sovereign immunity Archives - Parks Chesin & Walbert
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Court of Appeals Allows Enforcement Against State of Terms Outside Written Contract

The Georgia Court of Appeals continued its clarification of the Sovereign Immunity doctrine in the recent decision of RTT Associates, Inc. v. Georgia Dep’t of Labor, 2015 WL 4231879 (Ga. Ct. App. July 14, 2015).   In RTT Associates, the Georgia Department of Labor (the “Department”) entered into a written contract with RTT pursuant to which RTT would develop software for the Department.

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Court of Appeals Clarifies Procedural Hurdles To Whistleblower Protection Under TPFCA

The Court of Appeals recently explored the procedural and immunity implications of the Taxpayer Protection and False Claims Act (TPFCA) with respect to state universities and their officers and employees. In Fuciarelli v. McKinney, No. A15A0223, 2015 WL 4313845 (Ga. Ct. App. July 16, 2015), the Court held that a state university and its officers and employees – as public employees – are entitled to sovereign immunity in their official capacities when sued under the TPFCA. On the other hand, the Court clarified that a public employee is not required to obtain approval from the Attorney General before filing a retaliation suit under the TPFCA against other public employees in their individual capacities.

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Court of Appeals Distinguishes Between “Tiers” of Immunity for School Districts

The Court of Appeals recently clarified that a Georgia Statute waiving sovereign immunity for certain local government entities – O.C.G.A. § 33-24-51(b) – creates a two-tiered analysis under which the first tier explicitly excludes School Districts from a waiver, while the second tier waives immunity for School Districts. See Tift Cnty. Sch. Dist. v. Martinez, No. A14A1988, 2015 WL 1260071 (Ga. Ct. App. Mar. 20, 2015).

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