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|
|Cited Cases:||671 N.W.2d 905|
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.