Six courts of appeal have ruled that a private right of action exists, while three have ruled such a right cannot be found in common law.

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In addition to these allegations which would support an SEC enforcement action or a private right of action for rescission, a plaintiff might opt to pursue damages.

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Rebuffed by EPA, EJ activists tried to bring disparate impact lawsuits directly against state regulators, but courts ultimately ruled that no private right of action existed in Title VI.

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