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Exceptions to Sovereign Immunity

In almost any lawsuit against a governmental entity, the government will argue that it is immune from the suit under sovereign immunity. Sovereign immunity insulates the government from most suits for money damages. At the state level in Missouri, however, there are numerous exceptions to sovereign immunity in Section 537.600, RSMo. For instance, under Section […]

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Federal Tort Claims Act & Sovereign Immunity

Sovereign immunity is the legal principle where the government cannot be held liable for civil damages. It exists at both the State and Federal level. Federally, the Federal Tort Claims Act (“FTCA”) represents the federal government’s waiver of its immunity to certain suits. See Richards v. United States, 369 U.S. 1, 6 (1962) (the FTCA “was designed […]

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Sovereign Immunity — Missouri & Federal

Under common law, sovereigns/governments were immune from civil lawsuits. At the federal level, the 11th Amendment to the U.S. Constitution codifies sovereign immunity. It provides that “[t] he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States […]

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