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Anyone here ever tried sovereign immunity question to a jury while also
| Scarlet space | 08/05/24 |
| multi-colored fuchsia gunner crackhouse | 08/05/24 |
| Scarlet space | 08/05/24 |
| multi-colored fuchsia gunner crackhouse | 08/05/24 |
| Scarlet space | 08/06/24 |
Poast new message in this thread
Date: August 5th, 2024 3:02 PM Author: Scarlet space Trying the underlying case at the same time, same jury. (http://www.autoadmit.com/thread.php?thread_id=5570333&forum_id=2#47931233) |
Date: August 5th, 2024 3:19 PM Author: multi-colored fuchsia gunner crackhouse I’ve done this several times with qualified immunity. (http://www.autoadmit.com/thread.php?thread_id=5570333&forum_id=2#47931287) |
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Date: August 5th, 2024 3:30 PM Author: Scarlet space How did it go. I guess you just out on the case and plugged in some immunity instructions at the end. My problem is the court thinks it’s too much to ask one jury and thinks the case should be split up and tried first on immunity and then on the underlying case. I think once he thinks it thru he’ll agree with us that one jury should hear all. Plus punitives are in play. |
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Date: August 5th, 2024 6:03 PM Author: multi-colored fuchsia gunner crackhouse Yeah QI's different because the presence or absence of immunity is wrapped together with the merits ("clearly established").
I'm sure if you said what your specific situation is, I'd be like "oh that makes sense," but off the top of my head, I can't think of why sovereign immunity would go to the jury. You obviously know this, but generically, immunity should be resolved as early as possible (it's "immunity from suit," not from judgment, blah blah) and its interlocutorily appealable as a collateral judgment. |
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Date: August 6th, 2024 3:18 PM Author: Scarlet space police pursuit case (http://www.autoadmit.com/thread.php?thread_id=5570333&forum_id=2#47935143) |