Kentucky Statutes 49.170 – Exclusiveness of Board of Claims’ award or judgment
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(1) Any action prosecuted to award, judgment, or final decision, including dismissal, under the provisions of KRS § 49.040 to KRS § 49.180 shall preclude the right of a claimant to sue the Commonwealth, its cabinets, departments, bureaus, and agencies, and its officers, agents, or employees in the Board of Claims or any other forum, except as provided in KRS § 49.070(5) when the board determines that it has no jurisdiction over the claim.
(2) The final determination of the board shall be given the same res judicata and collateral estoppel effect as any other judicial determination; and, if entered as provided in KRS § 49.140, it shall be granted the full faith and credit given to judgments from the Commonwealth’s courts in this state and the courts of the United States.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 27, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 17, effective June 29, 2017. — Amended 1986 Ky. Acts ch. 499, sec. 7, effective July 15,
1986. — Amended 1958 Ky. Acts ch. 52, sec. 4. — Amended 1950 Ky. Acts ch. 50, sec. 6. — Created 1946 Ky. Acts ch. 189, sec. 3(b).
Formerly codified as KRS § 44.160.
Formerly codified as KRS § 176.380.
(2) The final determination of the board shall be given the same res judicata and collateral estoppel effect as any other judicial determination; and, if entered as provided in KRS § 49.140, it shall be granted the full faith and credit given to judgments from the Commonwealth’s courts in this state and the courts of the United States.
Terms Used In Kentucky Statutes 49.170
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 27, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 17, effective June 29, 2017. — Amended 1986 Ky. Acts ch. 499, sec. 7, effective July 15,
1986. — Amended 1958 Ky. Acts ch. 52, sec. 4. — Amended 1950 Ky. Acts ch. 50, sec. 6. — Created 1946 Ky. Acts ch. 189, sec. 3(b).
Formerly codified as KRS § 44.160.
Formerly codified as KRS § 176.380.