Breyer reviews contract law on emotional distress

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 30, 2022 10:57 AM

(This is part two of a two-part series. Part one was published Monday.)Justice Stephen Breyer was in the minority of the Supreme Court’s 6-3 decision in Cummings v. Premier Rehab Keller. But beyond the dissent about the scope of damages permitted in discrimination cases under the Rehabilitation Act and the Affordable Care Act, Breyer provides useful lessons about when recovery for emotional distress is permitted in breach of contract cases.Supreme Court precedent uses contract law as an analog when deciding what …

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