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10 Kentucky opinions name it 2 courts 2012–2020 0 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.
| Case | Followed | Cited |
|---|---|---|
Comair, Inc. v. Lexington-Fayette Urban County Airport Corp.green2 sentences2020See Bryant v. Louisville Metro Housing Authority, 568 S.W.3d 839 , 845–46 (Ky. 2019). 6 Bryant, at 846 (“[G]overnmental immunity is an extension of the parent’s sovereign immunity.”). 7 295 S.W.3d 91 (2009). 4 agency (or alter ego) of [said] clearly immune entity.”8 A government function is “integral” if, taken as a whole and on balance,9 it involves a statewide policy concern and its function is necessary or essential to address that concern.10 The state government engages in many programs and projects, but “state-level government concerns” for our purposes include fundamental functions like 2020See Bryant v. Louisville Metro Housing Authority, 568 S.W.3d 839 , 845–46 (Ky. 2019). 6 Bryant, at 846 (“[G]overnmental immunity is an extension of the parent’s sovereign immunity.”). 7 295 S.W.3d 91 (2009). 4 agency (or alter ego) of [said] clearly immune entity.”8 A government function is “integral” if, taken as a whole and on balance,9 it involves a statewide policy concern and its function is necessary or essential to address that concern.10 The state government engages in many programs and projects, but “state-level government concerns” for our purposes include fundamental functions like | 1 | 3 |
Kentucky Center for the Arts Corp. v. Bernsyellow2 sentences2012Specifically, the Comair test mandates a case-by-case analysis focusing, in general, on "whether the entity exercises a governmental function, which [ ] means a 'function integral to state government.” 295 S.W.3d at 99 (citing Bems, 801 S.W.2d at 332 ). 2012Specifically, the Comair test mandates a case-by-case analysis focusing, in general, on "whether the entity exercises a governmental function, which [ ] means a 'function integral to state government.” 295 S.W.3d at 99 (citing Bems, 801 S.W.2d at 332 ). | 1 | 2 |
Bryant v. Louisville Metro Hous. Auth.green2 sentences2020See Bryant v. Louisville Metro Housing Authority, 568 S.W.3d 839 , 845–46 (Ky. 2019). 6 Bryant, at 846 (“[G]overnmental immunity is an extension of the parent’s sovereign immunity.”). 7 295 S.W.3d 91 (2009). 4 agency (or alter ego) of [said] clearly immune entity.”8 A government function is “integral” if, taken as a whole and on balance,9 it involves a statewide policy concern and its function is necessary or essential to address that concern.10 The state government engages in many programs and projects, but “state-level government concerns” for our purposes include fundamental functions like 2020See Bryant v. Louisville Metro Housing Authority, 568 S.W.3d 839 , 845–46 (Ky. 2019). 6 Bryant, at 846 (“[G]overnmental immunity is an extension of the parent’s sovereign immunity.”). 7 295 S.W.3d 91 (2009). 4 agency (or alter ego) of [said] clearly immune entity.”8 A government function is “integral” if, taken as a whole and on balance,9 it involves a statewide policy concern and its function is necessary or essential to address that concern.10 The state government engages in many programs and projects, but “state-level government concerns” for our purposes include fundamental functions like | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilson v. City of Central City
green
2 sentences2020But even if we were to conclude that MSD is now an agency of the Metro Government, it still fails the second part of the Comair test. 6 As the Wilson court noted, “had the legislature intended the Whistleblower Act to apply broadly to municipalities, it would have explicitly included them in their definition of ‘employer.’” 372 S.W.3d at 867 . 2020But even if we were to conclude that MSD is now an agency of the Metro Government, it still fails the second part of the Comair test. 6 As the Wilson court noted, “had the legislature intended the Whistleblower Act to apply broadly to municipalities, it would have explicitly included them in their definition of ‘employer.’” 372 S.W.3d at 867 . | 3 | 2020–2020 |
Yanero v. Davis
green
2 sentences2020Furthermore, contrary to Huddleston’s claim, the Corporation’s immunity status is distinguishable from that of the Kentucky High School Athletic -11- Association (hereinafter “KHSAA”) in Yanero, 65 S.W.3d 510 . 2020Furthermore, contrary to Huddleston’s claim, the Corporation’s immunity status is distinguishable from that of the Kentucky High School Athletic -11- Association (hereinafter “KHSAA”) in Yanero, 65 S.W.3d 510 . | 1 | 2020–2020 |
Workforce Development Cabinet v. Gaines
green
2 sentences2020I agree with the majority’s Comair analysis and that NKADD is not “the Commonwealth of Kentucky or any of its political subdivisions.” However, I note the second sentence adds to the definition of “employer” and expressly provides, “[e]mployer also includes any person authorized to act on behalf of the Commonwealth, or any of its political subdivisions, with respect to formulation of policy or the supervision, in a managerial capacity, of subordinate employees.” Id. (emphasis added). 2020I agree with the majority’s Comair analysis and that NKADD is not “the Commonwealth of Kentucky or any of its political subdivisions.” However, I note the second sentence adds to the definition of “employer” and expressly provides, “[e]mployer also includes any person authorized to act on behalf of the Commonwealth, or any of its political subdivisions, with respect to formulation of policy or the supervision, in a managerial capacity, of subordinate employees.” Id. (emphasis added). | 1 | 2020–2020 |
Coppage Construction Co. v. Sanitation District No. 1
green
2 sentences2019This second prong of the Comair test “addresses two elements: whether the entity’s function is ‘governmental’ as opposed to proprietary, and whether it is a matter of ‘statewide’ concern.” Coppage, 459 S.W.3d at 862 . 2019This second prong of the Comair test “addresses two elements: whether the entity’s function is ‘governmental’ as opposed to proprietary, and whether it is a matter of ‘statewide’ concern.” Coppage, 459 S.W.3d at 862 . | 1 | 2019–2019 |
Transit Authority of River City v. Bibelhauser
green
2 sentences2015Bibelhauser, 432 S.W.3d at 174-175 . 2015Bibelhauser, 432 S.W.3d at 174-175 . | 1 | 2015–2015 |
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.