University of Louisville v. Rothstein

The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court denying the University of Louisville’s (U of L) immunity against suit in this case. After Mark Rothstein’s Distinguished University Scholar (DUS) contract was terminated, Rothstein filed suit against U of L for breach of a written contract. The circuit court denied U of L’s argument that sovereign immunity barred Rothstein’s claims for breach of the written contract, finding instead that Ky. Rev. Stat. 45A, which waives immunity for breach of contract actions against the Commonwealth, was applicable to written employment contracts. The court of appeals affirmed. The Supreme Court affirmed, holding that the legislature has waived immunity for all claims arising out of lawfully authorized written contracts with the Commonwealth and its agencies. View "University of Louisville v. Rothstein" on Justia Law