defense of sovereign immunity (Wisconsin) · Go Syfert
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defense of sovereign immunity in Wisconsin

15 Wisconsin opinions name it 2 courts 1964–2026 2 in the last five years

The cases below were cited by Wisconsin 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 (4)

CaseFollowedCited
Lister v. Board of Regents of the University of Wisconsin Systemgreen
wis · 1976 · cited in 8 Wisconsin opinions naming this issue, 1980–2023
2 sentences

1980In addition, it appears that the principle of estoppel will not be applied to deprive a state of its sovereign rights. 72 Wis.2d at 294 , 240 N.W.2d at 618-19 . [Footnote omitted.] Because no statute confers power on any university official to waive the defense of sovereign immunity, its agreement to the judicial enforcement of arbitration awards against it is void under Lister, 72 Wis.2d 282 .

1980In addition, it appears that the principle of estoppel will not be applied to deprive a state of its sovereign rights. 72 Wis.2d at 294 , 240 N.W.2d at 618-19 . [Footnote omitted.] Because no statute confers power on any university official to waive the defense of sovereign immunity, its agreement to the judicial enforcement of arbitration awards against it is void under Lister, 72 Wis.2d 282 .

38
Appel v. Halversongreen
wis · 1971 · cited in 1 Wisconsin opinions naming this issue, 2020–2020
1 sentence

2020See id. 10 No. 2018AP1133 ¶20 The exception to sovereign immunity that the Taxpayers advance appears to be a novel construct.

11
Sambs v. Nowakgreen
wis · 1970 · cited in 1 Wisconsin opinions naming this issue, 1997–1997
2 sentences

1997See Sambs v. Nowak, 47 Wis. 2d 158 , 177 N.W.2d 144 (1970). 11 The Sambs II court explicitly stated that, in Marshall , this court held that Green Bay had waived the defense of sovereign immunity.

1997See Sambs v. Nowak, 47 Wis. 2d 158 , 177 N.W.2d 144 (1970). 11 The Sambs II court explicitly stated that, in Marshall , this court held that Green Bay had waived the defense of sovereign immunity.

11
Sambs v. City of Brookfieldgreen
wis · 1975 · cited in 1 Wisconsin opinions naming this issue, 1997–1997
2 sentences

1997See Sambs v. City of Brookfield, 66 Wis. 2d 296, 315 , 224 N.W.2d 582 (1975).

1997See Sambs v. City of Brookfield, 66 Wis. 2d 296, 315 , 224 N.W.2d 582 (1975).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Majerus v. Milwaukee County green
wis · 1968
2 sentences

1994In Majerus v. Milwaukee County, 39 Wis. 2d 311 , 159 N.W.2d 86 (1968), the court considered whether the statutes governing the Wisconsin State Armory Board were such as to render it an "independent going concern," making it ineligible to claim the defense of sovereign immunity.

1994In Majerus v. Milwaukee County, 39 Wis. 2d 311 , 159 N.W.2d 86 (1968), the court considered whether the statutes governing the Wisconsin State Armory Board were such as to render it an "independent going concern," making it ineligible to claim the defense of sovereign immunity.

21994–1995
Prn Associates LLC v. State of Wisconsin Department of Administration green
wis · 2009
1 sentence

2026“If the legislature has not specifically consented to the suit, then sovereign immunity deprives the court of personal jurisdiction over the State, assuming that the defense has been properly raised.” Id. ¶13 A defense of sovereign immunity alleges that a litigant failed to comply with the legislature’s instructions on how actions may be brought against the State.

12026–2026
Bahr v. State Investment Board green
wisctapp · 1994
2 sentences

2015Thus, the court determined that the Board was "ineligible to raise the defense of sovereign immunity." Id. at 399 . ¶ 22.

2015Thus, the court determined that the Board was "ineligible to raise the defense of sovereign immunity." Id. at 399 . ¶22 Majerus, Nusbaum, and Bahr demonstrate that in determining whether a state entity is an independent going concern, courts should consider both the character and breadth of the statutory powers granted to the entity.

12015–2015
Century Distilling Co. v. Defenbach green
· 1940
2 sentences

1968While it may be true that a grant of discretion to an officer contemplates a certain amount of mistakes, to the extent that the officer’s mistakes amount to the misconstruction or the misapplication of a statute, he is exceeding his authority as much as if he were operating under an unconstitutional statute. *102 “While the constitutionality of this statute is not in issue the authority of the enforcing officer, is involved and as to this it was said in Century Distilling Co. v. Defenbach (1940), 61 Idaho 192, 200 , 99 Pac. (2d) 56 : “ Tt is generally held by the courts, both state and federal

1968While it may be true that a grant of discretion to an officer contemplates a certain amount of mistakes, to the extent that the officer’s mistakes amount to the misconstruction or the misapplication of a statute, he is exceeding his authority as much as if he were operating under an unconstitutional statute. *102 “While the constitutionality of this statute is not in issue the authority of the enforcing officer, is involved and as to this it was said in Century Distilling Co. v. Defenbach (1940), 61 Idaho 192, 200 , 99 Pac. (2d) 56 : “ Tt is generally held by the courts, both state and federal

11968–1968
Holytz v. City of Milwaukee red
wis · 1962
1 sentence

1964Since the accident in question occurred before July IS, 1962, the defense of sovereign immunity as it existed before Holyts v. Milwaukee (1962), 17 Wis. (2d) 26, 115 N. W. (2d) 618 , is available to the defendants.

11964–1964

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4) WI § Wis. Stat. § 285.01 (4) WI § Wis. Stat. § 775.01 (4) WI § Wis. Stat. § 808.10 (3) WI § Wis. Stat. § 895.46 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 127 (1965–2026) NC 69 (1980–2026) GA 65 (1981–2023) FL 46 (1970–2026) CT 43 (1981–2022) OH 41 (1971–2013) TX 33 (1989–2023) AR 31 (1990–2025) MD 25 (1972–2026) VA 24 (1989–2025) MO 19 (1977–2017) CA 18 (1947–2019) NY 18 (1955–2025) DE 16 (1963–2024) AL 15 (1975–2014) WI 15 (1964–2026) MS 14 (1981–2014) KY 12 (1963–2025) CO 11 (1977–2026) SD 9 (1995–2025) NM 7 (1971–2014) AZ 5 (1967–2001) NJ 4 (1974–2017) WA 4 (1983–1996) MA 4 (1995–2015) DC 4 (1992–2010) IN 4 (1968–2010) MI 4 (1961–2002) IA 4 (1974–2018) MT 3 (1972–2009) VT 3 (1964–2024) IL 3 (1992–1996) OR 3 (1963–2008) SC 3 (1984–1994) TN 2 (1986–2006) ND 2 (1994–2021) ME 2 (1993–2023) OK 2 (1981–1986) AK 2 (1979–2009) WV 2 (1987–1998) MN 2 (1989–1996) WY 2 (1980–2025)

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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