LexForti
OCTOBER 27, 2022
Summary: This article highlights the challenges of invoking the remedy of ‘substituted performance’ in case of breach of turnkey contracts, and suggests potential solutions for the same. The Author Niharika Mukherjee is associated to the National Law School of India University (NLSIU) Bangalore. Turnkey Contracts.
JURIST
APRIL 28, 2022
This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. To be eligible for these reimbursements, providers must comply with federal anti-discrimination laws. Plaintiff Jane Cummings is legally blind and was born deaf.
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SCOTUSBlog
APRIL 28, 2022
The Supreme Court has previously held that private plaintiffs may secure a particular judicial remedy for the violation of spending clause statutes only if the defendant that received federal funds is on notice that it exposes itself to that remedy by accepting the funds. In Thursday’s ruling in Cummings v.
SCOTUSBlog
JUNE 8, 2023
Congress attached no modifiers to “and laws,” erasing any doubt that any federal law can secure a right for Section 1983 purposes. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. HHC argued that spending clause enactments are unique.
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. Two questions seemed especially pressing to the justices.
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.
ClimateChange-ClimateLaw
MAY 8, 2024
And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. John Kerry, then U.S.
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