This text of Utah § 78B-3-101.3 (Requirements for a private right of action -- Findings.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)The Legislature finds that:
(1)(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;
(1)(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;
(1)(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
(1)(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
Free access — add to your briefcase to read the full text and ask questions with AI
(1) The Legislature finds that:
(1)(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;
(1)(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;
(1)(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
(1)(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:
(1)(d)(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;
(1)(d)(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
(1)(d)(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:
(3)(a) the third party meets the traditional standing requirement for bringing the action;
(3)(b) the plaintiff has a substantial relationship with the third party;
(3)(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
(3)(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:
(4)(a) the member meets the traditional standing requirement for bringing a private right of action;
(4)(b) the member consents to the association bringing the action on the behalf of the member; and
(4)(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.