article thumbnail

Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

Further, the court has analogized spending clause legislation to a contract and has held that funding recipients are on notice that they are subject to those remedies traditionally available in suits for breach of contract. In Thursday’s ruling in Cummings v.

article thumbnail

Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. Justice Ketanji Brown Jackson wrote for a seven-justice majority.

Statute 101
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

Among its arguments for rehearing, Sarepta argues there was no “clearly and affirmatively expressed” waiver of its statutory right to file IPR petitions as would be required under applicable Delaware contract law. We await the decision as to whether the petition for rehearing will be granted.

article thumbnail

Specific Performance of Contract : Enforcing Contractual Rights

LexForti

Specific Performance is a unique legal concept in Indian Contract Law that allows you to enforce the exact terms of a contract. When a party breaches a contract, you’re not merely looking for financial compensation but the fulfillment of the original contract’s exact terms. So why does this matter?

article thumbnail

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

And even after the Supreme Court’s virtual elimination of federal common law causes of action claims under state or foreign law remain possible, though they may entail complex choice-of-law issues. Samtleben: Paraguay: Choice of Law in international contracts. Unlike the Principles, however, Law No.

article thumbnail

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Patently O

And that will be [a defense] to the cause of action. The distinction here appears to be technical in nature, driven by property and contract law. A secured creditor, such as Main Street in this case, obtains certain conditional rights that become actionable only upon the event of a default.

Court 56
article thumbnail

Second Issue of the Journal of Private International Law for 2024

Conflict of Laws

The article considers that the common law marriage might still serve a useful purpose in Australian private international law, and how it could better do so. Pitel, The statutory assertion of exclusive jurisdiction Statutes that create or codify causes of action sometimes contain jurisdiction provisions. Stephen G.

Laws 59