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60-5201. Citation and construction of act. (a) This section shall be known as the transparency in lawsuits protection act and shall be part of and supplemental to the Kansas code of civil procedure.

(b) It is the intent of the legislature that no statute, rule, regulation or other enactment of the state shall create a private right of action unless such right is expressly stated therein.

(c) Any legislation enacted in this state creating a private right of action shall contain express language providing for such a right. Courts of this state shall not construe a statute to imply a private right of action in the absence of such express language.

(d) Nothing in this act shall be construed to prevent the breach of any duty imposed by law from being used as the basis for a cause of action under any theory of recovery otherwise recognized by law, including, but not limited to, theories of recovery under the law of torts or contract.

History: L. 2012, ch. 128, ยง 1; July 1.

CASE ANNOTATIONS

1. The transparency in lawsuits protection act does not apply to common-law retaliation actions because tort arises based on public policy exception to at-will employment and not based on language in a specific act. Hill v. State, 53 K.A.2d 155, 181, 388 P.3d 122 (2016).


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