Implied private right of action

Definition

A right to sue that is not explicitly stated in a statute but is inferred by courts from the statute's language, structure, and purpose. Modern Supreme Court doctrine requires strong textual evidence that Congress intended to create such a right.

Examples

• •The central question in this case is whether Section 47(b) of the ICA implies a private right of action for rescission even though the statute does not explicitly say 'a party may bring suit.'

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