What is the test for implying a private right of action for violation of a federal statute?

MultiRegion, United States of America

The following excerpt is from Walls v. Wells Frago Bank, 276 F.3d 502 (9th Cir. 2002):

2. Cort v. Ash, 422 U.S. 66 (1975), identifying four factors to consider in deciding whether to imply a private right of action for violation of a federal statute:

2. Cort v. Ash, 422 U.S. 66 (1975), identifying four factors to consider in deciding whether to imply a private right of action for violation of a federal statute:

1. Whether the plaintiff is a member of a class for whose special benefit the statute was enacted;

2. Whether there is any explicit or implicit indication of congressional intent to create or deny a private remedy;

3. Whether a private remedy would be consistent with the underlying purpose of the legislative scheme;

4. Whether the cause of action is one traditionally relegated to state law. See id. at 78.

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