Arkansas
Related: About this forumState treasurer to appeal whistleblower lawsuit
LITTLE ROCK, Ark.Attorneys for Arkansas Treasurer Dennis Milligan say he will appeal a judge's refusal to dismiss a lawsuit, alleging fraud.
The Arkansas Democrat-Gazette reports that on Thursday Judge Chris Piazza rejected arguments by Milligan's attorneys that say their client is constitutionally exempt from such lawsuits.
An appeal of the decision would force an indefinite delay on the trial because the Arkansas Supreme Court is closed until September.
The plaintiff's attorney Luther Sutter says Milligan's appeal would be groundless, because it's based on a "last minute" defense argument that was abandoned at the beginning of the litigation in 2015.
Red more: http://www.texarkanagazette.com/news/arkansas/story/2017/jul/08/state-treasurer-appeal-whistleblower-lawsuit/681214/
laserhaas
(7,805 posts)Sovereign immunity doesn't apply???
TexasTowelie
(116,812 posts)if sovereign immunity did apply. In these instances the public interest is served best by not allowing a sovereign immunity defense.
In this particular case there is an additional public concern because the treasurer is serving himself by distributing promotional materials and electioneering. The case should proceed and the treasurer should reimburse the state for the cost of the promotional materials, the time spent by state employees storing and shipping the materials, and any other shipping costs (e.g., postage).
laserhaas
(7,805 posts)But we've seen "color of law" all too often, being utilized, capriciously....in such instances.