This week, the Ninth Circuit considers whether COVID-testing
providers have a private right of action for reimbursement and
considers a landlord's standing to challenge a COVID-related
eviction moratorium.
SALOOJAS, INC. v. AETNA HEALTH OF
CALIFORNIA, INC.
The Court holds that the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act") does not provide a private
right of action to enforce violations of the Act's
provider-reimbursement requirement.
The panel: Judges Wardlaw, Nguyen, and Koh,
with Judge Nguyen writing for the Court.
Key highlight: "Congress's use of
mandatory language alone is not enough to create an implied private
right of action.Rather, a statute must use rights-creating language
that places an unmistakable focus on the individuals protected
instead of the person regulated."(Quotation marks
omitted.)
