 U.S. 987, 95 S.Ct. 246, 42 L.Ed.2d 260 (1974); Fogel v. Chestnutt, 668 F. 2d 100 (2d Cir.1981), cert. denied, 459 U.S. 828, 103 S.Ct. 65, 74 L.Ed.2d 66 (1982). With these legal principles in mind, we turn to the holdings we reach in this appeal. A. Sylva contends that our decision in Piambino I explicitly gave him intervenor status and that the district court, on re…

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