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.
Id.
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