At the Lectern

JULY 6, 2023

In other words, there’s no legal exposure for employee family member virus exposure. The court also holds that California’s worker’s compensation statutes don’t bar the action.

Cause of Action 45

Cause of Action Tort Court Construction 45

SCOTUSBlog

APRIL 28, 2022

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.

Court Rules 98

Court Rules Court Contract Statute 98

SCOTUSBlog

JUNE 8, 2023

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.

Statute 98

Statute Court Contract Tort 98

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 87

Court Statute Cause of Action Contract 87

SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights.

Stare Decisis 86

Stare Decisis Statute Court Contract 86

Patently O

MARCH 21, 2021

There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. 1338(a) provides Federal district courts with “original jurisdiction of any civil action arising under any Act of Congress relating to patents.” An example is a breach of contract dispute between two parties from the same U.S.

Contract 99

Contract Statute Court Cause of Action 99

Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

Court 40

Court Statute Cause of Action Contract 40