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Professor Emeritus Douglas Whaley's 1992 article cited in US Supreme Court Opinion

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Whaley

An article written by Professor Emeritus Professor Whaley in 1992 was recently cited in U.S. Supreme Court Opinion, Cummings v. Premier Rehab Keller, P.L.L.C. (2022).

Whaley's article, "Paying for the Agony: The Recovery of Emotional Distress Damages in Contract Actions" suggests that the court "make emotional distress damages simply a question of whether they were foreseeable as consequential damages."

Chief Justice Roberts referred to Whaley's article twice in the decision, which was decided on April 28. The article has been mentioned in Whaley's Contracts casebook for decades, with the 9th edition set to be published in the fall of 2022. 

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