Tennessee Code Annotated
Tenn. Code Ann. § 1-3-119 (2024)
Express language required to create or confer a private right of action
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) In order for legislation enacted by the general assembly to create or confer a private right of action, the legislation must contain express language creating or conferring the right.
- (b) In the absence of the express language required by subsection (a), no court of this state, licensing board or administrative agency shall construe or interpret a statute to impliedly create or confer a private right of action except as otherwise provided in this section.
- (c) Nothing in this section shall be construed in any way to impair the ability of a court to:
- (1) Recognize a private right of action that was recognized before July 1, 2012, by the courts of this state as arising under a statute, unless the statute is amended after July 1, 2012, to expressly bar the private right of action;
- (2) Create or confer a private right of action in the absence of a controlling statute on each cause of action contained in the complaint if such action is based on the common law;
- (3) Utilize the doctrine of negligence per se; or
- (4) Recognize a private right of action commenced by a state or local governmental entity to collect any fees owed for a governmental service or to recover such fees from a party that is obligated to bill and collect fees owed others for a governmental service.
- (d) Nothing in this section shall be construed in any way to impair the ability of a state or local regulatory or licensing agency to enforce rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, if such rules were duly enacted through the rulemaking authority granted to any such agency by statute.
Acts 2012, ch. 759, § 1.
Notes of Decisions
Cited in 12
cases (6 in the last 5 years), 2012–2026 · leading case: J.M. v. Tn Dept. Of Educ., 358 F. Supp. 3d 736 (M.D. Tenn. 2018).
J.M. v. Tn Dept. Of Educ., 358 F. Supp. 3d 736 (M.D. Tenn. 2018). “See Tenn. Code Ann. § 1-3-119 (a) ("In order for legislation enacted by the general assembly to create or confer a private right of action, the legislation must contain express language creating or conferring the right.”
Mickell Lowery v. Michael Redmond, No. W2021-00611-COA-R3-CV, 2022 WL 1618218 (Tenn. Ct. App. May 23, 2022). “When a statute does not expressly provide a private right of action, no private right of action can be implied, pursuant to Tennessee Code Annotated section 1-3-119,7 which states in pertinent part as follows: (a) In order for legislation enacted by the general assembly to…”
Kim Hardy v. Tournament Players Club at Southwind, Inc., 513 S.W.3d 427 (Tenn. 2017). “Tenn. Code Ann. § 1-3-119 (a) and (b) (2014).”
Darryl Williams v. Hendersonville Hosp. Corp., No. M2021-00077-COA-R3-CV (Tenn. Ct. App. Nov. 10, 2021). “A panel of this court upheld Section 1-3-119 and further found that Section 68-11-262 did not create a private right of action.”
Ashley Shearin Meade v. Paducah Nissan, LLC, No. M2021-00563-COA-R3-CV, 2022 WL 2069160 (Tenn. Ct. App. June 9, 2022). “Pursuant to Tennessee Code Annotated section 1-3-119, unless a private right of action was recognized prior to 2012, no statute confers a private right of action in the absence of express statutory language conferring such a right: 6 Subsection (b) is not relevant to this case.”
King v. Shoate, No. 1:20-cv-01145 (W.D. Tenn. June 26, 2023). “Tenn. Code Ann. § 1-3-119 . Pomeroy’s Motion for Summary Judgment on King’s § 39-16-502 claim is GRANTED.”
Michael Halliburton v. Tennessee Bd. of Parole, No. M2020-01657-COA-R3-CV (Tenn. Ct. App. Mar. 17, 2022). “appeal filed, a case featuring an as-applied challenge to the constitutionality of Tenn. Code Ann. § 1-3-119 , this Court discussed the Open Courts Clause of the Tennessee Constitution.”
Hubert Morrison v. City of Bolivar, No. W2011-01874-COA-R9-CV, 2012 WL 2151480 (Tenn. Ct. App. June 14, 2012). “759) to amend Tennessee Code Annotated, Title 1, Chapter 3, Part 1, effective July 1, 2012 (SB2140, HB 2809), to include Section 1-3-119, which will provide, in relevant part, as follows: (a) In order for legislation enacted by the general assembly to create or confer a private…”
Tennessee Firearms Ass'n v. Metro. Gov't of Nashville & Davidson Cnty., No. M2016-01782-COA-R3-CV (Tenn. Ct. App. June 15, 2017). “In West, inmates filed a declaratory 4 But see Tenn. Code Ann. § 1-3-119 (effective July 1, 2012, providing that no court shall interpret a statute as impliedly creating a private right of action except as otherwise provided in that section).”
Triumph Hosp., LLC v. Constr. Mgmt., LLC, No. 3:19-cv-00353, 2019 WL 3841942 (M.D. Tenn. Aug. 15, 2019). “) (rejecting an identical claim against CMI, recognizing that, under Tennessee law, “[i]n order for legislation enacted by the general assembly to create or confer a private right of action, the legislation must contain express language creating or conferring the right” (quoting…”
Kendra C. Smith v. Thistle Farms, No. 3:25-cv-01007 (M.D. Tenn. Apr. 16, 2026). “June 26, 2023) (citing Tenn. Code Ann. § 1-3-119 ). The Court has previously written the following regarding similar claims purportedly arising under the violation of criminal statutes: Initially, Plaintiff fails to state plausible legal claims based on her allegations that…”
Roane Cty. Emer. Commc'ns v. BellSouth, No. 16-5154 (6th Cir. Mar. 24, 2017). “T.C.A. § 1-3-119(c)(4) (enacted July 1, 2012).”
Tenn. Code Ann. § 1-3-119(a): 1 case
Darryl Williams v. Hendersonville Hosp. Corp., No. M2021-00077-COA-R3-CV (Tenn. Ct. App. Nov. 10, 2021). “A panel of this court upheld Section 1-3-119 and further found that Section 68-11-262 did not create a private right of action.”
Tenn. Code Ann. § 1-3-119(c)(4): 1 case
Roane Cty. Emer. Commc'ns v. BellSouth, No. 16-5154 (6th Cir. Mar. 24, 2017). “T.C.A. § 1-3-119(c)(4) (enacted July 1, 2012).”
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