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Specific Performance of Contract : Enforcing Contractual Rights

LexForti

In this post, understand how Specific Performance of Contract can protect your contractual rights in India. This comprehensive guide unravels the complexities of Specific Performance and its role in the enforcement of contracts. Is there a way to enforce the original terms of the contract? ’ What is Specific Performance?

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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

1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987. FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds.

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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. emphasis added).

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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

And that will be [a defense] to the cause of action. In both cases we may have situations whether the creditor/co-owner has not exercised their right to assign/sue, but the law treats the two differently. Notably, the law generally requires all co-owners of a patent to join as plaintiffs in order to sue for infringement.

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

Conflict of Laws

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. P Mansel/K.