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  • Commentaries
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Nebraska Case Commentaries

Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S.

Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S.

Date: Dec 14, 2025
Clarifying Continuance Review and Ineffective Assistance in Nebraska Juvenile Delinquency Proceedings: Commentary on In re Interest of Jerel S. I. Introduction The Nebraska Supreme Court’s decision...
State v. Rupp: Nebraska Clarifies Specificity Requirements for Ineffective-Assistance Claims on Direct Appeal

State v. Rupp: Nebraska Clarifies Specificity Requirements for Ineffective-Assistance Claims on Direct Appeal

Date: Dec 14, 2025
State v. Rupp: Nebraska Clarifies How Specifically Ineffective-Assistance Claims Must Be Pleaded on Direct Appeal I. Introduction In State v. Rupp, 320 Neb. 502 (Dec. 12, 2025), the Nebraska Supreme...
Implied Student–University Contracts, Transcript Rights, and PREP Act Preemption: Commentary on Ramaekers v. Creighton University

Implied Student–University Contracts, Transcript Rights, and PREP Act Preemption: Commentary on Ramaekers v. Creighton University

Date: Dec 14, 2025
Implied Student–University Contracts, Transcript Rights, and PREP Act Preemption: Commentary on Ramaekers v. Creighton University I. Introduction In Ramaekers v. Creighton University, 320 Neb. 478...
Trial-Only Confrontation Rights and Expanded Medical-Diagnosis Hearsay in Nebraska Mental Health Commitments: Commentary on In re Interest of M.S.

Trial-Only Confrontation Rights and Expanded Medical-Diagnosis Hearsay in Nebraska Mental Health Commitments: Commentary on In re Interest of M.S.

Date: Dec 6, 2025
Trial-Only Confrontation Rights and Expanded Medical-Diagnosis Hearsay in Nebraska Mental Health Commitments: Commentary on In re Interest of M.S., 320 Neb. 451 (2025) I. Introduction The Nebraska...
When Fraud Hides in the Books: Constructive Discovery and Non‑Partner Joint Liability in Sebade v. Sebade

When Fraud Hides in the Books: Constructive Discovery and Non‑Partner Joint Liability in Sebade v. Sebade

Date: Dec 6, 2025
When Fraud Hides in the Books: Constructive Discovery and Non‑Partner Joint Liability in Sebade v. Sebade I. Introduction The Nebraska Supreme Court’s decision in Sebade v. Sebade, 320 Neb. 398...
State v. Kruger and the Rejection of a Fixed Remoteness Cutoff for Victim’s Prior Acts in Self‑Defense Cases

State v. Kruger and the Rejection of a Fixed Remoteness Cutoff for Victim’s Prior Acts in Self‑Defense Cases

Date: Nov 23, 2025
State v. Kruger and the Rejection of a Fixed Remoteness Cutoff for Victim’s Prior Acts in Self‑Defense Cases I. Introduction The Nebraska Supreme Court’s decision in State v. Kruger, 320 Neb. 361...
Remoteness Alone Does Not Bar Admission of Prior Domestic Abuse Under Rule 404(2): State v. Adams

Remoteness Alone Does Not Bar Admission of Prior Domestic Abuse Under Rule 404(2): State v. Adams

Date: Nov 16, 2025
Remoteness Alone Does Not Bar Admission of Prior Domestic Abuse Under Rule 404(2): State v. Adams Introduction In State v. Adams, 320 Neb. 316 (Neb. Nov. 14, 2025), the Nebraska Supreme Court...
Preserving Errors at Sentencing: State v. Dawn Clarifies Forfeiture of § 29-2204.02 Reasoning and Advisement Challenges

Preserving Errors at Sentencing: State v. Dawn Clarifies Forfeiture of § 29-2204.02 Reasoning and Advisement Challenges

Date: Nov 16, 2025
Preserving Errors at Sentencing: State v. Dawn Clarifies Forfeiture of § 29-2204.02 Reasoning and Advisement Challenges Introduction In State v. Dawn, 320 Neb. 342 (2025), the Nebraska Supreme Court...
All TERC Appellants Bear Dual Burdens; Verified Actual Rents Are Permissible in the Mass‑Appraisal Income Approach

All TERC Appellants Bear Dual Burdens; Verified Actual Rents Are Permissible in the Mass‑Appraisal Income Approach

Date: Nov 9, 2025
All TERC Appellants Bear Dual Burdens; Verified Actual Rents Are Permissible in the Mass‑Appraisal Income Approach Introduction In Pinnacle Enterprises, Inc., and Midland Heights Apartments, L.L.C....
Physical Dispossession Is “Direct Physical Loss,” and “Accident” Is Viewed From the Insured’s Perspective Under All‑Perils Policies

Physical Dispossession Is “Direct Physical Loss,” and “Accident” Is Viewed From the Insured’s Perspective Under All‑Perils Policies

Date: Nov 9, 2025
Physical Dispossession Is “Direct Physical Loss,” and “Accident” Is Viewed From the Insured’s Perspective Under All‑Perils Policies Case: U.S. Specialty Insurance Co. v. D S Avionics Unlimited LLC,...
Misappropriation Is Not a Distribution: Nebraska Supreme Court Clarifies LLC Membership, Transferable Interests, and Derivative Standing

Misappropriation Is Not a Distribution: Nebraska Supreme Court Clarifies LLC Membership, Transferable Interests, and Derivative Standing

Date: Nov 2, 2025
Misappropriation Is Not a Distribution: Nebraska Supreme Court Clarifies LLC Membership, Transferable Interests, and Derivative Standing Introduction In Kellogg v. Mathiesen, 320 Neb. 223 (Neb. Oct....
State v. Leatherwood: Jail Credit Belongs to the Sovereign with Primary Jurisdiction When a Defendant Is “On Loan” Under a Writ of Habeas Corpus ad Prosequendum

State v. Leatherwood: Jail Credit Belongs to the Sovereign with Primary Jurisdiction When a Defendant Is “On Loan” Under a Writ of Habeas Corpus ad Prosequendum

Date: Nov 2, 2025
State v. Leatherwood: Jail Credit Belongs to the Sovereign with Primary Jurisdiction When a Defendant Is “On Loan” Under a Writ of Habeas Corpus ad Prosequendum Introduction In State v. Leatherwood,...
Consent Decree Fee Waivers Bind Across Bifurcated Proceedings; Tracing Burdens and Court-Ordered Farm Sales Reaffirmed — White v. White (Neb. 2025)

Consent Decree Fee Waivers Bind Across Bifurcated Proceedings; Tracing Burdens and Court-Ordered Farm Sales Reaffirmed — White v. White (Neb. 2025)

Date: Nov 2, 2025
Consent Decree Fee Waivers Bind Across Bifurcated Proceedings; Tracing Burdens and Court-Ordered Farm Sales Reaffirmed — White v. White (Neb. 2025) Introduction In White v. White, 320 Neb. 256...
Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Date: Oct 25, 2025
Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions Case: Slater v. Ichtertz, 320 Neb. 159 (Neb. Oct. 24, 2025) Court: Supreme...
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

Date: Oct 25, 2025
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205 Introduction In State ex rel. Condon v. Braaten, 320 Neb. 214 (Neb. Oct. 24,...
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

Date: Oct 25, 2025
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs Introduction In State ex rel. Counsel for...
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Date: Oct 19, 2025
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests Introduction In In re Estate of Walker, 320 Neb. 139...
Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Date: Oct 19, 2025
Morris v. Dall: Nebraska Supreme Court adopts Restatement (Third) § 49’s four measures of restitution and reaffirms that indefinite oral renovation agreements are unenforceable Introduction In Morris...
Contract Terms Control “Reasonable Expectations” in Nebraska Close Corporations: No‑Cause Termination and Book‑Value Redemption Preclude Oppression and Fiduciary‑Duty Claims — Commentary on Noel v. Pathology Medical Services, P.C., 320 Neb. 92 (2025)

Contract Terms Control “Reasonable Expectations” in Nebraska Close Corporations: No‑Cause Termination and Book‑Value Redemption Preclude Oppression and Fiduciary‑Duty Claims — Commentary on Noel v. Pathology Medical Services, P.C., 320 Neb. 92 (2025)

Date: Oct 13, 2025
Contract Terms Control “Reasonable Expectations” in Nebraska Close Corporations: No‑Cause Termination and Book‑Value Redemption Preclude Oppression and Fiduciary‑Duty Claims Commentary on Noel v....
Forfeiture, Not Waiver: Nebraska Clarifies Preservation of Prosecutorial‑Misconduct Mistrial Claims in State v. Hagens

Forfeiture, Not Waiver: Nebraska Clarifies Preservation of Prosecutorial‑Misconduct Mistrial Claims in State v. Hagens

Date: Oct 13, 2025
Forfeiture, Not Waiver: Nebraska Clarifies Preservation of Prosecutorial‑Misconduct Mistrial Claims in State v. Hagens Introduction In State v. Hagens, 320 Neb. 65 (2025), the Nebraska Supreme Court...
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