Private Right of Action

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Credit Risk Retention Final Rule: Enforcement and Compliance Considerations

Predicting enforcement of the final rule regarding U.S. risk retention is an uncertain task. This OnPoint is designed to provide guidance on possibilities related to consequences of non-compliance, enforcement approaches by...more

Standing Without Injury? Washington Legal Foundation Webinar Addresses “No-Injury” Class Actions

The Supreme Court is currently considering a petition for certiorari in Spokeo Inc. v. Robins (pdf), which raises the question whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm,...more

For companies, perils abound when soliciting information at point of sale

Of all of the numbers that are part of your daily personal life, which are important enough to keep private? Your Social Security number? Definitely. Your date of birth? Maybe — depending on how cautious (and how old)...more

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

No Private Right to Recoup Funds Based on Corporate Practice of Medicine Violation

The United States District Court for the Western District of Washington ruled recently that the state’s corporate practice of medicine doctrine does not provide a private right of action, either express or implied, and...more

HAMP and Section 75-1.1, Part 1

In a recent article, Matt Sawchak explained per se violations of section 75-1.1. When courts recognize a per se violation of section 75-1.1, they are saying that violating a separate source of law—a separate statute, a...more

Illinois Supreme Court to Weigh Private Right of Action for Failure to Accurately Calculate Presentence Time-Served Credits

During its September term, the Illinois Supreme Court agreed to decide a novel question presented by a case arising from the Fifth District: does a prisoner have an implied right of action against the circuit clerk and county...more

U.S. House Judiciary Committee Approves Legislation Creating Civil Cause of Action Under Federal Trade Secrets Protection Act

Federal trade secret legislation may be closer than you think. On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved H.R. 5233, the Trade Secrets Protection Act of 2014, with one...more

Anti-Kickback and Stark Law Violations Form Basis for Unfair Competition Claims

On June 16, 2014, a federal district court jury in Florida awarded $14.755 million to plaintiff Ameritox, Ltd., a Maryland-based clinical lab, for state law claims alleging tortious interference with business relationships...more

Congress Weighs New Weapon In Fight Against Business Data Theft

Theft of U.S. corporate trade secrets costs companies an estimated $160 billion to $480 billion annually. The Defend Trade Secrets Act, a bipartisan bill introduced by Senator Chris Coons (D-Del) and Senator Orin Hatch...more

New Bill Would Create a Private Right of Action for Targets of Trade Secret Misappropriation under Federal Law

Senators Chris Coons and Orrin Hatch introduced a new bill on April 29 that would amend the Economic Espionage Act of 1996 [1] (the "EEA") to create a Federal private right of action for victims of trade secret...more

Will Trade Secrets Finally Get Federal Civil Protection?

On April 29, 2014, Senators Christopher Coons (D-Del.) and Orrin Hatch (R-Utah), both members of the Senate Judiciary Committee, introduced the Defend Trade Secrets Act (S. 2267), a proposed amendment to the Economic...more

Minnesota Supreme Court Recognizes New Private Right Of Action Against Residential Mortgage Loan Servicers

On April 2, 2014, the Minnesota Supreme Court in Gretsch v. Vantium Capital, Inc. recognized a new private right of action against residential mortgage loan servicers who breach their servicer participation agreements with...more

New York High Court Shields Banks from Certain Direct Actions by Debtors

On November 21, 2013, the New York Court of Appeals, in response to a certified question from the U.S. Circuit Court of Appeals for the Second Circuit, ended the long-running debate over whether a separate, private plenary...more

Court Dismisses Shareholders’ Investment Company Act Claims Brought Against Advisers and Directors of Exchange-Traded Funds for...

A Tennessee federal court recently dismissed derivative claims brought under Sections 36(a), 36(b) and 47(b) of the Investment Company Act of 1940 (“ICA”) by shareholders in exchange-traded funds, against the funds’...more

Tenant Evicted Without Proper Notice After Bank Foreclosure Does Not Have a Private Right of Action to Bring a Lawsuit Under the...

In Logan v. U.S. Bank National Association (--- F.3d ----, C.A.9 (Cal.), July 16, 2013), the Ninth Circuit Court of Appeals considered whether a tenant evicted from a foreclosed property could bring a lawsuit against the...more

Supreme Court Update: A Claim of Unlawful Business Practice Brought Under California’s Unfair Competition Law May Be Based on...

In Rose v. Bank of America (--- P.3d ----, Cal., August 1, 2013), the California Supreme Court considered whether a consumer could bring an action for unlawful business practices under state law, for violations of federal...more

It’s Confirmed Again—Davis-Bacon Has No Private Right of Action

In Carrion v. Agfa Construction, Inc., the Second Circuit Court of Appeals recently reaffirmed its prior interpretation that there is no private right of action under the Davis-Bacon Act (DBA) to recover prevailing wage or...more

CA Supreme Court to Decide If Insurance Companies Can Be Sued under the Unfair Competition Law

On Wednesday, May 8, 2013, the California Supreme Court heard oral arguments on the state’s Court of Appeal decision in Zhang v. Superior Court (California Capital Insurance Company), 100 Cal.Rptr.3d 803 (2009) (previously...more

Second Circuit Revives Class Action Over Frozen Bank Accounts

On March 27, the U.S. Court of Appeals for the Second Circuit certified questions to New York’s highest court related to its review of a district court’s holding in two cases that New York’s Exempt Income Protection Act...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

A Roadmap for Audit Committees in Meeting the Challenges Posed by Enhanced Regulatory Scrutiny Under the Dodd-Frank Act

Audit committees must aid management in navigating an increasingly complex regulatory framework. Two recent developments arising from the passage and implementation of the Dodd-Frank Act have led to further challenges for...more

Arizona Supreme Court Follows Central Bank: No Implied Private Right Of Action For Aiding And Abetting Securities Fraud Under The...

Earlier today, in a case titled Sell v. Sewell, et al. (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona...more

And After All That Work!: The Dreaded U.S. Supreme Court “DIG”

Originally published in The Washington Legal Foundation’s The Legal Pulse, on January 31, 2013. In the last days of the 2011 Term, fresh off its decisions in the Patient Protection and Affordable Care Act cases, the...more

Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed

The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the...more

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