Legislation creating a new private right of action
leads to more lawsuits, which are expensive to defend regardless of the outcome.
To defeat an ACAA claim, airlines have also claimed that there is no private right of action
under the statute.
Furthermore, the FDCA contains a 'no private right of action
clause', 21 U.S.C.
But Congress has not provided a federal private right of action
to aggrieved franchisees who believe they are the victims of disclosure violations.
2452 that would impose a bonding requirement on residential appraisers and give consumers a private right of action
The court concluded that the entitlement of the defendants to summary judgment was not affected by their alleged violation of New York law inasmuch as that regulation did not give rise to a private right of action
. Herrgesell v.
(31) Purposivism de-emphasizes the legislature's intent and instead seeks to understand the statute's broad purposes to determine whether implication of a private right of action
would further the statute's purpose.
The Ed Trust proposes that parents of children in Title I schools, those that have a disadvantaged population and are the main recipients of federal funds, be vested with a private right of action
"to enforce their rights under the law." The rights that the Trust names are of two kinds.
299 (1999).) The defense argued that unlike in Nevada, New Jersey insurance law neither allows a statutory private right of action
for nonpayment of benefits nor specifically makes punitive damages available in these cases.
2001) (The Vienna Convention provides for a private right of action
that is enforceable by individuals through 42 U.S.C.A.
The United States Supreme Court determined whether the plaintiff 's private right of action
, implied by Title IX, included claims of retaliation.
A.9514 GIANARIS Creates a private right of action
for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.