· 9/8/1994
Murthy v. Sinha Corp.
Citations
- 644 So. 2d 983
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that regulatory statutes governing construction industry did not create private cause of action in the absence of evidence in text or legislative history of intent to create private cause of action
- observing that legislative intent, as discerned from “language of the statute or the statutory structure,” is a prerequisite to implying a private remedy
- observing that a statute that does not purport to establish civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing civil liability
- stating that, in general, a statute that does not purport to establish civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing a civil liability
- finding no -7- cause of action in a statute that was “created merely to secure the safety and welfare of the public by regulating the construction industry”
- declining to judicially create a civil cause of action based on a statute where the legislature had expressed no clear intent to create such a cause of action
Source: CourtListener parenthetical corpus (CC0).
Judges: McDonald
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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