Legal Memorandum: Implied Private Cause of Action in MN

Issue: What are the factors used to determine whether a private cause of action is implied in a statute?

Area of Law: Litigation & Procedure
Keywords: Private cause of action; Private remedy
Jurisdiction: Minnesota
Cited Cases: 671 N.W.2d 905
Cited Statutes: None
Date: 10/01/2012

Alliance for Metro. Stability v. Metro Council, 671 N.W.2d 905, 916 (Minn. Ct. App. 2003), describes the applicable factors as follows:

In determining whether a private cause of action is implied, we consider three factors: (1) whether the appellants belong to a special class of persons for whose benefit the statute was enacted, (2) whether the legislature indicated an intent to create or deny a private remedy, and (3) whether inferring a private remedy would be consistent with the underlying purpose of the legislation.



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