Monday, June 7, 2010

Georgia Forbids Implied Private Causes of Action

Last week, Georgia Governor Sonny Perdue signed into law the Transparency in Lawsuits Protection Act (S.B. 138).  The bill creates a new code section that provides "[n]o private right of action shall arise from any Act enacted after the effective date of this Code section unless such right is expressly provided therein."  While barring implied rights of action,  Part (b) of the Act preserves breach of a statutory duty as evidence of negligence. 

Ted Frank at Point of Law has more and links.

- SBS

http://lawprofessors.typepad.com/tortsprof/2010/06/georgia-forbids-implied-private-causes-of-action.html

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