Kentucky Supreme Court

University of Louisville, Appellant v. Mark Rothstein, Appellee

November 2, 2017532 S.W.3d 644

Summary

The Kentucky Supreme Court held that KRS 45A.245 waives governmental immunity for all claims based on lawfully authorized written contracts with the Commonwealth and its agencies, including written employment contracts. The statute's plain language contains no limitation to contracts governed by the Kentucky Model Procurement Code, and the reenactment of substantially identical statutory language supported the same interpretation. The court affirmed the Court of Appeals and remanded for further proceedings, while declining to decide whether public universities must comply with the remaining procurement-code provisions when hiring professors.