Legal Opinion
State ex rel. Schmidt v. Nye
Court of Appeals of Kansas
Decided March 29, 2019No. 118666Published
1Opinion of the Court
No. 118,666 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS EX REL. DEREK SCHMIDT, ATTORNEY GENERAL, Appellant, v. RONALD NYE, JOYCE NYE, TERRI HURLEY, and GARY MCAVOY, Individually and d/b/a VINTAGE MEMORABILIA, and EMPRAXIS, LLC d/b/a VINTAGE MEMORABILIA, Appellees. SYLLABUS BY THE COURT 1. At common law, a state is immune from suit unless it consents or waives its immunity. Questions concerning sovereign immunity are jurisdictional and can be raised at any time. 2. Litigation conduct may constitute a waiver of the doctrine of sovereign immunity. 3. The defense of sovereign…
2Cases cited15 opinions
- Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002
- Snider v. American Family Mutual Insurance Co.Supreme Court of Kansas · 2013
- Connelly v. Kansas Highway PatrolSupreme Court of Kansas · 2001
- State ex rel. Lewis v. EgglestonSupreme Court of Kansas · 1886
- Commerce Bank of St. Joseph v. StateSupreme Court of Kansas · 1992
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