SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress. In Thursday’s ruling in Cummings v.

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Court Rules Court Contract Statute 98

SCOTUSBlog

JUNE 8, 2023

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. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.

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Statute Court Contract Tort 96

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. emphasis added).

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Contract Litigation Litigating Cause of Action 98

Conflict of Laws

MARCH 22, 2022

As a consequence of its application, all claims are governed by the same applicable law, thereby fostering the effectiveness of collective redress. Lehmann: Locating Financial Loss and Collective Actions in Case of Defective Investor Information: The CJEU’s Judgment in VEB v BP. Unlike the Principles, however, Law No.

Contract 8

Contract Tort Litigation Litigating 8