Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
13 Nevada opinions name it 2 courts 1960–2018 0 in the last five years
The cases below were cited by Nevada 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 |
|---|---|---|
Wallace L. Hall, Jr., in His Official Capacity as a Regent for the University of Texas System v. William H. McRaven, in His Official Capacity as Chancellor for the University of Texas Systemgreen2 sentences2018If we go too far in immunizing government, then government officials COURT OF APPEALS OF NEVADA 4 (0) 19470 .a■e-e*) get to act with impunity: "[Ole doctrine of sovereign immunity, by insulating imprudence, is innately unfair to those wronged." Hall, 508 S.W.3d at 245 (Willett, J., concurring). 2018If we go too far in immunizing government, then government officials get to act with impunity: "[t]he doctrine of sovereign immunity, by insulating imprudence, is innately unfair to those wronged." Hall, 508 S.W.3d at 245 (Willett, J., concurring). | 5 | 5 |
Barbara Snow-Erlin, as Representative of the Estate of Darrow K. Erlin v. United Statesgreen2 sentences2014Estate of Erlin v. United States, 470 F.3d 804, 808 (9th Cir. 2006) (holding that reference in the decision of a prior appeal in the same case to the plaintiff s claim as being for negligence, not false imprisonment, was descriptive not dispositive and did not establish law of the case for purposes of a later challenge to subject matter jurisdiction under the Federal Tort Claims Act, which waives the federal government's sovereign immunity for negligence but not false imprisonment claims). 2014Estate of Erlin v. United States, 470 F.3d 804, 808 (9th Cir. 2006) (holding that reference in the decision of a prior appeal in the same case to the plaintiff s claim as being for negligence, not false imprisonment, was descriptive not dispositive and did not establish law of the case for purposes of a later challenge to subject matter jurisdiction under the Federal Tort Claims Act, which waives the federal government's sovereign immunity for negligence but not false imprisonment claims). | 1 | 1 |
Clark County School District v. Richardson Construction, Inc.green2 sentences2009See id. 2009See id. | 1 | 1 |
United States v. Gaubertgreen1 sentence2007Gibbons, Hardesty, Parraguirre, Douglas, Cherry and Saitta, JJ., concur. 1 486 U.S. 531, 536-37 (1988). 2 499 U.S. 315, 322 (1991). 3 The Nevada Trial Lawyers Association has filed a brief as amicus curiae on the basic sovereign immunity issue and the constitutionality of “capped” liability for publicly employed physicians who compete with the private sector for paying patients. 4 NRS 41.031. 5 NRS 41.035; see also County of Clark v. Upchurch, 114 Nev. 749, 759-60 , 961 P.2d 754, 761 (1998). 6 Given its ruling that Dr. Martinez was involved in a nongovernmental function in connection with his | 1 | 1 |
County of Clark Ex Rel. University Medical Center v. Upchurchgreen2 sentences2007Gibbons, Hardesty, Parraguirre, Douglas, Cherry and Saitta, JJ., concur. 1 486 U.S. 531, 536-37 (1988). 2 499 U.S. 315, 322 (1991). 3 The Nevada Trial Lawyers Association has filed a brief as amicus curiae on the basic sovereign immunity issue and the constitutionality of “capped” liability for publicly employed physicians who compete with the private sector for paying patients. 4 NRS 41.031. 5 NRS 41.035; see also County of Clark v. Upchurch, 114 Nev. 749, 759-60 , 961 P.2d 754, 761 (1998). 6 Given its ruling that Dr. Martinez was involved in a nongovernmental function in connection with his 2007Gibbons, Hardesty, Parraguirre, Douglas, Cherry and Saitta, JJ., concur. 1 486 U.S. 531, 536-37 (1988). 2 499 U.S. 315, 322 (1991). 3 The Nevada Trial Lawyers Association has filed a brief as amicus curiae on the basic sovereign immunity issue and the constitutionality of “capped” liability for publicly employed physicians who compete with the private sector for paying patients. 4 NRS 41.031. 5 NRS 41.035; see also County of Clark v. Upchurch, 114 Nev. 749, 759-60 , 961 P.2d 754, 761 (1998). 6 Given its ruling that Dr. Martinez was involved in a nongovernmental function in connection with his | 1 | 1 |
Berkovitz v. United Statesgreen1 sentence2007Gibbons, Hardesty, Parraguirre, Douglas, Cherry and Saitta, JJ., concur. 1 486 U.S. 531, 536-37 (1988). 2 499 U.S. 315, 322 (1991). 3 The Nevada Trial Lawyers Association has filed a brief as amicus curiae on the basic sovereign immunity issue and the constitutionality of “capped” liability for publicly employed physicians who compete with the private sector for paying patients. 4 NRS 41.031. 5 NRS 41.035; see also County of Clark v. Upchurch, 114 Nev. 749, 759-60 , 961 P.2d 754, 761 (1998). 6 Given its ruling that Dr. Martinez was involved in a nongovernmental function in connection with his | 1 | 1 |
Williams v. City of Detroitgreen2 sentences1963The Montana case, Johnson v. City of Billings, supra, bitterly rejecting in the strongest terms the entire doctrine of sovereign immunity, then indicates that the entire opinion is dictum, using the following language: "Conceding, for the purpose of this opinion, that ordinarily the repair of * * * our highways constitutes a governmental function, it is not so with respect to the particular situation presented here," a joint project of the city and county in the construction of a drain ditch for the benefit of both, "for which purpose the county might have been included in a drain district and 1963The Montana case, Johnson v. City of Billings, supra, bitterly rejecting in the strongest terms the entire doctrine of sovereign immunity, then indicates that the entire opinion is dictum, using the following language: "Conceding, for the purpose of this opinion, that ordinarily the repair of * * * our highways constitutes a governmental function, it is not so with respect to the particular situation presented here," a joint project of the city and county in the construction of a drain ditch for the benefit of both, "for which purpose the county might have been included in a drain district and | 1 | 1 |
Talley v. Northern San Diego County Hospital Districtgreen2 sentences1963Dist. (1953), 41 Cal.2d 33, 41 [15], 257 P.2d 22 (per Justice Shenk, with only Justice Carter dissenting), upon facts materially identical with those of the present case, held that `Whether the doctrine of sovereign immunity should be modified in this state is a legislative question.' Also this court, in denying petitions for hearing after decisions of the District Courts of Appeal, has during the last decade frequently adhered to this view. [Citing many cases] But today's majority apparently impatient with the Legislature's failure to act as speedily and comprehensively as they believe it sho 1963Dist. (1953), 41 Cal.2d 33, 41 [15], 257 P.2d 22 (per Justice Shenk, with only Justice Carter dissenting), upon facts materially identical with those of the present case, held that `Whether the doctrine of sovereign immunity should be modified in this state is a legislative question.' Also this court, in denying petitions for hearing after decisions of the District Courts of Appeal, has during the last decade frequently adhered to this view. [Citing many cases] But today's majority apparently impatient with the Legislature's failure to act as speedily and comprehensively as they believe it sho | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allstate Insurance Company v. Pietrosh
green
2 sentences2003Therefore, we affirm the district court’s judgment. 16 1 See NRS 41.038; NRS 485.380. 2 NRS 41.035 waives the sovereign immunity of the state and its political subdivisions in tort actions up to $50,000. 3 See Allstate Insurance Co. v. Pietrosh, 85 Nev. 310 , 454 P.2d 106 (1969). 4 Additionally, White argued the exclusion for government-owned vehicles was void. 2003Therefore, we affirm the district court’s judgment. 16 1 See NRS 41.038; NRS 485.380. 2 NRS 41.035 waives the sovereign immunity of the state and its political subdivisions in tort actions up to $50,000. 3 See Allstate Insurance Co. v. Pietrosh, 85 Nev. 310 , 454 P.2d 106 (1969). 4 Additionally, White argued the exclusion for government-owned vehicles was void. | 1 | 2003–2003 |
Blount v. Rizzi
green
1 sentence1983All parties agree that the landmark decision of Nevada v. Hall, 400 U.S. 410 (1978), is dispositive of the sovereign immunity issue. | 1 | 1983–1983 |
Hall v. University of Nevada
green
1 sentence1983Hall v. Nevada, 503 P.2d 1363 (Cal. 1973), aff’d, Nevada v. Hall, supra. The United States Supreme Court affirmed the California court, holding that the sovereign immunity doctrine, which, absent consent, precludes actions against a state in its own courts, provides no such immunity in the courts of another state. | 1 | 1983–1983 |
Rice v. Clark County
green
2 sentences1964It does not encroach upon any department of the state, county, or township government. * * * The district is not established for political or governmental purposes If a county, which is a political subdivision, cannot assert the doctrine of sovereign immunity as a defense to a tort action, Rice v. Clark County, 79 Nev. 253 , 382 P.2d 605 , a fortiori an irrigation district, which is not a political subdivision of the state, cannot assert such a defense. 1964It does not encroach upon any department of the state, county, or township government. * * * The district is not established for political or governmental purposes If a county, which is a political subdivision, cannot assert the doctrine of sovereign immunity as a defense to a tort action, Rice v. Clark County, 79 Nev. 253 , 382 P.2d 605 , a fortiori an irrigation district, which is not a political subdivision of the state, cannot assert such a defense. | 1 | 1964–1964 |
Moyle v. Salt Lake City
green
2 sentences1960Moyle v. Salt Lake City, 111 Utah 201 , 176 P.2d 882, 887 . 1960Moyle v. Salt Lake City, 111 Utah 201 , 176 P.2d 882, 887 . | 1 | 1960–1960 |
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.
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.