Next Generation Bar Exam Quiz
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Talia relies on a 2005 state supreme court case holding that emotional distress damages are unavailable for breach of an employment contract. A 2023 state statute permits emotional distress damages when the breach involves discriminatory discharge, effective January 1, 2024. The citator report for the 2005 case shows no negative treatment and one post-2023 citing reference, a secondary source. The citator report for the 2023 statute lists ten 2024 cases interpreting the statute.
What should Talia do before advising a client on a 2025 discriminatory-discharge claim?
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