Chief Justice Roberts, Justice Breyer Disagree on Damages in Warring Views of Treatises
Chief Justice John Roberts Jr.'s view prevailed Thursday in the court's 6-3 ruling rejecting emotional distress damages under the Rehabilitation Act and the Affordable Care Act.
April 28, 2022 at 02:21 PM
4 minute read
DamagesThere were Farnsworth and Williston on contracts, McCormick and Sutherland on damages–treatises every law student is bound to encounter at some point. And although Chief Justice John Roberts Jr. and Justice Stephen Breyer agreed on how to analyze whether emotional distress damages are available under two major federal laws, they disagreed on the answer those treatises give.
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