waiver of sovereign immunity in Louisiana

13 Louisiana opinions name it 2 courts 1990–2023 2 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 (2)

Case	Followed	Cited
Jacobs v. City of Bunkiegreen la · 1999 · cited in 1 Louisiana opinions naming this issue, 2023–2023 1 sentence 2023See Jacobs v. City of Bunkie, 98-2510 (La. 5/18/99), 737 So. 2d 14 , 19 and n. 6 (wherein the supreme court notes that La.	1	1
STATE, DEPT. OF TRANSPORTATION & DEV. v. Sugarland Ventures, Inc.green lactapp · 1985 · cited in 1 Louisiana opinions naming this issue, 1990–1990 1 sentence 1990This court has previously discussed this waiver in State through DOTD v. Sugarland Ventures, Inc., 476 So.2d 970, 975 (La.App. 1st Cir.1985), writ denied, 478 So.2d 909 (La.1985).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
Santa Clara Pueblo v. Martinez green scotus · 1978 2 sentences 2008It is also well settled that a waiver of sovereign immunity "cannot be implied but must be unequivocally expressed." Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 . 2008It is also well settled that a waiver of sovereign immunity "cannot be implied but must be unequivocally expressed." Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 .	2	2008–2009
Chamberlain v. State, Through DOTD green la · 1993 2 sentences 2002Using its holding in Chamberlain, 624 So.2d 874 , as a "window to better view the question" before it, the supreme court concluded that La.R.S. 40:1299.39 was not in conflict with the waiver of sovereign immunity provided for in La. 1995XII § 10, relying on the Supreme Court’s interpretation of the waiver of sovereign immunity provision in Chamberlain v. State, Department of Transportation and Development, 624 So.2d 874 (La.1993).	2	1995–2002
Smith v. Bd. of Commissioners of the La. Stadium green laed · 2019 1 sentence 2021Id.	1	2021–2021
Price v. United States & Osage Indians green scotus · 1899 2 sentences 2009Santa Clara Pueblo v. Martinez, 436 U.S. 49 , 98 S.Ct. 1670 , 56 L.Ed.2d 106 (1978); Price v. United States, 174 U.S. 373 , 19 S.Ct. 765 , 43 L.Ed. 1011 (1899). 2009Santa Clara Pueblo v. Martinez, 436 U.S. 49 , 98 S.Ct. 1670 , 56 L.Ed.2d 106 (1978); Price v. United States, 174 U.S. 373 , 19 S.Ct. 765 , 43 L.Ed. 1011 (1899).	1	2009–2009
Rosebud Sioux Tribe v. A & P Steel, Inc. green ca8 · 1989 2 sentences 2009Id. 2009Id.	1	2009–2009
United States v. King green scotus · 1969 2 sentences 2004It is settled that a waiver of sovereign immunity "`cannot be implied but must be unequivocally expressed.'" United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976), quoting, United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501, 1502 , 23 L.Ed.2d 52 (1969). 2004It is settled that a waiver of sovereign immunity "`cannot be implied but must be unequivocally expressed.'" United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976), quoting, United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501, 1502 , 23 L.Ed.2d 52 (1969).	1	2004–2004
United States v. Testan green scotus · 1976 2 sentences 2004It is settled that a waiver of sovereign immunity "`cannot be implied but must be unequivocally expressed.'" United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976), quoting, United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501, 1502 , 23 L.Ed.2d 52 (1969). 2004It is settled that a waiver of sovereign immunity "`cannot be implied but must be unequivocally expressed.'" United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976), quoting, United States v. King, 395 U.S. 1, 4 , 89 S.Ct. 1501, 1502 , 23 L.Ed.2d 52 (1969).	1	2004–2004
Ute Distribution Corporation, a Utah Corporation v. Ute Indian Tribe green ca10 · 1998 1 sentence 2004Ute Distribution Corp. v. Ute Indian Tribe, 149 F.3d 1260 (10th Cir.1998).	1	2004–2004
Jefferson Lake Sulphur Co. v. State green la · 1947 2 sentences 2002Jefferson Lake Sulphur Co. v. State, 213 La. 1 , 34 So.2d 331 (La. 1947). 2002Jefferson Lake Sulphur Co. v. State, 213 La. 1 , 34 So.2d 331 (La. 1947).	1	2002–2002
Rick v. STATE, DOTD green la · 1994 1 sentence 1994This precise issue was recently presented in Rick v. State, Through Dept. of Transp. and Dev., 93-C-1776 c/w 93-C-784 (La.1994); 630 So.2d 1271 , in which we held that the limit on pre-judgment interest imposed by LSA-R.S. 13:5112(C) conflicts with the waiver of sovereign immunity set forth in LSA-Const. Art.	1	1994–1994
Sibley v. Board of Sup'rs of Louisiana State University green la · 1985 1 sentence 1993The constitutionality of that ceiling was at issue in Sibley v. Board of Supervisors of Louisiana State University, 462 So.2d 149 , vacated on reh'g, 477 So.2d 1094 (La.1985), discussed below. [9] Interestingly, one commentator forecasted that the waiver of sovereign immunity provision would be "an even more substantial [constitutional] hurdle" than the equal protection and adequate remedy provisions.	1	1993–1993
Sibley v. Bd. of Sup'rs of Louisiana State University green la · 1985 1 sentence 1993The constitutionality of that ceiling was at issue in Sibley v. Board of Supervisors of Louisiana State University, 462 So.2d 149 , vacated on reh'g, 477 So.2d 1094 (La.1985), discussed below. [9] Interestingly, one commentator forecasted that the waiver of sovereign immunity provision would be "an even more substantial [constitutional] hurdle" than the equal protection and adequate remedy provisions.	1	1993–1993
Northern Pipeline Construction Co. v. Marathon Pipe Line Co. red scotus · 1982 1 sentence 1991Id.	1	1991–1991
STATE, DEPT. OF TRANSPORTATION AND DEVELOPMENT v. Sugarland Ventures, Inc. green la · 1985 1 sentence 1990This court has previously discussed this waiver in State through DOTD v. Sugarland Ventures, Inc., 476 So.2d 970, 975 (La.App. 1st Cir.1985), writ denied, 478 So.2d 909 (La.1985).	1	1990–1990
Insurance Company of North America v. United States Postal Service green ca5 · 1982 1 sentence 1990Therefore, with respect to those actions “sounding in tort,” the remedies and restrictions of the FTCA apply, one of which is to vest exclusive jurisdiction over the claims in federal courts. 28 U.S.C. § 1346 (b); Insurance Company of North America v. United States Postal Service, 675 F.2d at 758 .	1	1990–1990

Statutes the citing opinions construe

LA § La. Rev. Stat. § 3 (6) LA § La. Rev. Stat. § 1 (3) LA § La. Rev. Stat. § 13:5112 (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

TX 468 (1977–2026) GA 238 (1975–2026) FL 104 (1975–2026) MO 68 (1981–2025) NE 40 (1985–2024) CT 34 (1981–2024) NC 33 (1979–2026) NY 31 (1952–2025) MD 26 (1976–2026) NJ 26 (1961–2026) VA 24 (2001–2026) KY 24 (1989–2025) HI 24 (1964–2025) PA 20 (1946–2024) CA 19 (1981–2020) OK 19 (1979–2020) MA 17 (1981–2025) CO 16 (1992–2025) WA 16 (1979–2025) NM 16 (1994–2022) MS 15 (1993–2016) TN 14 (1998–2026) IL 14 (1992–2025) LA 13 (1990–2023) IA 13 (1986–2024) AK 10 (1972–2009) DE 10 (1972–2025) VT 10 (1987–2025) RI 9 (1992–2017) MT 9 (1979–2023) MN 9 (1994–2024) AR 9 (1997–2017) NH 8 (1977–2025) WI 8 (1985–2021) OH 7 (1974–2015) SC 7 (1959–2021) ID 6 (1992–2019) ME 6 (2005–2017) IN 5 (2006–2020) DC 4 (1986–2010) NV 3 (1950–1988) AZ 3 (1985–2020) SD 3 (1990–1998) KS 2 (1975–1994) AL 2 (2014–2017) UT 2 (2005–2014) VI 2 (2004–2013)

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.

← Caselaw search · G Cite Topics · Brief Check