· 4/18/2017
United States ex rel. Salters v. American Family Care, Inc.
Citations
- 262 F. Supp. 3d 1266
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “New Jersey courts [are] reluctant to infer a statutory private right of action”
- holding that despite a textual basis for identifying insurance agents as beneficiaries, they were “not members of the class for whose special benefit [the statute] was enacted” because the purpose of the statute was “to benefit New Jersey auto insureds, not insurance agents”
- explaining standard for determining whether a violation of a statute supports a private cause of action
- allowing state common-law breach of good faith and fair dealing claim even though claim rested on allegations of violation of the Fair Automobile Insurance Reform Act of 1990, chapter 17:33B-1 N.J. Statutes Annotated, and that act did not confer a private right of action
- “New Jersey courts have been reluctant to infer a statutory private right of action where the Legislature has not expressly provided for such an action.
- New Jersey courts have been reluctant to infer a statutory private right of action where the Legislature has not expressly provided for such an action.
Source: CourtListener parenthetical corpus (CC0).
Judges: Coogler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.