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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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Specific Performance of Contract : Enforcing Contractual Rights

LexForti

Specific Performance is a unique legal concept in Indian Contract Law that allows you to enforce the exact terms of a contract. When a party breaches a contract, you’re not merely looking for financial compensation but the fulfillment of the original contract’s exact terms. Are There Exceptions?

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

The IP Law Blog

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. To govern certain disputes after the expiration of the Covenant Term, the MCA further stated: [T]he Parties agree that all Potential Actions arising under U.S.

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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

Specifically, the district court found that even though Main Street had not exercised its rights to license or assign the patent, the mere possibility that Zebra could obtain a license from Main Street deprived IT of its exclusionary rights in the patent, which are necessary for constitutional standing. Miracle Optics, Inc. , Mann Found.

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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. 1 Brussels I Regulation.