When Does a Statute Create a Private Right of Action?


The lesson of Quintano is that before a private civil liability remedy will be recognized for injuries resulting from a breach of obligations legislatively imposed on a governmental entity and unknown at common law, a clear expression of legislative intent must be found. See Bittle v. Brunetti, 750 P.2d 49, 57 58 (1988) (discussing Quintano). [...]

March 6th, 2009 by admin 
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