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: Kentucky Law Blog

CIVIL: " Sovereign-immunity motion stalls firefighters' pay case"

By Michael Stevens

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From Courier Journal:Sovereign-immunity motion stalls firefighters' pay caseby Jessie HalladayHaving lost an eight-year court fight over millions of dollars in back pay for firefighters, Louisville officials now are claiming metro government has sovereign immunity and cannot be forced to pay.Larry Zielke, the attorney representing Louisville in the case, filed a motion last week asking a Jefferson Circuit Court judge to dismiss the firefighters' claims based on the state rule of sovereign immunity, which exempts a consolidated local government from being sued.Although the Abramson administration has said the city owes the money to the firefighters and will come up with it, Zielke called it his "moral obligation" to present any defense that could spare the city such a large payment.Officials have estimated that the city owes firefighters at least $17.6million, but no official total has been reached. Attorneys for the firefighters are asking that their fees, damages and adjustments to pension payments also be included in what the city owes.In October, the Kentucky Supreme Court denied the city's request to overturn a lower court's ruling that firefighters' overtime had been miscalculated. That decision was the final word on a complaint first filed with the Labor Cabinet in 2000. * * *

Full post as published by Kentucky Law Blog on March 01, 2009 (boomark / email).