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Posted June 28, 2008, 5:35 am by stan_sipple
Nebraska Supreme Court rules for property owners who lost condemnation action against Douglas County finding their failure to serve notice on the County and to file affidavits of notice in the same manner that a plaintiff would serve a defendant with a new lawsuit were directory and not jurisdictional. Wooden v. County of Douglas, S-06-1163, 275 Neb. 971 "we conclude the district court did not lack jurisdiction as a result of the Woodens' failure to timely file an affidavit of proof of...
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Posted June 28, 2008, 5:16 am by stan_sipple
Legal malpractice lawsuit against estate of deceased patent attorney returns to the Nebraska Supreme Court after the Court had rejected the estate's District Court ruling that the plaintiff would not have won a patent infringement suit if the attorney had timely renewed its patent for a tilling device. The Douglas County District Court on remand again ruled for the attorney's estate, this time finding the plaintiff could not win a patent infringement suit because its limited patent claims would...
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Posted June 22, 2008, 7:20 pm by stan_sipple
Mr Davis' attorney has advice for those trophy wives worried about the longevity of their meal tickets: get the insurance policy before your divorce is final. Omaha.com Mary Kay Davis, the former wife, sought the policy as security for more than $1.5 million in alimony and child-support obligations should her ex-husband die prematurely. She lost her case in the Nebraska Supreme Court on June 20, 2008 Davis v. Davis, S-07-529, 275 Neb. 944 " Henry Davis, chief executive of Greater Omaha Packing...
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Posted June 19, 2008, 8:58 pm by stan_sipple
Nebraska Court of Appeals refuses to find 18 day delay for a juvenile detention hearing unreasonable, Through the eyes of a child initiative. In re Interest of April E. et al. Filed on May 27, 2008 Memorandum opinion, not designated for permanent publication A-08-036 through A-08-038SUMMARY: An 18-day delay between the ex parte order and the detention hearing is "on the outer edge of reasonableness" but is not unreasonable. The evidentiary basis of an ex parte temporary detention order is not...
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Posted June 19, 2008, 8:48 pm by stan_sipple
Nebraska Court of Appeals reverses teacher's dismissal when it found the Millard School Board violated the Nebraska Open Meetings Law when it made its decision in a closed session. Rominger Legal.Com. The case involves the 2006 firing of Tanya Bligh, who was a teacher at Russell Middle School. Following four days of hearings, the board determined that Bligh was an incompetent teacher and failed to meet Millard's performance standards, according to co rt records. But in terminating Bligh's...
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Posted June 19, 2008, 8:31 pm by stan_sipple
Can a drunk driving defendant subpoena the code within the breathalyzer machine the police used to determine his blood-alcohol content? The Nebraska Court of Appeals said no in State v. Kuhl, 16 Neb. App. 127, 741 N.W.2d 701 (Nebraska Court of Appeals 2007). CYB3RCRIM3 blog. Defendants have unsuccessfully tried to get prosecutors to produce the code in the devices. In the Kuhl case, the Court of Appeals said the State did not have access to the code which was the manufacturer's protected trade...
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Posted June 15, 2008, 5:12 am by stan_sipple
Text of Attorney General Jon Bruning's opinion concerning petition circulators and blockers who appear on private commercial property. Nebraska Attorney General's Office. The constitutional guarantee of free speech in Nebraska is found in art. I, § 5 of the Nebraska Constitution. However, the Nebraska Supreme Court has repeatedly and consistently held that the guarantee of freedom of speech under the Nebraska Constitution is the same as the guarantee of freedom of speech under the First...
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Posted June 15, 2008, 5:05 am by stan_sipple
Nebraska Supreme Court orders new arguments in State Trooper's case. Omaha.com The Nebraska Supreme Court has ordered a second round of oral arguments in the case of a Nebraska State Patrol trooper who was fired for joining a group affiliated with the Ku Klux Klan. In its order, the court told attorneys in the case of Robert E. Henderson to submit additional legal briefs by Aug. 1 and to be ready for a new hearing in September. The court said the attorneys should address four questions in their...
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Posted June 7, 2008, 6:05 am by stan_sipple
Nebraska Unicameral in its wide-ranging judiciary bill LB1014 helps out "public service" lawyers by initiating a loan forgiveness program for attorneys who join public advocacy organizations. Nebraska Unicameral. This will help cure the crying need we have in this state for more lawyers to sue the State every time the Legislature tries to trim a little fat from social services programs or when an illegal alien stubs his toe during an ICE raid. The initial maximum replacement loan amount shall...
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Posted June 7, 2008, 5:45 am by stan_sipple
Nebraska Supreme Court holds that hog confinement lot operator who appealed Madison County's refusal to grant him a variance used the denovo appeal procedure to the District Court. In re Application of Olmer, S-07-247, 275 Neb. 852 When a decision regarding a conditional use or special exception permit is appealed under § 23-114.01(5) RRS Neb (Cum. Supp. 2006) and a trial is held de novo under § 25-1937 (Reissue 1995) RRS Neb, the findings of the district court shall have the effect of a jury...
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Posted June 7, 2008, 5:35 am by stan_sipple
Nebraska Supreme Court reverses Douglas County District Court directed verdict that was in favor of the State of Florida Department of Insurance, receiver for an insolvent truck insurance company in its suit against insurance agency that used truckers' premiums to acquire other insurance when the insolvent insurer was unable to provide adequate coverage for the agency's customers. State of Florida v. Countrywide Truck Ins. Agency, S-06-1220, 275 Neb. 842 "The district court erred in granting a...
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Posted June 3, 2008, 10:28 am by stan_sipple
Kearney liquor store loses its license after selling alcohol to a minor who later died as a passenger in automobile accident. Nebraska Supreme Court affirms liquor license revocation because the defendant liquor store failed to prove that the minor's Canadian identification card that he had presented in the past to purchase alcohol was a valid identification card. Although the Commission permitted a community activist to speak to urge the Commission to revoke the store's license the District...
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Posted June 3, 2008, 10:13 am by stan_sipple
Summary judgment for defendant in insured's breach of contract action against insurance broker for failing to purchase insurance reversed. Nebraska Supreme Court holds that summary judgment for insurance agent was inappropriate because the defendant did not prove whether the agent was a captive agent for the insurance company or whether he was an insurance broker, acting on behalf of the insured to acquire insurance. Broad v. Randy Bauer Ins. Agency, S-06-844, 275 Neb. 788 We conclude that an...
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Posted May 25, 2008, 7:33 am by stan_sipple
Justice Department to Monitor Elections in Colfax County Nebraska US Justice Department. The Justice Department today announced that on Tuesday, May 13, 2008, it will monitor elections in Colfax County, Neb., and Bergen County, N.J., to ensure compliance with the Voting Rights Act.Colfax and Bergen Counties are obligated to provide all election information, ballots and voting assistance information in Spanish as well as in English according to the Voting Rights Act. Colfax County Election...
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Posted May 24, 2008, 10:01 pm by stan_sipple
Nebraska Supreme Court allows expert in a medical malpractice case related to delayed treatment of a spinal cord injury to testify in his affidavit that had the defendant doctors not delayed diagnosing and treating the plaintiff's injury the plaintiff more likely than not would have experienced a better outcome from treatment. The Supreme Court distinguishes this proper opinion that a better outcome would result from giving improper opinions that the plaintiff lost a chance to recover. Rankin...
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Posted May 24, 2008, 9:30 pm by stan_sipple
Nebraska Supreme Court reverses accounting malpractice verdict that was against accountant in 1031 exchange dispute. Frank v. Lockwood, S-06-731, 275 Neb. 735 A Western Nebraska businessman sued his accountant after he sold some real estate but decided not to escrow the entire sale amount for a section 1031 exchange for other property. The accountant earlier advised him that he would be able to offset some of his gain from the real estate sales with his corporation's losses. The businessman was...
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Posted May 24, 2008, 3:22 am by stan_sipple
Follow up: Referee hearing discipline case against Kearney attorney William Orr recommends public reprimand over failed coffee shop franchising venture. Kearney Hub. Kearney attorney Jeff Orr should be publicly reprimanded for violations he committed while representing Barista's Daily Grind, an Omaha attorney has recommended to the Nebraska Supreme Court. Waldine Olson, who is acting as referee in Orr's disciplinary proceedings, has ruled that Orr violated four of 13 ethical standards and...
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Posted May 17, 2008, 1:50 am by stan_sipple
Case summary: Omaha attorney gets to take her Third offense driving while intoxicated case to the Nebraska Supreme Court. Nebraska Judicial Branch Case Summaries. S-07-0464, State (Appellant) v. Willow T. Head Douglas County, Judge Peter C. Bataillon Attorneys: James M. Masteller (County Attorney's Office) (Appellant) --- James E. Schaefer, Jill A. Daley (Gallup & Schaefer) Criminal: DUI, 3rd offense Proceedings below: The trial court found two valid prior convictions and enhanced Head's...
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Posted May 17, 2008, 1:39 am by stan_sipple
Case summary: Omaha dentist appeals license revocation. The Nebraska Supreme Court in 2001 had disciplined the dentist who was also a member of the Bar for narcotics abuse. Nebraska Judicial Branch. S-07-0588, Shaun O. Parker, D.D.S., Appellant v. State of Nebraska, Appellee Lancaster County, Judge Jeffre CheuvrontAttorneys: Jerry Katskee (Appellant); Jon Bruning and Lisa Anderson (Attorney General's Office). Civil: Revocation of professional license Proceedings Below: Parker filed a petition...
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Posted May 16, 2008, 10:50 pm by stan_sipple
County employee Douglas County fired for dropping ice wins reinstatement. Pierce v. Douglas Cty. Civil Serv. Comm., S-07-252, 275 Neb. 722 Douglas County facilities engineer and International Union of Operating Engineers, Local 571 member Nathan Pierce could not go unescorted near a co-worker at the Douglas County Hospital because he had angry confrontation with her before. Later as he went through her area he dropped a cup of ice near her nurse's station. Douglas County terminated him....