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SCOTUS bars emotional distress damages under the Affordable Care Act

JURIST

This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. To be eligible for these reimbursements, providers must comply with federal anti-discrimination laws. Plaintiff Jane Cummings is legally blind and was born deaf.

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Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. In Thursday’s ruling in Cummings v.

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Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute. That “boils down to what Congress intended, as divined from text and context.”

Statute 101
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Justices mull availability of emotional distress damages in anti-discrimination cases

SCOTUSBlog

Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Cummings’ lawyer, Andrew Rozynski, and Colleen Sinzdak, arguing for the U.S.

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How to Improve Legal Writing Skills: Strategies, Examples & Best Practices

Legal Writing Launch

Citing Authorities Backing your arguments with citations from relevant statutes, case law, and legal texts strengthens your position. For instance, when writing for a judge, maintain formal language and focus on legal precedents and statutes. This includes referencing statutes and case law. Baxendale , 156 Eng.

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Prefiling Offer by Business Partner Dooms Patent

Patently O

On appeal, however, the Federal Circuit has reversed–holding that the Eddings letter constituted a “commercial offer for sale of the claimed design” and therefore created a bar to patentability under the statute. Remember the contract foundational trio: Offer, Acceptance, Consideration.

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The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. John Kerry, then U.S.

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