public rights (statute) substitute for private rights
-possibilities for relationship b/w public and private rights
-co-existing public and private remedies
-common law approach – borrow standard from law as standard of conduct (e.g., duty of care) or to imply additional duty
-staged interface – need public law ruling to bring claim
-primary jurisdiction doctrine – similar to exhaustion (Abilene Cotton)
-does not apply where issues to be decided by agency and court not inconsistent (See Nader v. Allegheny Airlines)
-could discuss Sprunt (ICC’s determination rates were discriminatory) on primary jurisdiction or exhaustion grounds
-public law supersedes and eliminates common law
-more likely the more comprehensive regulatory section is (unlikely to be able to pursue plane for design defect if certified as airworthy by FAA)