explicit waiver (Kentucky) · Go Syfert
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explicit waiver in Kentucky

13 Kentucky opinions name it 3 courts 1935–2025 5 in the last five years

The cases below were cited by Kentucky 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 (9)

CaseFollowedCited
Withers v. University of Kentuckygreen
ky · 1997 · cited in 3 Kentucky opinions naming this issue, 2002–2008
2 sentences

2008In Withers v. University of Kentucky, 939 S.W.2d 340 (Ky.1997), a patient argued that legislative authority to purchase medical insurance constituted a waiver of a state hospital’s sovereign immunity.

2002As recognized by Withers v. University of Kentucky, Ky., 939 S.W.2d 340 (1997), the state cannot be sued except upon a specific and explicit waiver of sovereign immunity.

13
District of Columbia v. Hellergreen
scotus · 2008 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025See Rahimi, 602 U.S. at 699 , 149 S. Ct. at 1902 (quoting Heller, 554 U.S. at 626 , 627 n.26, 128 S. Ct. at 2817) (“Heller never established a categorical rule that the Constitution prohibits regulations that forbid firearm possession in the home.

11
Beckham v. Bd. of Educ. of Jefferson Cty.green
ky · 1994 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025Contrary to Bray’s assertions, the plain statutory language simply does not contain an explicit requirement of a commercial transaction to sustain a conviction and courts may not “add or subtract from the legislative enactment nor discover meaning not reasonably ascertainable from the language used.” Beckham v. Board of Educ., 873 S.W.2d 575, 577 (Ky. 1994).

11
United States v. Rahimigreen
scotus · 2024 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025See Rahimi, 602 U.S. at 699 , 149 S. Ct. at 1902 (quoting Heller, 554 U.S. at 626 , 627 n.26, 128 S. Ct. at 2817) (“Heller never established a categorical rule that the Constitution prohibits regulations that forbid firearm possession in the home.

11
Lake Village Water Ass'n v. Sorrellgreen
kyctapp · 1991 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024Lake Village Water Ass’n, Inc. v. Sorrell, 815 S.W.2d 418, 421 (Ky. App. 1991) (citing Chambers v. Nasco, 501 U.S. 32 , 111 S. Ct. 2123 , 115 L.

11
Commonwealth v. Hagergreen
ky · 2001 · cited in 1 Kentucky opinions naming this issue, 2012–2012
1 sentence

2012Appellant claims that by proffering the first-degree manslaughter instruction quoted above, he requested an explicit instruction on the relationship between murder and first-degree manslaughter like that discussed in Gall v. Commonwealth, 607 S.W.2d 97, 110 (Ky.1980), Commonwealth v. Hager, 41 S.W.3d 828, 831-32 (Ky.2001), and Sherroan v. Commonwealth, 142 S.W.3d 7, 23 (Ky.2004).

11
Sherroan v. Commonwealthgreen
ky · 2004 · cited in 1 Kentucky opinions naming this issue, 2012–2012
1 sentence

2012Appellant claims that by proffering the first-degree manslaughter instruction quoted above, he requested an explicit instruction on the relationship between murder and first-degree manslaughter like that discussed in Gall v. Commonwealth, 607 S.W.2d 97, 110 (Ky.1980), Commonwealth v. Hager, 41 S.W.3d 828, 831-32 (Ky.2001), and Sherroan v. Commonwealth, 142 S.W.3d 7, 23 (Ky.2004).

11
Gall v. Commonwealthgreen
ky · 1980 · cited in 1 Kentucky opinions naming this issue, 2012–2012
1 sentence

2012Appellant claims that by proffering the first-degree manslaughter instruction quoted above, he requested an explicit instruction on the relationship between murder and first-degree manslaughter like that discussed in Gall v. Commonwealth, 607 S.W.2d 97, 110 (Ky.1980), Commonwealth v. Hager, 41 S.W.3d 828, 831-32 (Ky.2001), and Sherroan v. Commonwealth, 142 S.W.3d 7, 23 (Ky.2004).

11
Reyes v. Hardin Countygreen
ky · 2001 · cited in 1 Kentucky opinions naming this issue, 2003–2003
2 sentences

2003Withers v. Univ. of Ky., Ky., 939 S.W.2d 340, 346 (1997); cf. Reyes v. Hardin County, Ky., 55 S.W.3d 337, 342 (2001) (partial waiver found where General Assembly authorized both liability insurance for county hospitals and civil actions against counties to measure the extent of liability up to the limit of the policy).

2003Withers v. Univ. of Ky., Ky., 939 S.W.2d 340, 346 (1997); cf. Reyes v. Hardin County, Ky., 55 S.W.3d 337, 342 (2001) (partial waiver found where General Assembly authorized both liability insurance for county hospitals and civil actions against counties to measure the extent of liability up to the limit of the policy).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Chambers v. Nasco, Inc. green
scotus · 1991
2 sentences

2024Lake Village Water Ass’n, Inc. v. Sorrell, 815 S.W.2d 418, 421 (Ky. App. 1991) (citing Chambers v. Nasco, 501 U.S. 32 , 111 S. Ct. 2123 , 115 L.

2024Lake Village Water Ass’n, Inc. v. Sorrell, 815 S.W.2d 418, 421 (Ky. App. 1991) (citing Chambers v. Nasco, 501 U.S. 32 , 111 S. Ct. 2123 , 115 L.

12024–2024
Tackett v. Commonwealth green
ky · 2014
1 sentence

2024Id. at 29 .

12024–2024
Travelers Indemnity Co. v. Reker green
ky · 2003
1 sentence

2023Id.

12023–2023
University of Louisville v. Martin green
kyctapp · 1978
1 sentence

2018Commonwealth v. Whitworth , 74 S.W.3d 695 , 699 (Ky. 2002) ; Univ. of Louisville v. Martin , 574 S.W.2d 676 , 677 (Ky. App. 1978).

12018–2018
Commonwealth v. Whitworth green
ky · 2002
1 sentence

2018Commonwealth v. Whitworth , 74 S.W.3d 695 , 699 (Ky. 2002) ; Univ. of Louisville v. Martin , 574 S.W.2d 676 , 677 (Ky. App. 1978).

12018–2018
Hayes v. State green
md · 1999
1 sentence

2009Hayes, 735 A.2d at 1121 . 52 .

12009–2009
Conley v. Commonwealth green
kyctapp · 1978
2 sentences

2001Appellant cites Conley v. Commonwealth, Ky.App., 569 S.W.2d 682 (1978), for the proposition that an "accused has the right to be present and to cross-examine witnesses," but Conley was referring to "courts of inquiry" and "lunacy inquests." There was no court of inquiry or lunacy inquest involved in this action.

2001Appellant cites Conley v. Commonwealth, Ky.App., 569 S.W.2d 682 (1978), for the proposition that an “accused has the right to be present and to cross-examine witnesses,” but Conley was referring to “courts of inquiry” and “lunacy inquests.” There was no court of inquiry or lunacy inquest involved in this action.

12001–2001
Bow v. State Highway Commission green
kyctapphigh · 1932
1 sentence

1935It is apparent from a reading of the pleadings that the appellees base their rights on this court’s opinion in Knox County Board of Education v. Fultz, 241 Ky. 265 , 43 S. W. (2d) 707, 710 , while the appellant seemingly based its right to do the things sought to be done on the case of Audas v. Logan County Board of Education, 246 Ky. 534 , 55 S. W. (2d) 341 , under the impression that the last-named case intended to broaden the explicit rule laid down in the Fultz Case so as to permit consolidation of subdistricts and the transportation of pupils therefrom, .without submitting the question to

11935–1935
Knox County Board of Education v. Fultz green
kyctapphigh · 1931
2 sentences

1935It is apparent from a reading of the pleadings that the appellees base their rights on this court’s opinion in Knox County Board of Education v. Fultz, 241 Ky. 265 , 43 S. W. (2d) 707, 710 , while the appellant seemingly based its right to do the things sought to be done on the case of Audas v. Logan County Board of Education, 246 Ky. 534 , 55 S. W. (2d) 341 , under the impression that the last-named case intended to broaden the explicit rule laid down in the Fultz Case so as to permit consolidation of subdistricts and the transportation of pupils therefrom, .without submitting the question to

1935It is apparent from a reading of the pleadings that the appellees base their rights on this court’s opinion in Knox County Board of Education v. Fultz, 241 Ky. 265 , 43 S. W. (2d) 707, 710 , while the appellant seemingly based its right to do the things sought to be done on the case of Audas v. Logan County Board of Education, 246 Ky. 534 , 55 S. W. (2d) 341 , under the impression that the last-named case intended to broaden the explicit rule laid down in the Fultz Case so as to permit consolidation of subdistricts and the transportation of pupils therefrom, .without submitting the question to

11935–1935
Audas v. Logan County Board of Education green
kyctapphigh · 1932
1 sentence

1935It is apparent from a reading of the pleadings that the appellees base their rights on this court’s opinion in Knox County Board of Education v. Fultz, 241 Ky. 265 , 43 S. W. (2d) 707, 710 , while the appellant seemingly based its right to do the things sought to be done on the case of Audas v. Logan County Board of Education, 246 Ky. 534 , 55 S. W. (2d) 341 , under the impression that the last-named case intended to broaden the explicit rule laid down in the Fultz Case so as to permit consolidation of subdistricts and the transportation of pupils therefrom, .without submitting the question to

11935–1935

Where else courts name it

CA 115 (1919–2026) IL 88 (1902–2026) TX 72 (1978–2026) NY 71 (1878–2025) PA 65 (1931–2025) IA 47 (1873–2024) WA 41 (1965–2024) MA 31 (1979–2026) OH 29 (1993–2025) CT 29 (1821–2021) DC 23 (1978–2019) AZ 22 (1956–2025) TN 22 (1933–2026) NJ 22 (1975–2024) MI 22 (1923–2024) NC 22 (1889–2024) FL 21 (1988–2022) NM 18 (1978–2026) IN 16 (1979–2019) WI 15 (1978–2020) AL 15 (1861–2024) MS 15 (1882–2024) LA 14 (1903–2018) KY 13 (1935–2025) MO 13 (1858–2018) VA 12 (1930–2026) MN 12 (1985–2014) MD 12 (1957–2013) OR 11 (1968–2023) DE 11 (1975–2026) NE 11 (1940–2026) CO 11 (1981–2014) UT 10 (2001–2025) GA 10 (1999–2025) HI 9 (1955–2026) VT 9 (1962–2014) OK 9 (1915–2025) MT 8 (2005–2025) AK 8 (1987–2025) KS 8 (2001–2024) ME 8 (1990–2025) SD 6 (1924–2014) SC 6 (1981–2016) NV 6 (1879–2022) AR 5 (1898–2009) NH 4 (1991–2025) WY 4 (1992–2012) ND 4 (1977–2018) ID 4 (1968–2024) WV 2 (1995–1996) VI 2 (1997–2003)

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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