Does a violation of a federal statute in a medical malpractice case constitute a private cause of action?
MultiRegion, United States of America
The following excerpt is from Oliver v. Sealaska Corp., 192 F.3d 1220 (9th Cir. 1999):
[T]he fact that a federal statute has been violated and some person harmed does not automatically give rise to a private cause of action in favor of that person.' " Id. at 568 (quoting Cannon v. University of Chicago, 441 U.S. 677, 688 (1979)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Does a violation of a federal statute and injury to some person as a result of that violation give rise to a private cause of action? (MultiRegion, United States of America)
What is the federal cause of action and damages for constitutional violations by federal actors? (MultiRegion, United States of America)
What is the test for implying a private right of action for violation of a federal statute? (MultiRegion, United States of America)
Does a litigant who complains of a violation of a constitutional right have a cause of action directly under the United States Constitution? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Does medical malpractice constitute a constitutional violation? (MultiRegion, United States of America)
Is there a private right of action against police officers who, under color of state law, violate federal constitutional or statutory rights? (MultiRegion, United States of America)
