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Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

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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. He warned of lurking question in this area of law, which HHC failed to develop and are “for another day.”

Statute 101
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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.

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Specific Performance of Contract : Enforcing Contractual Rights

LexForti

Is there a way to enforce the original terms of the contract? The answer is ‘yes,’ and the solution lies in a powerful legal remedy known as ‘Specific Performance.’ Specific Performance is a unique legal concept in Indian Contract Law that allows you to enforce the exact terms of a contract.

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

Patently O

Lack of any exclusionary rights against the defendant means the plaintiff has not suffered a legal injury and therefore lacks constitutional standing to sue for infringement. 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.

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

Conflict of Laws

It gives information on newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Samtleben: Paraguay: Choice of Law in international contracts.

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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