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8 Connecticut opinions name it 2 courts 2011–2020 0 in the last five years
The cases below were cited by Connecticut 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 |
|---|---|---|
DaimlerChrysler Corp. v. Lawgreen2 sentences2016Id. ; see also Giannoni v. Commissioner of Transportation , 322 Conn. 344 , 349, 141 A.3d 784 (2016) ("sovereign immunity implicates [a court's] subject matter jurisdiction" [internal quotation marks omitted] ); Chief Information Officer v. Computers Plus Center, Inc. , 310 Conn. 60 , 79, 74 A.3d 1242 (2013) (same); Nelson v. Dettmer , 305 Conn. 654 , 660, 46 A.3d 916 (2012) (same); Miller v. Egan , 265 Conn. 301 , 313, 828 A.2d 549 (2003) (same). 9 The principles governing statutory waivers of sovereign immunity are well established. "[A] litigant that seeks to overcome the presumption of sov 2012The presumption of sovereign immunity is not absolute and may be overcome "(1) when the legislature, either expressly or by force of a necessary implication, statutorily waives the state's sovereign immunity... (2) when an action seeks declaratory or injunctive relief on the basis of a substantial claim that the state or one of its officers has violated the plaintiff's constitutional rights ... and (3) when an action seeks declaratory or injunctive relief on the basis of a substantial allegation of wrongful conduct to promote an illegal purpose in excess of the officer's statutory authority." | 1 | 3 |
Giannoni v. Commissioner of Transportationgreen2 sentences2016Id. ; see also Giannoni v. Commissioner of Transportation , 322 Conn. 344 , 349, 141 A.3d 784 (2016) ("sovereign immunity implicates [a court's] subject matter jurisdiction" [internal quotation marks omitted] ); Chief Information Officer v. Computers Plus Center, Inc. , 310 Conn. 60 , 79, 74 A.3d 1242 (2013) (same); Nelson v. Dettmer , 305 Conn. 654 , 660, 46 A.3d 916 (2012) (same); Miller v. Egan , 265 Conn. 301 , 313, 828 A.2d 549 (2003) (same). 9 The principles governing statutory waivers of sovereign immunity are well established. "[A] litigant that seeks to overcome the presumption of sov 2016Id. ; see also Giannoni v. Commissioner of Transportation , 322 Conn. 344 , 349, 141 A.3d 784 (2016) ("sovereign immunity implicates [a court's] subject matter jurisdiction" [internal quotation marks omitted] ); Chief Information Officer v. Computers Plus Center, Inc. , 310 Conn. 60 , 79, 74 A.3d 1242 (2013) (same); Nelson v. Dettmer , 305 Conn. 654 , 660, 46 A.3d 916 (2012) (same); Miller v. Egan , 265 Conn. 301 , 313, 828 A.2d 549 (2003) (same). 9 The principles governing statutory waivers of sovereign immunity are well established. "[A] litigant that seeks to overcome the presumption of sov | 1 | 1 |
Doe v. Heintzgreen2 sentences2014Our Supreme Court has held that a plaintiff seeking to overcome the presumption of sovereign immunity must show that ‘‘(1) the legislature, either expressly or by force of a necessary implication, statu- torily waived the state’s sovereign immunity . . . or (2) in an action for declaratory or injunctive relief, the state officer or officers against whom such relief is sought acted in excess of statutory authority, or pursu- ant to an unconstitutional statute.’’ (Citation omitted.) Miller v. Egan, supra, 265 Conn. 314 ; see also Doe v. Heintz, 204 Conn. 17, 31 , 526 A.2d 1318 (1987) (‘‘[s]over- 2014Our Supreme Court has held that a plaintiff seeking to overcome the presumption of sovereign immunity must show that ‘‘(1) the legislature, either expressly or by force of a necessary implication, statu- torily waived the state’s sovereign immunity . . . or (2) in an action for declaratory or injunctive relief, the state officer or officers against whom such relief is sought acted in excess of statutory authority, or pursu- ant to an unconstitutional statute.’’ (Citation omitted.) Miller v. Egan, supra, 265 Conn. 314 ; see also Doe v. Heintz, 204 Conn. 17, 31 , 526 A.2d 1318 (1987) (‘‘[s]over- | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. Rudolph
green
2 sentences2020The general principles governing sovereign immunity are well established. ‘‘[W]e have long recognized the validity of the common-law principle that the state can- not be sued without its consent . . . .’’ (Internal quota- tion marks omitted.) Smith v. Rudolph, 330 Conn. 138, 143 , 191 A.3d 992 (2018). ‘‘[A] litigant that seeks to overcome the presumption of sovereign immunity [pur- suant to a statutory waiver] must show that . . . the legislature, either expressly or by force of a necessary implication, statutorily waived the state’s sovereign immunity . . . . 2020The general principles governing sovereign immunity are well established. ‘‘[W]e have long recognized the validity of the common-law principle that the state can- not be sued without its consent . . . .’’ (Internal quota- tion marks omitted.) Smith v. Rudolph, 330 Conn. 138, 143 , 191 A.3d 992 (2018). ‘‘[A] litigant that seeks to overcome the presumption of sovereign immunity [pur- suant to a statutory waiver] must show that . . . the legislature, either expressly or by force of a necessary implication, statutorily waived the state’s sovereign immunity . . . . | 1 | 2020–2020 |
Cox v. Aiken
green
2 sentences2018The general principles governing sovereign immunity are well established. "[W]e have long recognized the validity of the common-law principle that the state cannot be sued without its consent ...." (Internal quotation marks omitted.) Cox v. Aiken , 278 Conn. 204 , 211, 897 A.2d 71 (2006). "[A] litigant that seeks to overcome the presumption of sovereign immunity [pursuant to a statutory waiver] must show that ... the legislature, either expressly or by force of a necessary implication, statutorily waived the state's sovereign immunity .... 2018The general principles governing sovereign immunity are well established. "[W]e have long recognized the validity of the common-law principle that the state cannot be sued without its consent ...." (Internal quotation marks omitted.) Cox v. Aiken , 278 Conn. 204 , 211, 897 A.2d 71 (2006). "[A] litigant that seeks to overcome the presumption of sovereign immunity [pursuant to a statutory waiver] must show that ... the legislature, either expressly or by force of a necessary implication, statutorily waived the state's sovereign immunity .... | 1 | 2018–2018 |
Miller v. Egan
green
2 sentences2016Id. ; see also Giannoni v. Commissioner of Transportation , 322 Conn. 344 , 349, 141 A.3d 784 (2016) ("sovereign immunity implicates [a court's] subject matter jurisdiction" [internal quotation marks omitted] ); Chief Information Officer v. Computers Plus Center, Inc. , 310 Conn. 60 , 79, 74 A.3d 1242 (2013) (same); Nelson v. Dettmer , 305 Conn. 654 , 660, 46 A.3d 916 (2012) (same); Miller v. Egan , 265 Conn. 301 , 313, 828 A.2d 549 (2003) (same). 9 The principles governing statutory waivers of sovereign immunity are well established. "[A] litigant that seeks to overcome the presumption of sov 2016Id. ; see also Giannoni v. Commissioner of Transportation , 322 Conn. 344 , 349, 141 A.3d 784 (2016) ("sovereign immunity implicates [a court's] subject matter jurisdiction" [internal quotation marks omitted] ); Chief Information Officer v. Computers Plus Center, Inc. , 310 Conn. 60 , 79, 74 A.3d 1242 (2013) (same); Nelson v. Dettmer , 305 Conn. 654 , 660, 46 A.3d 916 (2012) (same); Miller v. Egan , 265 Conn. 301 , 313, 828 A.2d 549 (2003) (same). 9 The principles governing statutory waivers of sovereign immunity are well established. "[A] litigant that seeks to overcome the presumption of sov | 1 | 2016–2016 |
Housatonic Railroad v. Commissioner of Revenue Services
green
2 sentences2012“To overcome the presumption of sovereign immunity ... a plaintiff seeking to bring a claim against the state must establish that an exception to the doctrine applies.” (Citation omitted; internal quotation marks omitted.) Housatonic Railroad Co. v. Commissioner of Revenue Services, 301 Conn. 268, 275 , 21 A.3d 759 (2011). 2012“To overcome the presumption of sovereign immunity ... a plaintiff seeking to bring a claim against the state must establish that an exception to the doctrine applies.” (Citation omitted; internal quotation marks omitted.) Housatonic Railroad Co. v. Commissioner of Revenue Services, 301 Conn. 268, 275 , 21 A.3d 759 (2011). | 1 | 2012–2012 |
C. R. Klewin Northeast, LLC v. Fleming
green
2 sentences2011Klewin Northeast, LLC v. Fleming, supra, 284 Conn. at 258 , 932 A.2d 1053 ("a litigant that seeks to overcome the presumption of sovereign immunity" must demonstrate statutory waiver). 2011Klewin Northeast, LLC v. Fleming, supra, 284 Conn. at 258 , 932 A.2d 1053 ("a litigant that seeks to overcome the presumption of sovereign immunity" must demonstrate statutory waiver). | 1 | 2011–2011 |
Envirotest Systems Corp. v. Commissioner of Motor Vehicles
green
1 sentence2011Leaving that burden to a plaintiff is entirely consistent with what our Supreme Court has termed its "long-standing adherence to the strict requirements for a waiver of such immunity." Envirotest Systems Corp. v. Commissioner of Motor Vehicles, supra, at 389 n. 5, 978 A.2d 49 . | 1 | 2011–2011 |
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.