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California sues Tesla for discrimination and harassment of Black workers

JURIST

While supervisors were active participants or witnesses to such instances, Tesla avoided responsibility for complaints from contract staff since they were not direct employees. It also includes causes of action for the failure to prevent discrimination under the FEHA and for unequal pay under the Labor Code.

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Implied Contracts with the Government over Counterfeit Coins

Patently O

United States does focus on counterfeiting coins as well as implied contracts with the Federal Government. The Portland Mint then sued the government in the Court of Federal Claims, arguing it was entitled to payment for the genuine portion of the coins under the terms of the regulation and an implied contract.

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No cause of action against employers for take-home COVID

At the Lectern

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

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Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress. In Thursday’s ruling in Cummings v.

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Akin Gump Loses Bid To Dismiss Legal Tech Company’s Counterclaims In Suit Over Ownership Of Bill-Drafting Software

LawSites

Akin Gump filed a motion asking the court to dismiss Xcential’s counterclaims, arguing that they were barred by the Noerr-Pennington doctrine, a judicially-created doctrine that grants immunity from antitrust laws for legitimate petitioning conduct directed at any branch of government. In a ruling issued Feb.

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Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. One such issue is limitation.

Laws 98
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Be Careful Not to Unintentionally Bargain Away the Right to File IPRs

The IP Law Blog

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. Patent and Trademark Office ….