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05.17.2022
Client Advisories
Supreme Court Clarifies that Emotional Distress Damages Are Not Available Under the Rehabilitation Act and the Affordable Care Act
In a recent ruling with implications for recipients of federal funding, the Supreme Court of the United States held that emotional distress damages are unavailable in private actions to enforce either the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act. By extension of the Court’s reasoning, these damages would likely be unavailable under two other statutes authorized by Congress’ Spending Clause power: Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972.
02.03.2022
Articles
Delaware Court Latest to Point the Twitter Finger: Tweets Can Constitute Actionable Expressions of Fact
Delaware Court Latest to Point the Twitter Finger_ Tweets Can Constitute Actionable Expressions of Fact By: Amy Pearl, John C. Connell, and Peter L. Frattarelli, MLCR (January 2022)
12.08.2021
Client Advisories
New Jersey Court Limits Discoverability of Corporate Tax Returns
The New Jersey Appellate Division recently clarified that corporate tax returns are entitled to a presumption of confidentiality in the discovery process just like personal tax returns. But corporate tax returns may still be discoverable if the party seeking them establishes the heightened disclosure requirements. In considering this issue, courts will likely conduct an in-camera review of the returns to determine whether they contain relevant information and if so, whether partial disclosure with redactions is possible.