7 South Carolina opinions name it 2 courts 1959–2021 1 in the last five years
The cases below were cited by South Carolina 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 |
|---|---|---|
Ardestani v. Immigration & Naturalization Servicegreen1 sentence2021Ardestani v. Immigration and Naturalization Serv., 502 U.S. 129, 137 (1991) (noting the Equal Access to Justice Act—the State Action Statute's federal analog—must be "strictly construed"). | 1 | 1 |
cluster 439134green2 sentences2006See, e.g., Active Fire Sprinkler Corp. v. United States Postal Service, 811 F.2d 747, 752-753 (2nd Cir.1987) (“The Miller Act does not provide subcontractors with a right of recovery against the United States.”); Arvanis, 739 F.2d at 1290 (“[In the Miller Act] [t]here is clearly no waiver of sovereign immunity.”); Devlin Lumber & Supply Corp. v. United States, 488 F.2d 88, 89 (4th Cir.1973) (“[A] violation of the Miller Act does not create liability on the part of the government....”); Acousti Eng’g Co. of Florida v. United States, 15 Cl.Ct. 698, 701 (Cl.Ct.1988) (“The Miller Act does not give 2006However, this is not a gap that we can fill with a remedy.... ” Arvanis, 739 F.2d at 1290. | 1 | 1 |
Active Fire Sprinkler Corp. v. The United States Postal Service and John T. Brady and Company, Defendantsgreen1 sentence2006See, e.g., Active Fire Sprinkler Corp. v. United States Postal Service, 811 F.2d 747, 752-753 (2nd Cir.1987) (“The Miller Act does not provide subcontractors with a right of recovery against the United States.”); Arvanis, 739 F.2d at 1290 (“[In the Miller Act] [t]here is clearly no waiver of sovereign immunity.”); Devlin Lumber & Supply Corp. v. United States, 488 F.2d 88, 89 (4th Cir.1973) (“[A] violation of the Miller Act does not create liability on the part of the government....”); Acousti Eng’g Co. of Florida v. United States, 15 Cl.Ct. 698, 701 (Cl.Ct.1988) (“The Miller Act does not give | 1 | 1 |
Devlin Lumber and Supply Corporation v. United Statesgreen1 sentence2006See, e.g., Active Fire Sprinkler Corp. v. United States Postal Service, 811 F.2d 747, 752-753 (2nd Cir.1987) (“The Miller Act does not provide subcontractors with a right of recovery against the United States.”); Arvanis, 739 F.2d at 1290 (“[In the Miller Act] [t]here is clearly no waiver of sovereign immunity.”); Devlin Lumber & Supply Corp. v. United States, 488 F.2d 88, 89 (4th Cir.1973) (“[A] violation of the Miller Act does not create liability on the part of the government....”); Acousti Eng’g Co. of Florida v. United States, 15 Cl.Ct. 698, 701 (Cl.Ct.1988) (“The Miller Act does not give | 1 | 1 |
Acousti Engineering Co. v. United Statesgreen1 sentence2006See, e.g., Active Fire Sprinkler Corp. v. United States Postal Service, 811 F.2d 747, 752-753 (2nd Cir.1987) (“The Miller Act does not provide subcontractors with a right of recovery against the United States.”); Arvanis, 739 F.2d at 1290 (“[In the Miller Act] [t]here is clearly no waiver of sovereign immunity.”); Devlin Lumber & Supply Corp. v. United States, 488 F.2d 88, 89 (4th Cir.1973) (“[A] violation of the Miller Act does not create liability on the part of the government....”); Acousti Eng’g Co. of Florida v. United States, 15 Cl.Ct. 698, 701 (Cl.Ct.1988) (“The Miller Act does not give | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sloan Construction Co. v. Southco Grassing, Inc.
green
2 sentences2009In support of this position, the City cites footnote 5 in Sloan Construction, which states: “[A] claim for failure to enforce the bonding requirements of the SPPA is not properly brought pursuant to the [SCTCA] because the [SCTCA] does not act as a waiver of sovereign immunity when a governmental entity fails to enforce a statute.” 377 S.C. at 118 n. 5, 659 S.E.2d at 164 n. 5 (citing S.C.Code Ann. § 15-78-60(4) (2005)). 2009In support of this position, the City cites footnote 5 in Sloan Construction, which states: “[A] claim for failure to enforce the bonding requirements of the SPPA is not properly brought pursuant to the [SCTCA] because the [SCTCA] does not act as a waiver of sovereign immunity when a governmental entity fails to enforce a statute.” 377 S.C. at 118 n. 5, 659 S.E.2d at 164 n. 5 (citing S.C.Code Ann. § 15-78-60(4) (2005)). | 2 | 2009–2010 |
Jinks Ex Rel. Estate of Jinks v. Richland County
green
1 sentence2004Section 15-78-60 of the South Carolina Code provides several exceptions to the waiver of sovereign immunity. These exceptions act as limitations on the liability of a governmental entity. Id. at 344, 585 S.E.2d at 283 . | 1 | 2004–2004 |
Steinke v. SC DEPT. OF LABOR, LICENSING
green
2 sentences1999S.C.Code Ann. § 15-78-20(f) (Supp. 1998); Steinke v. South Carolina Dep’t of Labor, Licensing and Regulation, 336 S.C. 373 , 520 S.E.2d 142 (1999). 1999S.C.Code Ann. § 15-78-20(f) (Supp. 1998); Steinke v. South Carolina Dep’t of Labor, Licensing and Regulation, 336 S.C. 373 , 520 S.E.2d 142 (1999). | 1 | 1999–1999 |
Brooks v. One Motor Bus Carrying 1937-38 S. C. License V-1357, Motor No. 45590, Serial No. 40476
neutral
1 sentence1959In the case of Brooks v. One Motor Bus, 190 S. C. 379, 3 S. E. (2d) 42, 43 , this Court said: “As we understand the rule relating to the immunities attaching to sovereignty, such attributes are never to be considered as waived or surrendered by any inference or implication. | 1 | 1959–1959 |
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.