ealth and Hospital Corp. of Marion County, Indiana v. Talevski the State and Local Legal Center (SLLC) has asked the U.S. Supreme Court to hold that private parties can’t bring lawsuits for money damages under Spending Clause legislation unless the statute explicit states such suits are possible.
Continue readingSupreme Court to Decide Significant Spending Clause Case
In Health and Hospital Corp. of Marion County, Indiana v. Talevski the U.S. Supreme may decide two questions. First, it may review its holding that Spending Clause legislation allows private parties to bring lawsuits for money damages under 42 U.S.C. § 1983 (Section 1983). Assuming the Court doesn’t overturn this holding it will decide whether such claims may be brought under the Federal Nursing Home Amendments Act (FNHRA) transfer and medication rules.
Continue readingSCOTUS Holds Emotional Distress Damages Aren’t Available Under Various Spending Clause Anti-Discrimination Statutes
In Cummings v. Premier Rehab Keller the U.S. Supreme Court held 6-3 that emotional distress damages aren’t available if funding recipients violate four federal statutes adopted using Congress’s Spending Clause authority.
Continue readingSLLC Files SCOTUS Amicus Brief in Emotional Distress Damages Case
In Cummings v. Premier Rehab Keller the State and Local Legal Center (SLLC) filed a Supreme Court amicus brief arguing that emotional distress damages aren’t available under the Rehabilitation Act and the Affordable Care Act.
Continue readingSupreme Court to Decide whether Emotional Distress Damages are Available under Federal Antidiscrimination Statutes Applicable to States and Local Governments
In Cummings v. Premier Rehab Keller the Supreme Court will decide whether people who are discriminated against in violation of five federal statutes may sue for emotional distress damages.
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