Nebraska Case Commentaries

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

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

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

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)

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

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

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

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

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

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)

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

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...

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

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

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)

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

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)

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

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

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...