78B-3-101.3. Requirements for a private right of action -- Findings.

489 words·~2 min read·/ut/title-78b/chapter-3/78b-3-101-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)The Legislature finds that:

(a)the traditional standing requirement in a private right of action is important to ensure that a plaintiff has a personal stake in the outcome of the action;

(b)the traditional standing requirement respects and safeguards the core constitutional principles of separation of powers by limiting a court's authority to hear only a private right of action where the plaintiff has a personal stake in the outcome of the action;

(c)the traditional standing requirement protects the legal rights and interests of the person with the right to bring the private right of action; and

(d)allowing a plaintiff that does not meet the traditional standing requirement for a claim that asserts the constitutional rights of a third party in a private right of action:

(i)infringes on the constitutional and statutory rights of the third party to bring a private right of action on the third party's own behalf;

(ii)conflicts with statutory and procedural laws that recognize that a real party in interest is the proper party for bringing a private right of action; and

(iii)circumvents class action laws that protect a third party from having claims litigated on the third party's behalf without the third party's knowledge or consent.

(2)For a plaintiff to bring a private right of action in a court of this state, the plaintiff shall meet the traditional standing requirement in a private right of action.

(3)If a plaintiff brings a private right of action in a court of this state with a claim asserting the constitutional rights of a third party, the plaintiff shall establish that:

(a)the third party meets the traditional standing requirement for bringing the action;

(b)the plaintiff has a substantial relationship with the third party;

(c)there is no way for the third party to bring a private right of action to assert the third party's own constitutional rights; and

(d)the third party's constitutional rights would be weakened without the plaintiff bringing the action.

(4)If the plaintiff is an association bringing a private right of action on behalf of any member of the association, the plaintiff shall plead with particularity that:

(a)the member meets the traditional standing requirement for bringing a private right of action;

(b)the member consents to the association bringing the action on the behalf of the member; and

(c)the participation of the member is not necessary to the resolution of the action.

(5)Notwithstanding Subsection

(1)or (2), a plaintiff may bring a private right of action in a court of this state if the plaintiff is authorized by statute to bring the private right of action.

(6)A court shall dismiss a private right of action if the plaintiff cannot demonstrate that the plaintiff meets the requirements of this section.

Enacted by Chapter 454 , 2025 General Session