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Texas Two-Step Cannot Avoid Licensee Liability

Patently O

Plastronics Socket split into two companies: Plastronics Socket and Plastronics H-Pin under Texas “divisive merger” statute. (It is odd, but under Texas law, a division in this way is legally defined as a merger). Statute of Limitations : Plastronics also had a counterclaim. See Hooks v. 3d 52, 68 (Tex.

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US federal judge blocks enforcement of non-compete ban against real estate broker

JURIST

A US federal judge in Florida ruled on Thursday that the Federal Trade Commission’s (FTC) impending ban on non-compete clauses in employment contracts is likely unlawful and enjoined it. The judge concluded that the relevant statute here, Section 6(g) of the FTC Act, “falls short” of doing so.

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Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

Jane Cummings, who is deaf and legally blind, sued Premier Rehab (a Texas rehabilitation facility that receives federal funding) for discriminating based on disability in violation of the Rehabilitation Act and the Affordable Care Act. In Thursday’s ruling in Cummings v. Check back soon for in-depth analysis of the opinion.

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

SCOTUSBlog

Jane Cummings sued Texas-based Premier Rehab for discriminating based on her disability in violation of the Rehabilitation Act and the Affordable Care Act. Specifically, funding recipients are on notice that they are subject to the remedies traditionally available in suits for breach of contract. Premier Rehab Keller, P.L.L.C. ,

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Supreme Court Rejects ‘Emotional Harm’ Complaint in Discrimination Suit

The Crime Report

The Supreme Court has ruled that victims of discrimination, which is forbidden by four federal statutes, may not sue if the only harm was emotional distress, reports the New York Times. Breyer arguing in dissent that some sorts of contracts can give rise to suits for emotional harm.

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Court schedules February argument session

SCOTUSBlog

Share A pair of challenges to controversial social media laws in Texas and Florida and a dispute over whether to freeze the Environmental Protection Agency’s plan to reduce ozone levels across the United States headline the Supreme Court’s February 2024 argument calendar , which was released on Friday morning. Paxton and Moody v. Suski (Feb.

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Four petitions on the constitutionality of the Indian Child Welfare Act

SCOTUSBlog

In Texas v. Haaland , Texas has filed a petition asking the justices to review ICWA provisions that, in the state’s view, the 5th Circuit erroneously upheld. In Cherokee Nation v. Brackeen , the Cherokee Nation and three other tribes have filed a companion petition in defense of ICWA’s constitutionality. Finally, in Brackeen v.

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