right of action


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right of action,

n the right to sue; a legal right to maintain an action, based on a happening or state of fact.
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plaintiff has a right of action for the violation of a federal statute
Sosa was a rare instance in which the contemporary Court recognized a new implied private right of action (or, more precisely, endorsed an old one), and KiobeTs limitation of that right's extraterritorial effect reflected the Court's more general discomfort with federal-common-law remedies.
In rejecting the state law claims pled in Miller, the Eleventh Circuit held that there was no private right of action under HAMP.
The regulation mentioned in the above, namely article 2503 of the New Civil Code states the fact that once the right of action related to a main right is extinguished, the right of action regarding subsidiary rights is also extinguished.
86) If Congress had enacted an express private right of action in [section] 10(b), the majority reasoned, that right would be similar to other express private rights of action in the Acts; thus, interpretive guidance with respect to [section] 10(b) is obtainable by analyzing other express rights enumerated in the Acts.
private right of action when specifically permitted to do so by state
Significantly; the GAO identified "secondary actors" who would most likely be the targets of a private right of action for aiding and abetting, including accountants, attorneys, investment banks, credit rating agencies and securities analysts.
Interpreting the private right of action as a means to exercise moral enforcement rights suggests that core private law doctrines converge with conventional moral principles.
Connecticut SB-763 Would create a private right of action for both first-party insureds and third-party claimants under the Connecticut Unfair Insurance Practices Act; would eliminate the requirement to show that violations of the act were committed "with such frequency as to indicate a general business practice"; would allow for recovery of not only actual but also punitive damages.
Other states appear to have provided by appellate decisions that no private right of action exists.
Rather than a private right of action, it speaks of "enhanced enforcement options" for parents and "other concerned parties.
First Unum argued that the state legislature's failure to amend ITPA to allow a private right of action indicated that it would not want to allow a RICO suit under these circumstances.