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

12 Kentucky opinions name it 3 courts 1963–2025 3 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 (10)

CaseFollowedCited
Withers v. University of Kentuckygreen
ky · 1997 · cited in 2 Kentucky opinions naming this issue, 2022–2025
2 sentences

2025We will find a waiver of sovereign immunity “only where stated by the most express language or by such overwhelming implications from the text as will leave no room for any other reasonable construction.” Ky. Retirement Sys., 396 S.W.3d at 836 (quoting Withers, 939 S.W.2d at 346 ).

2022Once the propriety of a sovereign immunity defense has been established, the question becomes whether the Legislature has waived that immunity “by the most express language or by such overwhelming implications from the text as [will] leave no room for any other reasonable construction.” Withers v. University of Kentucky, 939 S.W.2d 340, 346 (Ky. 1997) (quoting Edelman v. Jordan, 415 U.S. 651, 673 , 94 S. Ct. 1347, 1361 , 39 L.

12
Wells v. Commonwealth, Department of Highwaysgreen
kyctapp · 1964 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025Wells, 384 S.W.2d at 308 (“The defense of sovereign immunity . . . can be waived only by the General Assembly . . . .”).

11
Rowan County v. Sloasgreen
ky · 2006 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022See Rowan County v. Sloas, 201 S.W.3d 469, 475 (Ky. 2006) (citing Jefferson County Fiscal Court v. Peerce, 132 S.W.3d 824, 833 (Ky. 2004)).

11
Jefferson County Fiscal Court v. Peercegreen
ky · 2004 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022See Rowan County v. Sloas, 201 S.W.3d 469, 475 (Ky. 2006) (citing Jefferson County Fiscal Court v. Peerce, 132 S.W.3d 824, 833 (Ky. 2004)).

11
Kentucky State Park Commission v. Wildergreen
kyctapphigh · 1934 · cited in 1 Kentucky opinions naming this issue, 2022–2022
2 sentences

2022Kentucky State Park Commission v. Wilder, 256 Ky. 313, 317 , 76 S.W.2d 4, 6 (1934).

2022Kentucky State Park Commission v. Wilder, 256 Ky. 313, 317 , 76 S.W.2d 4, 6 (1934).

11
Edelman v. Jordangreen
scotus · 1974 · cited in 1 Kentucky opinions naming this issue, 2022–2022
2 sentences

2022Once the propriety of a sovereign immunity defense has been established, the question becomes whether the Legislature has waived that immunity “by the most express language or by such overwhelming implications from the text as [will] leave no room for any other reasonable construction.” Withers v. University of Kentucky, 939 S.W.2d 340, 346 (Ky. 1997) (quoting Edelman v. Jordan, 415 U.S. 651, 673 , 94 S. Ct. 1347, 1361 , 39 L.

2022Once the propriety of a sovereign immunity defense has been established, the question becomes whether the Legislature has waived that immunity “by the most express language or by such overwhelming implications from the text as [will] leave no room for any other reasonable construction.” Withers v. University of Kentucky, 939 S.W.2d 340, 346 (Ky. 1997) (quoting Edelman v. Jordan, 415 U.S. 651, 673 , 94 S. Ct. 1347, 1361 , 39 L.

11
Lexington-Fayette Urban County Government v. Smolcicgreen
ky · 2004 · cited in 1 Kentucky opinions naming this issue, 2006–2006
1 sentence

2006See Lexington-Fayette Urban County Government v. Smolcic, 142 S.W.3d 128, 132-33 , (Ky.2004).

11
Ferguson v. Oatesgreen
kyctapphigh · 1958 · cited in 1 Kentucky opinions naming this issue, 2003–2003
1 sentence

2003Ferguson v. Oates, Ky., 314 S.W.2d 518, 521 (1958)).

11
Department of Corrections v. Furrgreen
ky · 2000 · cited in 1 Kentucky opinions naming this issue, 2001–2001
1 sentence

2001See Department of Corrections v. Furr, Ky., 23 S.W.3d 615 (2000).

11
Commonwealth v. McCoungreen
kyctapphigh · 1958 · cited in 1 Kentucky opinions naming this issue, 1963–1963
1 sentence

1963See Commonwealth v. McCoun, Ky., 313 S.W.2d 585 .

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 (6)

CaseCitedYears
Foley Construction Company v. Ward green
kyctapphigh · 1963
2 sentences

1977Hence, the Turnpike Authority asserts that it is entitled to the defense of sovereign immunity under the principles laid down in Foley Construction Co. v. Ward, Ky., 375 S.W.2d 392 (1963).

1967In Foley Construction Company v. Ward, Ky., 375 S.W.2d 392 (1964), we held that the Commonwealth of Kentucky and its administrative agency, the Department of Highways, which is a part of the executive branch of the state government, are protected by the doctrine of sovereign immunity.

21967–1977
Commonwealth v. Kentucky Retirement Systems green
ky · 2013
1 sentence

2025We will find a waiver of sovereign immunity “only where stated by the most express language or by such overwhelming implications from the text as will leave no room for any other reasonable construction.” Ky. Retirement Sys., 396 S.W.3d at 836 (quoting Withers, 939 S.W.2d at 346 ).

12025–2025
Watkins v. Department of Highways of the Commonwealth green
kyctapphigh · 1956
2 sentences

2000While the defense of sovereign immunity usually arises from tort claims, University of Louisville v. Martin [4] holds unmistakably that sovereign immunity applies as well to contract claims: "The doctrine extends to both actions in tort and in contract." This proposition was stated in Foley Construction Co. v. Ward, [5] as follows: The review of the cases on sovereign immunity forces the conclusion that such cases as the Watkins [v. Department of Highways of Com. of Ky., Ky., 290 S.W.2d 28 (1956)] and Michael [ Humphreys v. J.

2000While the defense of sovereign immunity usually arises from tort claims, University of Louisville v. Martin 4 holds unmistakably that sovereign immunity applies as well to contract claims: “The doctrine extends to both actions in tort and in contract.” This proposition was stated in Foley Construction Co. v. Ward, 5 as follows: The review of the cases on sovereign immunity forces the conclusion that such cases as the Watkins [v. Department of Highways of Com. of Ky., Ky., 290 S.W.2d 28 (1956)] and Michael[Humphreys v. J.

12000–2000
Kestler v. Transit Authority of Northern Kentucky green
ky · 1988
2 sentences

1989Kestler v. Transit Authority of Northern Kentucky, Ky., 758 S.W.2d 38 (1988) reflects the fact that K.R.S. 44.072 does not provide a defense of sovereign immunity to either of these appellants as it will not be applied retroactively.

1989Kestler v. Transit Authority of Northern Kentucky, Ky., 758 S.W.2d 38 (1988) reflects the fact that K.R.S. 44.072 does not provide a defense of sovereign immunity to either of these appellants as it will not be applied retroactively.

11989–1989
Happy v. Erwin green
kyctapphigh · 1959
2 sentences

1989Our recent decision in Gould v. O'Bannon, Ky., 770 S.W.2d 220 (1989), finality June 8, 1989, and our decision of long-standing in Happy v. Erwin, Ky., 330 S.W.2d 412 (1959), lay this matter to rest.

1989Our recent decision in Gould v. O’Bannon, Ky., 770 S.W.2d 220 (1989), finality June 8,1989, and our decision of long standing in Happy v. Erwin, Ky., 330 S.W.2d 412 (1959), lay this matter to rest.

11989–1989
Gould v. O'BANNON green
ky · 1989
2 sentences

1989Our recent decision in Gould v. O'Bannon, Ky., 770 S.W.2d 220 (1989), finality June 8, 1989, and our decision of long-standing in Happy v. Erwin, Ky., 330 S.W.2d 412 (1959), lay this matter to rest.

1989Our recent decision in Gould v. O’Bannon, Ky., 770 S.W.2d 220 (1989), finality June 8,1989, and our decision of long standing in Happy v. Erwin, Ky., 330 S.W.2d 412 (1959), lay this matter to rest.

11989–1989

Where else courts name it

PA 126 (1965–2026) NC 72 (1980–2026) GA 67 (1981–2026) FL 47 (1970–2026) CT 44 (1981–2024) OH 43 (1971–2021) TX 33 (1989–2023) AR 31 (1990–2025) VA 26 (1989–2025) MD 26 (1972–2026) MO 19 (1977–2017) CA 18 (1947–2019) NY 18 (1955–2025) DE 16 (1963–2024) WI 15 (1964–2026) AL 15 (1975–2014) MS 14 (1981–2014) KY 12 (1963–2025) CO 11 (1977–2026) SD 10 (1995–2026) NM 7 (1971–2014) AZ 5 (1967–2001) DC 4 (1992–2010) IN 4 (1968–2010) MA 4 (1995–2015) MI 4 (1961–2002) WA 4 (1983–1996) IA 4 (1974–2018) NJ 4 (1974–2017) OR 3 (1963–2008) SC 3 (1984–1994) VT 3 (1964–2024) IL 3 (1992–1996) MT 3 (1972–2009) TN 2 (1986–2006) WY 2 (1980–2025) WV 2 (1987–1998) MN 2 (1989–1996) AK 2 (1979–2009) OK 2 (1981–1986) ME 2 (1993–2023) ND 2 (1994–2021)

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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