Section 41.031 - Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment

1 Analyses of this statute by attorneys

  1. Marching into March February 2023 | Issue No. 212 - FFF Sovereign Immunity Series – Part VI

    Cadwalader, Wickersham & Taft LLPFebruary 24, 2023

    to hear, determine and render judgments on a dispute that arises out of an express contract with the state of Montana or any board, agency, or officer of the state of Montana. A Montana sovereign entity will also not be subject to punitive damages in the event that it is held liable in a contractual dispute.NEBRASKANebraska, the only state with a unicameral legislature, has waived its sovereign immunity in the commercial context. Article V, §22 of the Nebraska Constitution allows for the state to sue and be sued, but the Nebraska legislature sets by law the manner and the courts in which such suits can be brought. Under Nebraska Revised Statutes § 25-21,206, the legislature provided that the state may be sued in matters arising out of an express or implied contract. That statute also dictates the Nebraska courts in which such suit may be brought and other procedural requirements for doing so.NEVADANevada has statutorily waived its contractual sovereign immunity. The legislature passed Nev. Rev. Stat. Ann. § 41.031, which says that the state’s contractual liability will be determined by the same rules of law as are applied to “civil actions against natural persons and corporations.” As such, any legitimate contractual claim against a Nevada state entity will be permitted to be brought by the Nevada court system.NEW HAMPSHIREThe Granite State has statutorily waived its immunity for breach of contract claims, meaning the relevant court will have the jurisdiction to enter judgment against a state entity if such entity is found liable in a contract dispute. Such judgment, however, will be limited to money damages, rather than other remedies such as specific performance.Further, any such action brought under the statutory waiver shall be instituted by a bill of complaint to the superior court and be tried without a jury − that is, it will be tried as a bench trial in which the judge acts as the fact finder, rather than a jury.NEW JERSEYNew Jersey has waived contractual sovereign immunity by statute v