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State and Local Government Law

Akron Law Review

Journal

2015

Sovereign immunity

Articles 1 - 2 of 2

Full-Text Articles in Law

Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline Jul 2015

Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline

Akron Law Review

The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.


Ohio's Abrogation Of Sovereign Immunity - A Rude Awakening, Roger D. Emerson Jul 2015

Ohio's Abrogation Of Sovereign Immunity - A Rude Awakening, Roger D. Emerson

Akron Law Review

The Ohio Supreme Court's recent decisions have practically abolished the defense of sovereign immunity for state subdivisions and municipal corporations. For many years, governmental units such as municipal corporations have used this ancient legal doctrine to defend themselves from tort suits arising out of the negligence of their employees. The court's decisions have sent municipalities searching for insurance coverage and have sent plaintiffs attorneys back into court, filing motions to vacate previous adverse judgements.

The effect of such decisions have become more pronounced since the court's decision in Marrek v. Board of Commissioners. In Marrek, the Ohio Supreme …