waiver of sovereign immunity (Idaho) · Go Syfert
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waiver of sovereign immunity in Idaho

6 Idaho opinions name it 1 courts 1992–2019 0 in the last five years

The cases below were cited by Idaho 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 (6)

CaseFollowedCited
Nevada v. Hallred
scotus · 1979 · cited in 2 Idaho opinions naming this issue, 2012–2012
2 sentences

2012See id. at 543 , 122 S.Ct. at 1005-06 , 152 L.Ed.2d at 38 (“ ‘[0]nly the sovereign’s own consent could qualify the absolute character of [its] immunity’ from suit in its own courts.” (citing Nevada v. Hall, 440 U.S. 410, 414 , 99 S.Ct. 1182, 1185 , 59 L.Ed.2d 416,421 (1979)) (second alteration in original)).

2012See id. at 543 , 122 S.Ct. at 1005-06 , 152 L.Ed.2d at 38 (“ ‘[0]nly the sovereign’s own consent could qualify the absolute character of [its] immunity’ from suit in its own courts.” (citing Nevada v. Hall, 440 U.S. 410, 414 , 99 S.Ct. 1182, 1185 , 59 L.Ed.2d 416,421 (1979)) (second alteration in original)).

22
Van v. Portneuf Medical Centergreen
idaho · 2009 · cited in 1 Idaho opinions naming this issue, 2019–2019
2 sentences

2019See Van, 147 Idaho at 558 , 212 P.3d at 988 ; Sanchez v. State, Dep’t of Corr., 143 Idaho 239, 244 , 141 P.3d 1108, 1113 (2006) (“It is the general rule that, under the doctrine of sovereign immunity, a governmental unit can only be sued upon its consent.”).

2019See Van, 147 Idaho at 558 , 212 P.3d at 988 ; Sanchez v. State, Dep’t of Corr., 143 Idaho 239, 244 , 141 P.3d 1108, 1113 (2006) (“It is the general rule that, under the doctrine of sovereign immunity, a governmental unit can only be sued upon its consent.”).

11
Sanchez v. Stategreen
idaho · 2006 · cited in 1 Idaho opinions naming this issue, 2019–2019
2 sentences

2019See Van, 147 Idaho at 558 , 212 P.3d at 988 ; Sanchez v. State, Dep’t of Corr., 143 Idaho 239, 244 , 141 P.3d 1108, 1113 (2006) (“It is the general rule that, under the doctrine of sovereign immunity, a governmental unit can only be sued upon its consent.”).

2019See Van, 147 Idaho at 558 , 212 P.3d at 988 ; Sanchez v. State, Dep’t of Corr., 143 Idaho 239, 244 , 141 P.3d 1108, 1113 (2006) (“It is the general rule that, under the doctrine of sovereign immunity, a governmental unit can only be sued upon its consent.”).

11
Santa Clara Pueblo v. Martinezgreen
scotus · 1978 · cited in 1 Idaho opinions naming this issue, 2016–2016
2 sentences

2016See Santa Clara Pueblo, 436 U.S. at 58-59 , 98 S.Ct. at 1676-77 , 56 L.Ed.2d at 114-16 (1978) (citing to a case involving the United States’ waiver of sovereignty to analyze a tribe’s waiver).

2016See Santa Clara Pueblo, 436 U.S. at 58-59 , 98 S.Ct. at 1676-77 , 56 L.Ed.2d at 114-16 (1978) (citing to a case involving the United States’ waiver of sovereignty to analyze a tribe’s waiver).

11
Raygor v. Regents of the University of Minnesotagreen
scotus · 2000 · cited in 1 Idaho opinions naming this issue, 2012–2012
2 sentences

2012See id. at 543 , 122 S.Ct. at 1005-06 , 152 L.Ed.2d at 38 (“ ‘[0]nly the sovereign’s own consent could qualify the absolute character of [its] immunity’ from suit in its own courts.” (citing Nevada v. Hall, 440 U.S. 410, 414 , 99 S.Ct. 1182, 1185 , 59 L.Ed.2d 416,421 (1979)) (second alteration in original)).

2012See id. at 543 , 122 S.Ct. at 1005-06 , 152 L.Ed.2d at 38 (“ ‘[0]nly the sovereign’s own consent could qualify the absolute character of [its] immunity’ from suit in its own courts.” (citing Nevada v. Hall, 440 U.S. 410, 414 , 99 S.Ct. 1182, 1185 , 59 L.Ed.2d 416,421 (1979)) (second alteration in original)).

11
Dellmuth v. Muthgreen
scotus · 1989 · cited in 1 Idaho opinions naming this issue, 1992–1992
2 sentences

1992This approach was employed in Dellmuth v. Muth, 491 U.S. at 231-32, 109 S.Ct. at 2402 , and Hoffman v. Connecticut, 492 U.S. at 100-03 , 109 S.Ct. at 2822-23, to ignore what were possibly the best interpretations of the statute, because other alternate interpretations existed.

1992This approach was employed in Dellmuth v. Muth, 491 U.S. at 231-32, 109 S.Ct. at 2402 , and Hoffman v. Connecticut, 492 U.S. at 100-03 , 109 S.Ct. at 2822-23, to ignore what were possibly the best interpretations of the statute, because other alternate interpretations existed.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Carey Mills v. United States green
ca9 · 2014
2 sentences

2019Id.

2019Id.

12019–2019
Hoffman v. Connecticut Department of Income Maintenance green
scotus · 1989
1 sentence

1992This approach was employed in Dellmuth v. Muth, 491 U.S. at 231-32, 109 S.Ct. at 2402 , and Hoffman v. Connecticut, 492 U.S. at 100-03 , 109 S.Ct. at 2822-23, to ignore what were possibly the best interpretations of the statute, because other alternate interpretations existed.

11992–1992
Indian Towing Co. v. United States green
scotus · 1955
2 sentences

1992Indian Towing v. United States, 350 U.S. 61, 68 , 76 S.Ct. 122, 126 , 100 L.Ed. 48 (1955).

1992Indian Towing v. United States, 350 U.S. 61, 68 , 76 S.Ct. 122, 126 , 100 L.Ed. 48 (1955).

11992–1992
Block v. North Dakota Ex Rel. Board of University & School Lands green
scotus · 1983
2 sentences

1992Once a waiver of sovereign immunity is found to exist, “those conditions must be strictly observed, and exceptions are not to be lightly implied.” Block v. North Dakota, 461 U.S. 273, 287 , 103 S.Ct. 1811, 1820 , 75 L.Ed.2d 840 (1983).

1992Once a waiver of sovereign immunity is found to exist, “those conditions must be strictly observed, and exceptions are not to be lightly implied.” Block v. North Dakota, 461 U.S. 273, 287 , 103 S.Ct. 1811, 1820 , 75 L.Ed.2d 840 (1983).

11992–1992
Loeffler v. Frank green
scotus · 1988
2 sentences

1992I agree with the majority that “[ajbsent a waiver of sovereign immunity by Congress, the United States cannot be sued,” ante at 292 (citing Loeffler v. Frank, 486 U.S. 549 , 108 S.Ct. 1965 , 100 L.Ed.2d 549 (1988)), and that the conditions of a waiver “must be strictly observed, and exceptions are not to be lightly implied.” Ante at 292 (quoting Block v. North Dakota, 461 U.S. 273, 287 , 103 S.Ct. 1811, 1820 , 75 L.Ed.2d 840 (1983)).

1992I agree with the majority that “[ajbsent a waiver of sovereign immunity by Congress, the United States cannot be sued,” ante at 292 (citing Loeffler v. Frank, 486 U.S. 549 , 108 S.Ct. 1965 , 100 L.Ed.2d 549 (1988)), and that the conditions of a waiver “must be strictly observed, and exceptions are not to be lightly implied.” Ante at 292 (quoting Block v. North Dakota, 461 U.S. 273, 287 , 103 S.Ct. 1811, 1820 , 75 L.Ed.2d 840 (1983)).

11992–1992

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (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

TX 468 (1977–2026) GA 238 (1975–2026) FL 104 (1975–2026) MO 68 (1981–2025) NE 40 (1985–2024) CT 34 (1981–2024) NC 33 (1979–2026) NY 31 (1952–2025) MD 26 (1976–2026) NJ 26 (1961–2026) VA 24 (2001–2026) KY 24 (1989–2025) HI 24 (1964–2025) PA 20 (1946–2024) CA 19 (1981–2020) OK 19 (1979–2020) MA 17 (1981–2025) CO 16 (1992–2025) WA 16 (1979–2025) NM 16 (1994–2022) MS 15 (1993–2016) TN 14 (1998–2026) IL 14 (1992–2025) LA 13 (1990–2023) IA 13 (1986–2024) AK 10 (1972–2009) DE 10 (1972–2025) VT 10 (1987–2025) RI 9 (1992–2017) MT 9 (1979–2023) MN 9 (1994–2024) AR 9 (1997–2017) NH 8 (1977–2025) WI 8 (1985–2021) OH 7 (1974–2015) SC 7 (1959–2021) ID 6 (1992–2019) ME 6 (2005–2017) IN 5 (2006–2020) DC 4 (1986–2010) NV 3 (1950–1988) AZ 3 (1985–2020) SD 3 (1990–1998) KS 2 (1975–1994) AL 2 (2014–2017) UT 2 (2005–2014) VI 2 (2004–2013)

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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