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re: Parents of slain student file claim against AU.
Posted on 1/24/14 at 11:29 pm to JustGetItRight
Posted on 1/24/14 at 11:29 pm to JustGetItRight
quote:
In case you don't care to download the paper, I'll summarize for you. All of the states have some form of sovereign immunity. 36 have set damages caps and of those 36, 28 set damage caps equal or less than Alabama's cap of $1,000,000. Some (actually most) of them much lower - Arkansas is $12,500 and Connecticut is $7,500. 11 of the states have a board of adjustment/claims to hear the matter.
Yes all have sovereign immunity laws. I haven't argued otherwise.
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.
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