Legal Opinion
Commonwealth v. Samaritan Alliance, LLC
Court of Appeals of Kentucky
Decided February 21, 2014No. 2012-CA-000745-MRPublishedCited by 7 opinions
1Opinion of the Court
*759 OPINION
MAZE, Judge:
The Cabinet for Health and Family Services and the Cabinet’s Secretary (collectively, “the Cabinet”) bring this interlocutory appeal from an order of the Franklin Circuit Court denying its motion to dismiss the breach of contract and fraud claims brought against it by Samaritan Alliance LLC, d/b/a Samaritan Hospital (“Samaritan”). The Cabinet argues that Samaritan’s claims for breach of contract and fraud are barred by the doctrine of sovereign or governmental immunity. We conclude that the legislature has waived the Cabinet’s immunity from the breach of contract claim by…
2Cases cited11 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Yanero v. DavisKentucky Supreme Court · 2001
- Rowan County v. SloasKentucky Supreme Court · 2006
- Breathitt County Board of Education v. PraterKentucky Supreme Court · 2009
- Lexington-Fayette Urban County Government v. SmolcicKentucky Supreme Court · 2004
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3Cited by7 opinions
- Baker v. FieldsMissouri Court of Appeals · 2018
- Bank of America, N.A. v. Corporex CompaniesDistrict Court, E.D. Kentucky · 2015
- Eastern Kentucky University v. Ohio Valley ConferenceCourt of Appeals of Kentucky · 2023
- Fidelity Brokerage Services LLC v. Estate of Nancy BoltonCourt of Appeals of Kentucky · 2026
- Jessica Saner v. Commonwealth of Kentucky, Cabinet for Health and Family ServicesCourt of Appeals of Kentucky · 2026
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