Can damages be sought under a statute with an explicit private right of action where the statute does not specify the remedies available?
MultiRegion, United States of America
The following excerpt is from Tanvir v. FNU Tanzin, 894 F.3d 449 (2nd Cir. 2018):
Kendall v. United States ex rel. Stokes , in which it held that damages were available under a statute with an explicit private right of action where that statute failed to specify the remedies available. 37 U.S. (12 Pet). 524, 624, 9 L.Ed. 1181 (1838) (stating that to find otherwise would present "a monstrous absurdity in a well organized government, that there should be no remedy, although a clear and undeniable right should be shown to exist").
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