Congress creates a federal right of action for private citizens in two ways. First, Congress can expressly grant this right in the statute's language. Second, Congress can implicitly create a right of action. In Cort v. Ash, the Supreme Court set forth a method of analyzing a statute to determine whether Congress implied a private right of action. This Note will address Furrer v. Brown, a recent decision highlighting the Eighth Circuit's confusion in the distinction between finding an implicit right of action and determining the available remedies for an existing right of action.

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