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7 Kentucky opinions name it 2 courts 2001–2024 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.
| Case | Followed | Cited |
|---|---|---|
Bach v. Bachgreen2 sentences2022It does not depend on Sections 230 and 231 of the Kentucky Constitution, and Haydon Bridge itself explicitly rejects such a reading: Although some cases suggest that Sections 230 and 231 are the source of sovereign immunity in Kentucky, e.g., Bach v. Bach, Ky., 288 S.W.2d 52, 54 (1956), those sections are more accurately viewed as delegating to the General Assembly the authority to waive the Commonwealth’s inherent immunity by direct appropriation of money from the state treasury and/or by specifying where and in what manner the Commonwealth may be sued. 2013Although some cases suggest that Sections 230 and 231 are the source of sovereign immunity in Kentucky, e.g., Bach v. Bach, Ky., 288 S.W.2d 52, 54 (1956), those sections are more accurately viewed as delegating to the General Assembly the authority to waive the Commonwealth’s inherent immunity by direct appropriation of money from the state treasury and/or by specifying where and in what manner the Commonwealth may be sued. | 3 | 3 |
Yanero v. Davisgreen2 sentences2009Thus, contrary to assertions sometimes found in our case law, Sections 230 and 231 of our Constitution are not the source of sovereign immunity in Kentucky, but are provisions that permit the General Assembly to waive the Commonwealth’s inherent immunity either by direct appropriation of money from the state treasury (Section 230) and/or by specifying where and in what manner the Commonwealth may be sued (Section 231)." Yanero v. Davis, 65 S.W.3d 510, 523-524 (Ky.2001) (internal citations omitted). . 2009Thus, contrary to assertions sometimes found in our case law, Sections 230 and 231 of our Constitution are not the source of sovereign immunity in Kentucky, but are provisions that permit the General Assembly to waive the Commonwealth's inherent immunity either by direct appropriation of money from the state treasury (Section 230) and/or by specifying where and in what manner the Commonwealth may be sued (Section 231)." Yanero v. Davis, 65 S.W.3d 510, 523-524 (Ky.2001) (internal citations omitted). [6] Yanero , which is presently the seminal Kentucky immunity case, did not expressly address th | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reyes v. Hardin County
green
2 sentences2022Haydon Bridge, 416 S.W.3d at 287 ;9 see also Reyes, 55 S.W.3d at 339 . 2001Reyes, supra, at 338 . | 2 | 2001–2022 |
Beshear v. Haydon Bridge Co.
green
1 sentence2022Haydon Bridge, 416 S.W.3d at 287 ;9 see also Reyes, 55 S.W.3d at 339 . | 1 | 2022–2022 |