Is there a bad faith exception to the doctrine of private action?
MultiRegion, United States of America
The following excerpt is from Desiderio v. Nat'l Ass'n Sec. Dealers, 191 F.3d 198 (2nd Cir. 1998):
Plaintiff acknowledges that generally no private right of action exists, but maintains that the rule has a bad faith exception. Whether plaintiff properly raised this bad faith argument to the district court is subject to some doubt, but in any event we exercise our discretion to entertain it. See Greene v. United States, 13 F.3d 577, 586 (2d Cir. 1994) (appellate court has some discretion to address arguments not raised in district court).
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