Wednesday, January 19, 2011

SCOTUS Oral Argument in Astra USA v. Santa Clara County

We covered earlier the Supreme Court’s grant of certiorari in Astra USA, Inc. v. Santa Clara County (09-1273), which presents the question:

Whether, in the absence of a private right of action to enforce a statute, federal courts have the federal common law authority to confer a private right of action simply because the statutory requirement sought to be enforced is embodied in a contract.

The Court hears oral argument today. Check back for links to the oral argument transcript when it’s available.

Professor Linda Mullenix (Texas) has a preview of the case here.


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