Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
AOC version of this week’s decisions can be accessed by clicking here.
Published Court of Appeals appellate cases for this week – April 1, 2016:
Links are to full text of PDF decision with AOC.
276. Sovereign immunity waived on employment contract with university
University of Louisville vs. Mark Rothstein
Court of Appeals Published Opinion affirming Franklin Cir Ct affirming summary judgment that sovereign immunity not apply to professor contract
The sole issue to be decided in this appeal is whether U of L enjoys sovereign immunity shielding it from suits related to employment contracts or if the waiver of immunity contained in the Kentucky Model Procurement Code (KMPC)1 for actions brought on written contracts is applicable to employment contracts. After careful consideration, we concluded “the Supreme Court applied the statute as a waiver of sovereign immunity in all contract actions against the Commonwealth and not only those subject to the Model Procurement Code.” Id. at 762 (emphasis added). Contrary to U of L’s vehement protestations and its lengthy semantic and public policy arguments, our holding in Samaritan Alliance would clearly extend to employment contracts. The Legislature’s enactment of KRS 45A.245 plainly constitutes an unqualified waiver of sovereign immunity on all written contracts with the Commonwealth—including employment contracts.
280. Juveniles. Status Offender. Habitual truants. Jurisdiction.
C.(J.L.), Child Under Eighteen vs. Commonwealth of Kentucky
Court of Appeals Published Opinion vacating Shelby Family Court disposition that all minors were found to be status offenders (habitual truants) because the family court did not have subject matter jurisdiction over the three juveniles’ cases.
Not to be published tort, insurance and civil procedure decisions: NONE.
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