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5 Louisiana opinions name it 2 courts 1951–2000 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Will v. Michigan Department of State Policegreen2 sentences2000However, in Will, supra, 109 S.Ct. at 2312 , the Supreme Court also stated: “The Eleventh Amendment bars such suits unless the State has waived its immunity.” Id., 109 S.Ct. at 2309-2310 [Emphasis added]. 2000However, in Will, supra, 109 S.Ct. at 2312 , the Supreme Court also stated: “The Eleventh Amendment bars such suits unless the State has waived its immunity.” Id., 109 S.Ct. at 2309-2310 [Emphasis added]. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rosier v. State
green
2 sentences1955App., 50 So.2d 31 , that when the state has waived its immunity from suit, the Department of Highways must respond in damages where its employees have failed in their duty to provide and maintain warning signs and barricades sufficient to warn the public of a situation calculated to cause death to the occupants of a vehicle who proceed unwarned into the danger which the responsible highway employees know to be in existence." In Rosier v. State, supra, which was an action for damages brought by the three surviving children for the death of their father and mother and three other minor children 1951App., 50 So.2d 31 , that when the state has waived its immunity from suit, the Department of Highways must respond in damages where its employees have failed in their duty to provide and maintain warning signs and barricades sufficient to warn the public of a situation calculated to *165 cause death to the occupants of a vehicle who proceed unwarned into the danger which the responsible highway employees know to be in existence. | 2 | 1951–1955 |
Weinstein, Bronfin & Heller v. LeBlanc
green
2 sentences1973Ann. 498 (1881), the doctrine is reviewed *28 in detail with copious authority cited to support this statement: "When the judiciary department of the government was instituted to expound the law and to distribute justice among individuals, the State was not subjected to its authority." As recently as 1966 a unanimous Court in Weinstein, Bronfin & Heller v. LeBlanc, 249 La. 936 , 192 So.2d 130 , approved the doctrine of sovereign immunity in these words: Accordingly, we turn first to a determination of whether the State has waived its immunity from suit. 1973Ann. 498 (1881), the doctrine is reviewed *28 in detail with copious authority cited to support this statement: "When the judiciary department of the government was instituted to expound the law and to distribute justice among individuals, the State was not subjected to its authority." As recently as 1966 a unanimous Court in Weinstein, Bronfin & Heller v. LeBlanc, 249 La. 936 , 192 So.2d 130 , approved the doctrine of sovereign immunity in these words: Accordingly, we turn first to a determination of whether the State has waived its immunity from suit. | 1 | 1973–1973 |
Commonwealth v. Masden
green
2 sentences1955In construing a statute of a similar nature, the Court of Appeals of Kentucky, in Commonwealth v. Masden, 295 Ky. 861 , 175 S.W.2d 1004, 1007 , 169 A.L.R. 101, 103-104 , stated: "Chapter 297 of the Acts of 1942, pursuant to which this action was instituted, waived not only the Commonwealth's immunity from action but also its immunity from liability. 1955In construing a statute of a similar nature, the Court of Appeals of Kentucky, in Commonwealth v. Masden, 295 Ky. 861 , 175 S.W.2d 1004, 1007 , 169 A.L.R. 101, 103-104 , stated: "Chapter 297 of the Acts of 1942, pursuant to which this action was instituted, waived not only the Commonwealth's immunity from action but also its immunity from liability. | 1 | 1955–1955 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.