Hiển thị các bài đăng có nhãn sovereign immunity. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn sovereign immunity. Hiển thị tất cả bài đăng

Chủ Nhật, 10 tháng 8, 2008

Fla Supremes: State Agencies Can't Hide from Contract Liability

In Dep't of Envt'l Prot. v. ContractPoint, the Florida Supreme Court held that where an agency is found to have breached a contract, it may not hide behind a statutory provision requiring legislative authorization to pay the judgment.

As the Court handles it, this is a legislative interpretation question involving conflicting statutory intents (the dissent disagrees).

This is very important to anyone who contracts with state agencies (including, perhaps, development-type agreements, easement agreements and negotiated sales) and should be read by all.

I'm also guessing that this will result in a bunch of cases where folks try to find ways to frame cases as being based in contract rather than tort.

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