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. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.
JURIST
APRIL 28, 2022
This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. Cummings then filed a lawsuit against Premier for discrimination on the basis of her disability, alleging that the company violated federal anti-discrimination laws when refusing to provide her with an interpreter.
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SCOTUSBlog
APRIL 28, 2022
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.
ClimateChange-ClimateLaw
MAY 8, 2024
Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. John Kerry, then U.S.
SCOTUSBlog
DECEMBER 2, 2021
Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Cummings’ lawyer, Andrew Rozynski, and Colleen Sinzdak, arguing for the U.S.
Patently O
FEBRUARY 10, 2022
On appeal, however, the Federal Circuit has reversed–holding that the Eddings letter constituted a “commercial offer for sale of the claimed design” and therefore created a bar to patentability under the statute. Remember the contract foundational trio: Offer, Acceptance, Consideration.
Conflict of Laws
JULY 26, 2021
5] They discerned this policy from various statutory provisions in Australia’s competition law as well as other public policy considerations. [6] 12] This includes the situation ‘where the party commencing proceedings in the face of an exclusive jurisdiction clause seeks to take advantage of what is or may be a mandatory law of the forum’. [13]
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