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re: Parents of slain student file claim against AU.
Posted on 1/25/14 at 9:09 am to Prof
Posted on 1/25/14 at 9:09 am to Prof
quote:
Yes all have sovereign immunity laws. I haven't argued otherwise.
No, what you argued was that Alabama had some type of unprecedent system of protecting the state, which simply is not true. Alabama law does two things - caps damages and sets up an alternative resolution method outside the court system. The facts I linked to prove that both systems are quite common, with 11 states having an alternative claims method and all but 14 having damage caps. In most cases, the states that set damage caps set it far lower than Alabama's $1,000,000 limit so even if you're allowed to sue you're limited in the award.
1
Posted on 1/25/14 at 9:54 am to JustGetItRight
quote:
No, what you argued was that Alabama had some type of unprecedent system of protecting the state, which simply is not true. Alabama law does two things - caps damages and sets up an alternative resolution method outside the court system. The facts I linked to prove that both systems are quite common, with 11 states having an alternative claims method and all but 14 having damage caps. In most cases, the states that set damage caps set it far lower than Alabama's $1,000,000 limit so even if you're allowed to sue you're limited in the award.
In most states this wouldn't a sovereign immunity case at all. This would be a direct lawsuit. You're arguing over a concept that I don't dispute exists. A lot of states also have their own quirks and oddities in the way they handle laws, I'm not sure why you find that offensive. Louisiana for example is funky as hell compared to others.
This post was edited on 1/25/14 at 9:57 am
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