MH by and Through Callahan v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing motion to dismiss is properly sustained if the court can “conclude that no state of facts is conceivable under which plaintiffs might prove their right of recovery”
• recognizing motion to dismiss is properly sustained if the court can “conclude that no state of facts is conceivable under which plaintiffs might prove their right of recovery”
• requiring one when the legislature has elsewhere “explicitly addressed situations when civil liability attaches”
• where statute does not expressly authorize private suits, no cause of action absent legislative intent
• where statute does not expressly authorize private suits, no cause of action absent legislative intent
• “When a statute does not expressly authorize private suits it is a matter of legislative intent whether there is an implied cause of action.”

Source: CourtListener parenthetical corpus (CC0).