| Venue: |
NY Ct. App.
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| Facts: |
School district fails to test young child for scoliosis. He gets it. |
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| Posture: |
Summary judgment for defendants at trial, affirmed at appeal. |
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| Issue: |
Can the plaintiff's claim that the education law was violated be a
cause of private action? |
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| Holding: |
No. Affirmed. |
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| Rule: |
A private cause of action would be inconsistent with the legislative
intent, basically. In order for a statute to create a private
cause of action, three prongs must be satisfied:
- The plaintiff must be a member of the class for whose
benefit the statute was enacted
- A private right of action would promote the legislative
purpose
- The creation of such a right would be consistent with the
legislative scheme
Here, we've got 1 and 2, but not 3, because another kind of
enforcement (commissioner can withold funding) is explicitly
defined. |
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| Reasoning: |
The statute has a built-in enforcement plan: administrative enforcement.
The legislature also intended to immunize the school districts
for harms arising out of this program. |
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| Dicta: |
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