JURIST
APRIL 28, 2022
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.
SCOTUSBlog
NOVEMBER 29, 2021
The ACA (in Section 1557) bars federally funded health care programs from discriminating in violation of certain civil rights statutes, including the Rehabilitation Act. The same is true, in effect, of other antidiscrimination statutes, such as Title IX. In the 2002 case Barnes v.
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ClimateChange-ClimateLaw
OCTOBER 20, 2020
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.
ClimateChange-ClimateLaw
NOVEMBER 16, 2020
The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw.
ClimateChange-ClimateLaw
FEBRUARY 10, 2021
The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.
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