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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

Congress attached no modifiers to “and laws,” erasing any doubt that any federal law can secure a right for Section 1983 purposes. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. HHC argued that spending clause enactments are unique.

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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. Two questions seemed especially pressing to the justices.

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Turnkey Contracts and Substituted Performance

LexForti

Summary: This article highlights the challenges of invoking the remedy of ‘substituted performance’ in case of breach of turnkey contracts, and suggests potential solutions for the same. The Author Niharika Mukherjee is associated to the National Law School of India University (NLSIU) Bangalore. Turnkey Contracts.

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

Legal Writing Launch

Whether you are drafting an ironclad contract or a persuasive brief, mastering legal writing can set you apart in your practice. Citing Authorities Backing your arguments with citations from relevant statutes, case law, and legal texts strengthens your position. This includes referencing statutes and case law.

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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.