Also known as: violations of statute · statutory violation · statutory violations · breach of statute
Written by attorneys · grounded in primary & secondary sources — see below
A breach of a legislative enactment that, standing alone, fails to establish the concrete and particularized injury in fact required for Article III standing.
Vaughn Valentine sued a data processor after discovering that his account information was shared without the disclosure required by a federal privacy statute. He alleged no fraudulent charges, identity theft, or other tangible harm. The court dismissed the claim because the bare violation of the statute did not establish the concrete and particularized injury required for Article III standing.
Victoria Vernon, a therapist, learned that her patient planned to harm Valerie Viera but did not warn the intended victim. The patient later attacked Viera. Viera sued Vernon for negligence, relying on the violation of a state statute requiring disclosure of serious threats to establish breach of duty.
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Vanessa Vega, a white applicant, was denied admission to a state medical school under a special admissions program that reserved spots for minority applicants. She sued, alleging that the program's violation of the Equal Protection Clause and Title VI established the necessary breach for her claim of unlawful discrimination.
Valerie Voss, a property owner, sued a federal contractor in state court over a tax lien arising from a federal statute. The contractor removed the case to federal court, arguing that the claim necessarily raised a substantial federal issue because resolution depended on whether the contractor had violated the federal statute governing the lien.
Veronica Villanueva challenged her state's congressional district map, alleging that the legislature had drawn the lines predominantly on the basis of race. She introduced evidence that the irregular boundaries could not be explained by traditional districting principles and therefore constituted an unconstitutional violation supporting her equal-protection claim.
Valdez Steel hired a portable toilet company that used the name and likeness of a famous entertainer without permission in its advertising. The entertainer sued for violation of his right of publicity. The court held that the unauthorized commercial use constituted a statutory violation supporting the entertainer's claim for damages.
No. A statutory violation establishes negligence per se only when the plaintiff belongs to the class the statute was designed to protect and the harm is of the type the statute sought to prevent. Otherwise the violation may be relevant evidence of negligence but does not automatically satisfy the breach element.
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No. A plaintiff must show a concrete and particularized injury in fact. Alleging only that a defendant violated a statute, without any actual or threatened harm, is insufficient to satisfy the injury requirement.
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A statutory violation creates a concrete injury when it creates a real risk of harm or when Congress has elevated a concrete de facto injury to the status of a legally cognizable injury. A purely procedural violation divorced from any actual or threatened harm is insufficient.
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…or involuntary recipients of services shall be confidential." (Italics added.) Further, a patient may enjoin disclosure in violation of statute and may recover the greater of $500 or three times the amount of actual damage for unlawful disclosure. (§ 5330.) However, recognizing that some private and public interests must override…