[DOWNLOAD] "Joseph R. Hurley v. Allied Chemical" by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Joseph R. Hurley v. Allied Chemical
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 05, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The following is the appropriate test to determine when a State statute gives rise by implication to a private cause of action: (1) the plaintiff must be a member of the class for whose benefit the statute was enacted; (2) consideration must be given to legislative intent, express or implied, to determine whether a private cause of action was intended; (3) an analysis must be made of whether a private cause of action is consistent with the underlying purposes of the legislative scheme; and (4) such private cause of action must not intrude into an area delegated exclusively to the federal government.