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re: CBS, Sporting News: Petrino will be fired
Posted on 4/6/12 at 4:29 pm to jddawg58
Posted on 4/6/12 at 4:29 pm to jddawg58
quote:
Title VII has $300,000 cap which does not include attorney fees or backpay and benefits which are equitable in nature
Thank you, the state can be sued but there is a cap
It will not cost them millons as infered by those throwing salt in the Arkansas wound.
The University is not 100% immune as the Petrino apologists implied
2
Posted on 4/6/12 at 4:31 pm to KillianRussell
quote:
Thank you, the state can be sued but there is a cap
It will not cost them millons as infered by those throwing salt in the Arkansas wound.
The University is not 100% immune as the Petrino apologists implied
the bad publicity from any such trial would cost them more than she would ever get.
Posted on 4/6/12 at 4:35 pm to KillianRussell
5. Constitutional law -- sovereign immunity -- suits against State forbidden. -- The Arkansas Constitution expressly forbids suits against the State, providing that "[t]he State of Arkansas shall never be made a defendant in any of her courts" [Ark. Const. art. 5, § 20].
6. Constitutional law -- sovereign immunity -- jurisdictional. -- Sovereign immunity is jurisdictional immunity from suit; jurisdiction must be determined entirely from the pleadings; where the pleadings show the action is one against the State, the trial court acquires no jurisdiction.
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
8. Constitutional law -- sovereign immunity -- suit against state university barred. --A suit against a state university or its board of trustees is a suit against the State and is barred by the doctrine of sovereign immunity.
9. Constitutional law -- sovereign immunity -- barred appellee's action where finding in appellee's favor would necessarily subject State to financial liability. -- If a judgment for the plaintiff will operate to control the action of the State or subject it to liability, the suit is one against the State and is barred by the doctrine of sovereign immunity; the General Assembly has provided that UAMS's costs and expenses will be borne by the State of Arkansas [Ark. Code Ann. § 6-64-403 (Repl. 1996)]; where a finding for appellee against UAMS would necessarily subject the State of Arkansas to financial liability, sovereign immunity barred such an action unless it had been waived, and no argument of waiver was made below or to the supreme court.
10. Constitutional law -- sovereign immunity -- proper avenue for redress is to file claim with Arkansas Claims Commission. -- Appellee failed to follow the proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission [Ark. Code Ann. § 19-10-204 (Supp. 2001)].
6. Constitutional law -- sovereign immunity -- jurisdictional. -- Sovereign immunity is jurisdictional immunity from suit; jurisdiction must be determined entirely from the pleadings; where the pleadings show the action is one against the State, the trial court acquires no jurisdiction.
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
8. Constitutional law -- sovereign immunity -- suit against state university barred. --A suit against a state university or its board of trustees is a suit against the State and is barred by the doctrine of sovereign immunity.
9. Constitutional law -- sovereign immunity -- barred appellee's action where finding in appellee's favor would necessarily subject State to financial liability. -- If a judgment for the plaintiff will operate to control the action of the State or subject it to liability, the suit is one against the State and is barred by the doctrine of sovereign immunity; the General Assembly has provided that UAMS's costs and expenses will be borne by the State of Arkansas [Ark. Code Ann. § 6-64-403 (Repl. 1996)]; where a finding for appellee against UAMS would necessarily subject the State of Arkansas to financial liability, sovereign immunity barred such an action unless it had been waived, and no argument of waiver was made below or to the supreme court.
10. Constitutional law -- sovereign immunity -- proper avenue for redress is to file claim with Arkansas Claims Commission. -- Appellee failed to follow the proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission [Ark. Code Ann. § 19-10-204 (Supp. 2001)].
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