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  • Commentaries
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Nebraska Case Commentaries

Jackson v. Rodriguez: Nebraska Supreme Court Requires Pre‑Filing Resolution of In Forma Pauperis Requests; Implicit Denials Are Immediately Appealable

Jackson v. Rodriguez: Nebraska Supreme Court Requires Pre‑Filing Resolution of In Forma Pauperis Requests; Implicit Denials Are Immediately Appealable

Date: Mar 29, 2025
Jackson v. Rodriguez: Nebraska Supreme Court Requires Pre‑Filing Resolution of In Forma Pauperis Requests; Implicit Denials Are Immediately Appealable Citation: 318 Neb. 657 (Neb. Mar. 28, 2025)...
Factual Dispute Over “Offensive Contact” Under PSTCA Battery Exemption

Factual Dispute Over “Offensive Contact” Under PSTCA Battery Exemption

Date: Mar 29, 2025
Factual Dispute Over “Offensive Contact” Under PSTCA Battery Exemption Introduction Scott v. Lancaster County School District 0001, decided by the Nebraska Supreme Court on March 28, 2025, addresses...
Interlocutory Appealability of Implicit In Forma Pauperis Denials and Mandatory Clerk Fee Collection

Interlocutory Appealability of Implicit In Forma Pauperis Denials and Mandatory Clerk Fee Collection

Date: Mar 29, 2025
Interlocutory Appealability of Implicit In Forma Pauperis Denials and Mandatory Clerk Fee Collection Introduction Jackson v. Rodriguez, 318 Neb. 657 (Neb. 2025), arose when Dennis C. Jackson, a...
Reasonable-Person Test for “Body” in Offensive-Contact Battery Limits PSTCA Immunity at Summary Judgment

Reasonable-Person Test for “Body” in Offensive-Contact Battery Limits PSTCA Immunity at Summary Judgment

Date: Mar 29, 2025
Reasonable-Person Test for “Body” in Offensive-Contact Battery Limits PSTCA Immunity at Summary Judgment Introduction In Scott v. Lancaster County School District 0001, 318 Neb. 670 (Neb. Mar. 28,...
No Presumption Without Proof: Nebraska High Court Requires Initial Showing of Seizure Before Return‑of‑Property Presumption Attaches; § 29-820 Inapplicable Once § 29-818 Jurisdiction Invoked

No Presumption Without Proof: Nebraska High Court Requires Initial Showing of Seizure Before Return‑of‑Property Presumption Attaches; § 29-820 Inapplicable Once § 29-818 Jurisdiction Invoked

Date: Mar 22, 2025
No Presumption Without Proof: Nebraska High Court Requires Initial Showing of Seizure Before Return‑of‑Property Presumption Attaches; § 29-820 Inapplicable Once § 29-818 Jurisdiction Invoked...
Nonrestrictive “which” in Prenups: Nebraska Supreme Court mandates 50/50 division of the entire marital estate when the agreement states that “marital property, which shall be divided equally”

Nonrestrictive “which” in Prenups: Nebraska Supreme Court mandates 50/50 division of the entire marital estate when the agreement states that “marital property, which shall be divided equally”

Date: Mar 22, 2025
Nonrestrictive “which” in Premarital Agreements Requires Equal Division of the Entire Marital Estate Commentary on Seemann v. Seemann, 318 Neb. 643 (Neb. Mar. 21, 2025) Introduction In Seemann v....
Enforceability of Premarital Agreement Clauses Requiring Equal Division of the Entire Marital Estate

Enforceability of Premarital Agreement Clauses Requiring Equal Division of the Entire Marital Estate

Date: Mar 22, 2025
Enforceability of Premarital Agreement Clauses Requiring Equal Division of the Entire Marital Estate Introduction Seemann v. Seemann, 318 Neb. 643 (2025), is a landmark Nebraska Supreme Court...
Clarifying the Burden and Court’s Role in Return-of-Seized-Property Motions under Nebraska Law

Clarifying the Burden and Court’s Role in Return-of-Seized-Property Motions under Nebraska Law

Date: Mar 22, 2025
Clarifying the Burden and Court’s Role in Return-of-Seized-Property Motions under Nebraska Law Introduction The Nebraska Supreme Court’s decision in State v. Allen (318 Neb. 627, 2025) addresses...
Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing

Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing

Date: Mar 15, 2025
Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing Introduction In the case of State of Nebraska v. Detron L. Perry (318 Neb. 613), decided on March 14, 2025, the...
Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings

Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings

Date: Mar 15, 2025
Assignment of Promissory Note Rights and Equitable Contribution Among Cosureties in Estate Proceedings Introduction The Judgment in In re Estate of Sidney B. Harchelroad, deceased, v. Carol...
Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination

Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination

Date: Mar 15, 2025
Forcible Entry and Detainer Jurisdiction: Redefining the Boundaries of Title Dispute in Lease Termination Introduction The Supreme Court of Nebraska’s decision in Woodsonia Hwy 281, LLC, appellee, v....
Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials

Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials

Date: Mar 11, 2025
Establishing the Balance: Admissibility of Propensity Evidence and Dual-Purpose Forensic Reports in Sexual Assault Trials Introduction The case of State of Nebraska v. Anthoney E. Swartz presents...
New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage

New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage

Date: Mar 11, 2025
New Precedent: Sua Sponte Judicial Inquiry into Personal Jurisdiction at the Default Judgment Stage Introduction In the case of Sherrets Bruno & Vogt LLC v. Timothy E. Montoya (318 Neb. 532), the...
Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions

Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions

Date: Feb 20, 2025
Finality in Probate Settlement Orders and Appellate Jurisdiction Over Personal Representative Fee Motions Introduction The case, In re Estate of Raymond A. Guenther, Jr., deceased. v. Raymond A....
Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints

Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints

Date: Feb 20, 2025
Commencing Actions Against Deceased Parties: Limits on Revivor and the Nullity of Inceptive Complaints Introduction The case of Nancy Johnson and Arld Johnson v. Giulia Antoniutti, Special...
Clarifying Ambiguities in Sentencing: Precedence of Written Orders Over Oral Pronouncements in Nebraska

Clarifying Ambiguities in Sentencing: Precedence of Written Orders Over Oral Pronouncements in Nebraska

Date: Feb 11, 2025
Clarifying Ambiguities in Sentencing: Precedence of Written Orders Over Oral Pronouncements in Nebraska Introduction In the case of State of Nebraska v. Brant A. Geller, 318 Neb. 441 (2025), the...
Affirmation of Effective Assistance Standards in Postconviction Relief: State of Nebraska v. Michael E. Goynes, Jr.

Affirmation of Effective Assistance Standards in Postconviction Relief: State of Nebraska v. Michael E. Goynes, Jr.

Date: Feb 11, 2025
Affirmation of Effective Assistance Standards in Postconviction Relief State of Nebraska v. Michael E. Goynes, Jr. (318 Neb. 413) Court: Supreme Court of Nebraska Date: February 7, 2025 Introduction...
Nebraska Supreme Court Clarifies 'Working Days' Interpretation in SORA: State v. Clausen (318 Neb. 375)

Nebraska Supreme Court Clarifies 'Working Days' Interpretation in SORA: State v. Clausen (318 Neb. 375)

Date: Jan 31, 2025
Nebraska Supreme Court Clarifies 'Working Days' Interpretation in SORA: State v. Clausen (318 Neb. 375) Introduction In the landmark decision of State of Nebraska v. Chad R. Clausen, the Supreme...
Strict Adherence to Appellate Procedures: Insights from Peterson v. Coverdell Construction

Strict Adherence to Appellate Procedures: Insights from Peterson v. Coverdell Construction

Date: Jan 23, 2025
Strict Adherence to Appellate Procedures: Insights from Peterson v. Coverdell Construction Introduction Phillip Peterson and Jodi Peterson, the appellants, engaged Brandon Coverdell Construction,...
Affirmation of Discretionary Standards in Denying Sentencing Continuance and Ineffective Assistance Claims - State of Nebraska v. Rezac

Affirmation of Discretionary Standards in Denying Sentencing Continuance and Ineffective Assistance Claims - State of Nebraska v. Rezac

Date: Jan 23, 2025
Affirmation of Discretionary Standards in Denying Sentencing Continuance and Ineffective Assistance Claims - State of Nebraska v. Rezac Introduction The case of State of Nebraska v. Karsen H. Rezac...
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