Nebraska Case Commentaries

Nebraska Supreme Court Clarifies §64-109: Joinder of Notary Public Not Required in Surety Actions

Date: Apr 26, 2024

Nebraska Supreme Court Clarifies §64-109: Joinder of Notary Public Not Required in Surety Actions Introduction The case of Saint James Apartment Partners, LLC, et al Appellants v. Universal Surety...

State Sovereign Immunity Affirmed in Medical Battery Case: Barber v. State of Nebraska

Date: Apr 20, 2024

State Sovereign Immunity Affirmed in Medical Battery Case: Barber v. State of Nebraska Introduction Barber v. State of Nebraska, 316 Neb. 398, adjudicated by the Supreme Court of Nebraska on April...

Occupational Disease Classification of COVID-19 Under Nebraska Workers' Compensation Act

Date: Apr 20, 2024

Occupational Disease Classification of COVID-19 Under Nebraska Workers' Compensation Act Introduction The Supreme Court of Nebraska recently deliberated on the case of Christine Thiele v. Select...

Admissibility of Guardian ad Litem Materials Under §30-4204: Nebraska Supreme Court Establishes New Precedent

Date: Apr 20, 2024

Admissibility of Guardian ad Litem Materials Under §30-4204: Nebraska Supreme Court Establishes New Precedent Introduction The case In re Guardianship of Patrick W., an incapacitated person. v....

State v. Anthony: Clarifying Admissibility of Lay Witness Intoxication Opinions and Non-Hearsay Statements

Date: Apr 13, 2024

State v. Anthony: Clarifying Admissibility of Lay Witness Intoxication Opinions and Non-Hearsay Statements Introduction In State of Nebraska v. Donald Gene Anthony (316 Neb. 308, 2024), the Supreme...

Strict Compliance with Notice Requirements in Tax Deed Issuance: Castillo v. Libert Land Holdings 4 LLC

Date: Apr 6, 2024

Strict Compliance with Notice Requirements in Tax Deed Issuance: Castillo v. Libert Land Holdings 4 LLC Introduction The Supreme Court of Nebraska, in the case of Eduardo Castillo v. Libert Land...

Discretionary Function Exemption Affirmed in Wrongful Termination Case: Simpson v. Lincoln Public Schools

Date: Mar 23, 2024

Discretionary Function Exemption Affirmed in Wrongful Termination Case: Simpson v. Lincoln Public Schools Introduction Simpson v. Lincoln Public Schools, decided by the Supreme Court of Nebraska on...

Exclusivity of Election Contest Statutes Affirmed in McKay v. Bartels

Date: Mar 23, 2024

Exclusivity of Election Contest Statutes Affirmed in McKay v. Bartels Introduction The case of Chuck McKay v. Anita Bartels et al. (316 Neb. 235) adjudicated by the Supreme Court of Nebraska on March...

Mandamus as a Remedy for Unauthorized Fees in Public Records Requests

Date: Mar 16, 2024

Mandamus as a Remedy for Unauthorized Fees in Public Records Requests Introduction In the landmark case of Nebraska Journalism Trust, doing business as The Flatwater Free Press v. Nebraska Department...

Reliability of RTT Data in Expert Testimony: State v. DeShawn L. Gleaton, Jr.

Date: Mar 9, 2024

Reliability of RTT Data in Expert Testimony: State v. DeShawn L. Gleaton, Jr. Introduction In State of Nebraska v. DeShawn L. Gleaton, Jr. (316 Neb. 114, 2024), the Supreme Court of Nebraska...

Finality Requirements for Appellate Jurisdiction under Neb. Rev. Stat. § 25-1315: Clason v. LOL Investments

Date: Mar 2, 2024

Finality Requirements for Appellate Jurisdiction under Neb. Rev. Stat. § 25-1315: Clason v. LOL Investments Introduction Steven E. Clason v. LOL Investments, LLC is a pivotal case decided by the...

State of Nebraska v. Lear: Defining Waiver of Speedy Trial Rights under §29-1207(4)(b)

Date: Feb 24, 2024

State of Nebraska v. Lear: Defining Waiver of Speedy Trial Rights under §29-1207(4)(b) Introduction In the landmark case of State of Nebraska v. Melvin Lear (316 Neb. 14), the Supreme Court of...

Clarification on Jury Instructions in Sexual Assault Cases and Ineffective Counsel Standards: State v. Npimnee

Date: Feb 24, 2024

Clarification on Jury Instructions in Sexual Assault Cases and Ineffective Counsel Standards: State v. Npimnee Introduction The Supreme Court of Nebraska, in State of Nebraska v. Hope T. Npimnee, 316...

Clarifying Special Assessment Authority: Nebraska Supreme Court Sets Precedent on SID Leverage Over Exempt Property

Date: Feb 17, 2024

Clarifying Special Assessment Authority: Nebraska Supreme Court Sets Precedent on SID Leverage Over Exempt Property Introduction The Sanitary and Improvement District No. 596 of Douglas County,...

Withdrawal of Plea and Ineffective Assistance of Counsel: Analysis of State v. Miller

Date: Feb 17, 2024

Withdrawal of Plea and Ineffective Assistance of Counsel: Analysis of State v. Miller Introduction In the case of State of Nebraska v. Jordon J. Miller, the Supreme Court of Nebraska addressed...

Griffith II v. LG Chem America: Nebraska Supreme Court Clarifies Conflict of Laws and Personal Jurisdiction in Personal Injury Cases

Date: Feb 10, 2024

Griffith II v. LG Chem America: Nebraska Supreme Court Clarifies Conflict of Laws and Personal Jurisdiction in Personal Injury Cases Introduction In the case of John Edward Griffith II and Christina...

Misconduct Within Employer-Sponsored Committees: Establishing Connection with Employment for Unemployment Benefits Denial

Date: Feb 10, 2024

Misconduct Within Employer-Sponsored Committees: Establishing Connection with Employment for Unemployment Benefits Denial Introduction The Supreme Court of Nebraska, in the case of Kathryn Wright v....

Dismissal of Appeal Due to Lack of Appellate Jurisdiction in Mathiesen v. Kellogg

Date: Feb 3, 2024

Dismissal of Appeal Due to Lack of Appellate Jurisdiction in Mathiesen v. Kellogg Introduction The case of Christopher Mathiesen, Appellant versus Kristi Kellogg and Apostle Nursing Home Health Care,...

Agency Relationships in Plea Agreements: A Nebraska Supreme Court Analysis

Date: Feb 3, 2024

Agency Relationships in Plea Agreements: A Nebraska Supreme Court Analysis Introduction In the landmark case of State of Nebraska v. Favion Lara, 315 Neb. 856 (2024), the Supreme Court of Nebraska...

Third-Party Standing in Enforcing Consent Judgments: Nebraska Supreme Court Establishes New Precedent

Date: Feb 3, 2024

Third-Party Standing in Enforcing Consent Judgments: Nebraska Supreme Court Establishes New Precedent Introduction The case of Michael Zeiler v. Kenneth E. Reifschneider, Trustee of the Kenneth E....