statute waiving sovereign immunity (Rhode Island) · Go Syfert
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statute waiving sovereign immunity in Rhode Island

8 Rhode Island opinions name it 2 courts 1982–2009 0 in the last five years

The cases below were cited by Rhode Island 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 (4)

CaseFollowedCited
Andrade v. Stategreen
ri · 1982 · cited in 5 Rhode Island opinions naming this issue, 1994–2009
2 sentences

2009Regan Construction Corp. v. Mayer , 712 A.2d 372 , 373 (R.I. 1998) ("When a statute purporting to waive any aspect of the state's sovereign immunity is examined, the language of the statute must be closely parsed and strictly construed.") (citing Clark-Fitzpatrick v. Gill , 652 A.2d 440 , 452 (R.I. 1994)); see also Mulvaney v. Napolitano , 671 A.2d 312 (R.I. 1995) ("The Legislature did not intend to deprive the State of any sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the statutory language.") (quoting Andrade v. State , 448 A.2d 1293

2009Regan Construction Corp. v. Mayer , 712 A.2d 372 , 373 (R.I. 1998) ("When a statute purporting to waive any aspect of the state's sovereign immunity is examined, the language of the statute must be closely parsed and strictly construed.") (citing Clark-Fitzpatrick v. Gill , 652 A.2d 440 , 452 (R.I. 1994)); see also Mulvaney v. Napolitano , 671 A.2d 312 (R.I. 1995) ("The Legislature did not intend to deprive the State of any sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the statutory language.") (quoting Andrade v. State , 448 A.2d 1293

35
Reagan Construction Corp. v. Mayergreen
ri · 1998 · cited in 2 Rhode Island opinions naming this issue, 2007–2009
2 sentences

2009Regan Construction Corp. v. Mayer , 712 A.2d 372 , 373 (R.I. 1998) ("When a statute purporting to waive any aspect of the state's sovereign immunity is examined, the language of the statute must be closely parsed and strictly construed.") (citing Clark-Fitzpatrick v. Gill , 652 A.2d 440 , 452 (R.I. 1994)); see also Mulvaney v. Napolitano , 671 A.2d 312 (R.I. 1995) ("The Legislature did not intend to deprive the State of any sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the statutory language.") (quoting Andrade v. State , 448 A.2d 1293

2007In Andrade v. State, 448 A.2d 1293 (R.I. 1982), this Court held: “It is * * * the general rule that a statute waiving sovereign immunity, which is also in derogation of common law, must be strictly construed and whatever right of recovery is to be ascertained against the state must be expressly mentioned in the waiver of the immunity statute.” Id. at 1294 (citing Brown University v. Granger, 19 R.I. 704, 708 , 36 A. 720 , 721-22 (1897)); see also Donnelly v. Town of Lincoln, 730 A.2d 5, 10 (R.I.1999); Reagan Construction Corp. v. Mayer, 712 A.2d 372, 373 (R.I.1998).

22
Mulvaney v. Napolitanogreen
ri · 1995 · cited in 1 Rhode Island opinions naming this issue, 2009–2009
2 sentences

2009Regan Construction Corp. v. Mayer , 712 A.2d 372 , 373 (R.I. 1998) ("When a statute purporting to waive any aspect of the state's sovereign immunity is examined, the language of the statute must be closely parsed and strictly construed.") (citing Clark-Fitzpatrick v. Gill , 652 A.2d 440 , 452 (R.I. 1994)); see also Mulvaney v. Napolitano , 671 A.2d 312 (R.I. 1995) ("The Legislature did not intend to deprive the State of any sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the statutory language.") (quoting Andrade v. State , 448 A.2d 1293

2009Regan Construction Corp. v. Mayer , 712 A.2d 372 , 373 (R.I. 1998) ("When a statute purporting to waive any aspect of the state's sovereign immunity is examined, the language of the statute must be closely parsed and strictly construed.") (citing Clark-Fitzpatrick v. Gill , 652 A.2d 440 , 452 (R.I. 1994)); see also Mulvaney v. Napolitano , 671 A.2d 312 (R.I. 1995) ("The Legislature did not intend to deprive the State of any sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the statutory language.") (quoting Andrade v. State , 448 A.2d 1293

11
Donnelly v. Town of Lincolngreen
ri · 1999 · cited in 1 Rhode Island opinions naming this issue, 2007–2007
1 sentence

2007In Andrade v. State, 448 A.2d 1293 (R.I. 1982), this Court held: “It is * * * the general rule that a statute waiving sovereign immunity, which is also in derogation of common law, must be strictly construed and whatever right of recovery is to be ascertained against the state must be expressly mentioned in the waiver of the immunity statute.” Id. at 1294 (citing Brown University v. Granger, 19 R.I. 704, 708 , 36 A. 720 , 721-22 (1897)); see also Donnelly v. Town of Lincoln, 730 A.2d 5, 10 (R.I.1999); Reagan Construction Corp. v. Mayer, 712 A.2d 372, 373 (R.I.1998).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Brown University v. Granger green
ri · 1897
2 sentences

2007In Andrade v. State, 448 A.2d 1293 (R.I. 1982), this Court held: “It is * * * the general rule that a statute waiving sovereign immunity, which is also in derogation of common law, must be strictly construed and whatever right of recovery is to be ascertained against the state must be expressly mentioned in the waiver of the immunity statute.” Id. at 1294 (citing Brown University v. Granger, 19 R.I. 704, 708 , 36 A. 720 , 721-22 (1897)); see also Donnelly v. Town of Lincoln, 730 A.2d 5, 10 (R.I.1999); Reagan Construction Corp. v. Mayer, 712 A.2d 372, 373 (R.I.1998).

2004Brown University v. Granger, 19 R.I. 704 , 36 A. 720 (1897).

41982–2007
Clark-Fitzpatrick, Inc./Franki Foundation Co. v. Gill green
ri · 1994
2 sentences

2009Regan Construction Corp. v. Mayer , 712 A.2d 372 , 373 (R.I. 1998) ("When a statute purporting to waive any aspect of the state's sovereign immunity is examined, the language of the statute must be closely parsed and strictly construed.") (citing Clark-Fitzpatrick v. Gill , 652 A.2d 440 , 452 (R.I. 1994)); see also Mulvaney v. Napolitano , 671 A.2d 312 (R.I. 1995) ("The Legislature did not intend to deprive the State of any sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the statutory language.") (quoting Andrade v. State , 448 A.2d 1293

2009Regan Construction Corp. v. Mayer , 712 A.2d 372 , 373 (R.I. 1998) ("When a statute purporting to waive any aspect of the state's sovereign immunity is examined, the language of the statute must be closely parsed and strictly construed.") (citing Clark-Fitzpatrick v. Gill , 652 A.2d 440 , 452 (R.I. 1994)); see also Mulvaney v. Napolitano , 671 A.2d 312 (R.I. 1995) ("The Legislature did not intend to deprive the State of any sovereign power unless the intent to do so is clearly expressed or arises by necessary implication from the statutory language.") (quoting Andrade v. State , 448 A.2d 1293

12009–2009

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 9-21-10 (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

RI 8 (1982–2009) MO 7 (1989–2011) FL 7 (1979–2018) TN 3 (2017–2019) SD 3 (1983–2015) OR 2 (2017–2017) TX 2 (1995–1995)

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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