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  • Commentaries
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Nebraska Case Commentaries

State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences

State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences

Date: Oct 9, 2025
State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences...
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

Date: Sep 27, 2025
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC Introduction In Konecne v. Abram, LLC, 319...
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Date: Sep 13, 2025
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense Introduction In State v. Lewis, 319 Neb. 847 (Neb....
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Date: Sep 13, 2025
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025) Introduction Scott v. Scott, 319 Neb. 877 (Sept. 12, 2025), is a comprehensive opinion from the...
No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

Date: Sep 9, 2025
No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage Introduction In Larsen...
Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: Commentary on State v. Parks, 319 Neb. 773 (Neb. 2025)

Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: Commentary on State v. Parks, 319 Neb. 773 (Neb. 2025)

Date: Sep 9, 2025
Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: State v. Parks (319 Neb. 773) Introduction In State v. Parks, 319 Neb. 773 (Neb....
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Date: Sep 2, 2025
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive Introduction In Benda v. Sole, 319 Neb. 745 (Neb. Aug. 29, 2025), the...
Nebraska adopts “credible threat” pre‑enforcement standing; organizations must plead representative authority to sue for members

Nebraska adopts “credible threat” pre‑enforcement standing; organizations must plead representative authority to sue for members

Date: Sep 1, 2025
Nebraska adopts the “credible threat” standard for pre‑enforcement standing; organizations must plead representative authority to sue for members Case: Nebraska Firearms Owners Assn. v. City of...
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025) 1. Introduction The...
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: 
            Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

Date: Aug 25, 2025
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Nebraska Supreme Court Clarifies Party Concessions in D&M Roofing & Siding v. Distribution, Inc. (319 Neb. 707) 1....
Mandamus as the Tool to Correct PILOT Fund Misallocations:  The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Date: Aug 25, 2025
Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04 Introduction In State ex rel. Douglas Cty. Sch....
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) A Comprehensive Commentary on State ex rel....
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Date: Aug 16, 2025
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025) Introduction The Nebraska Supreme Court’s decision in Kimball v....
Ricker v. Nebraska Methodist – Solidifying Nebraska Courts’ Inherent Power to Exclude Late-Disclosed Experts

Ricker v. Nebraska Methodist – Solidifying Nebraska Courts’ Inherent Power to Exclude Late-Disclosed Experts

Date: Aug 13, 2025
Ricker v. Nebraska Methodist Health System, Inc. Affirming Courts’ Inherent Authority to Enforce Progression Orders by Excluding Late-Disclosed Expert Testimony 1. Introduction The Supreme Court of...
“No Right to a Parole Discharge Date for Lifers” – Commentary on Deckard v. Cotton (319 Neb. 615)

“No Right to a Parole Discharge Date for Lifers” – Commentary on Deckard v. Cotton (319 Neb. 615)

Date: Aug 6, 2025
“No Right to a Parole Discharge Date for Lifers” Commentary on Deckard v. Cotton, 319 Neb. 615 (2025) Introduction Deckard v. Cotton presented the Nebraska Supreme Court with the question whether the...
State v. Sutton: Nebraska Supreme Court Reinforces Strict Notice for All Constitutional Challenges under Rule § 2-109(E)

State v. Sutton: Nebraska Supreme Court Reinforces Strict Notice for All Constitutional Challenges under Rule § 2-109(E)

Date: Aug 6, 2025
State v. Sutton: Nebraska Supreme Court Reinforces Strict Notice for All Constitutional Challenges under Rule § 2-109(E) 1. Introduction In State v. Sutton, 319 Neb. 581 (2025), the Nebraska Supreme...

The “Effective Termination” Doctrine: Merithew v. City of Omaha (2025) and the Expanded Definition of Adverse Employment Action Under the NFEPA

The “Effective Termination” Doctrine: Merithew v. City of Omaha (2025) and the Expanded Definition of Adverse Employment Action Under the NFEPA

Date: Jul 30, 2025
The “Effective Termination” Doctrine: Merithew v. City of Omaha (319 Neb. 551, 2025) and the Expanded Definition of Adverse Employment Action Under the Nebraska Fair Employment Practice Act...
State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice

State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice

Date: Jul 30, 2025
State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice Introduction On 25 July 2025, the Nebraska Supreme...
No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511)

No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511)

Date: Jul 30, 2025
No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511) Introduction State v. Ramos, 319 Neb. 511 (Neb. Sup....
Absolute and Unconditional Guaranties & Assignee Standing Clarified – A Commentary on Henderson State Co. v. Garrelts (319 Neb. 485)

Absolute and Unconditional Guaranties & Assignee Standing Clarified – A Commentary on Henderson State Co. v. Garrelts (319 Neb. 485)

Date: Jul 23, 2025
Absolute and Unconditional Guaranties & Assignee Standing Clarified – Commentary on Henderson State Co. v. Garrelts (319 Neb. 485) 1. Introduction In Henderson State Company v. Garrelts, 319 Neb. 485...
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