Also known as: rights of action
Written by attorneys · grounded in primary & secondary sources — see below
A legal entitlement authorizing a person to commence a lawsuit to enforce a claim or obtain redress for an injury.
Rosa Ruiz's husband died after a defective machine caused fatal injuries at work. She sued the manufacturer under the state wrongful death statute. The court measured her recoverable damages solely by the wording and judicial interpretation of that statute rather than by any uniform tort rule.
Rhea Reynolds was subjected to an unlawful search by federal agents. She filed suit directly under the Fourth Amendment seeking damages. The court recognized her right of action even though no statute expressly authorized the remedy.
Select any source to read its text and confirm it supports the definition.
Robert Rivera alleged an antitrust conspiracy but provided only conclusory assertions of parallel conduct. The court dismissed the complaint because the allegations failed to state a plausible right of action under the governing pleading standard.
Renee Rogers purchased shares after a company made misleading statements about a merger. She sued under Rule 10b-5. The court required her to prove reliance to establish the causal link necessary for her right of action.
Raphael Rivera and other low-income residents challenged exclusionary zoning that limited affordable housing. The court held that a statutory right of action did not relieve them of the constitutional requirement to show particularized injury.
Riverstone Manufacturing sued under a federal statute that created a private right of action. The court applied state procedural rules governing class actions because those rules did not alter the substantive right of action itself.
A right of action is the legal authority to sue, while a cause of action consists of the facts that give rise to a claim. The distinction appears in dictionary definitions and in cases discussing when a plaintiff may proceed in court.
No. Courts require clear congressional intent before implying a private right of action from a federal statute. Mere existence of a duty is insufficient without that intent.
The statute itself creates the right of action. Damages are measured according to the wording and interpretation of that statute rather than by general tort principles.
Yes. A default by the transferee gives the transferor a direct right of action to compel performance or obtain a money judgment under suretyship or contract principles.
No. Congress may create a right of action, but the plaintiff must still demonstrate constitutional injury in fact that is traceable to the defendant.
…R. Keeton, & D. Owen, Prosser and Keeton on Law of Torts § 108 (5th ed. 1984), and argue that because the analogous express right of action includes a reliance requirement, see, e. g., § 18(a) of the 1934 Act, as amended, 15 U. S. C. § 78r(a), so too must an action implied under § 10(b). We agree that reliance is an element of…