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SCOTUS bars emotional distress damages under the Affordable Care Act

JURIST

The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act. This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes.

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Court to consider emotional distress damages under anti-discrimination laws

SCOTUSBlog

which the Supreme Court will hear on Tuesday, is about the types of remedies that plaintiffs may recover when they prove violations of certain federal anti-discrimination laws — in particular, whether such plaintiffs may recover damages for emotional distress. The district court dismissed Cummings’ case, and the U.S.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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February 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants. On January 19, 2021, the D.C. Third, the D.C. American Lung Association v.