State has waived immunity (Louisiana) · Go Syfert
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State has waived immunity in Louisiana

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.

Followed or applied (1)

CaseFollowedCited
Will v. Michigan Department of State Policegreen
scotus · 1989 · cited in 2 Louisiana opinions naming this issue, 2000–2000
2 sentences

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].

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].

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Rosier v. State green
lactapp · 1951
2 sentences

1955App., 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.

21951–1955
Weinstein, Bronfin & Heller v. LeBlanc green
la · 1966
2 sentences

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.

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.

11973–1973
Commonwealth v. Masden green
kyctapphigh · 1943
2 sentences

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.

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.

11955–1955

Where else courts name it

TX 40 (1971–2024) NY 22 (1934–2025) NC 17 (1983–2025) VT 13 (1990–2021) HI 10 (2004–2017) FL 6 (1988–2019) NE 6 (2016–2024) KY 5 (1949–2024) LA 5 (1951–2000) IN 4 (2012–2017) CA 4 (1997–2024) WA 4 (2009–2011) IL 4 (1992–2015) OH 4 (1986–2017) IA 4 (1986–2025) MI 3 (1924–2022) NM 2 (1994–1995) NV 2 (1997–1997) TN 2 (2019–2024) DE 2 (2017–2025) ID 2 (1993–2006) GA 2 (2016–2016) CT 2 (1993–2001)

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.

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