Case Law Updates – Nebraska: January 2013
Nebraska Procedure: Estate of Donna Mae Hansen v. Donald L. Bergmeier Issue: Whether service upon discharged personal representative of closed estate was timely and proper in negligence action against estate’s decedent. Facts: Plaintiff filed suit against...
Case Law Updates – Nebraska: November 2012
Subrogation: Bacon v. DBI/SALA, 284 Neb. 579 (2012) Issues: (1) can an employer assert subrogation rights against a third party pursuant to § 48-118 in a case where the employer is a party but they did not initiate the action; (2) does the parent company...
Case Law Updates – Nebraska: March 2013
Landlord / Tenant: Black v. Brooks, 285 Neb. 440 (2013) Issues: (1) What constitutes a sufficient demand of the return of a security deposit and (2) whether statutory attorney fees can be awarded when the tenant is represented by attorneys working pro...
Case Law Updates – Nebraska: December 2013
Discovery: Pope-Gonzalez v. Husker Concrete, LLC, 21 Neb. App. 575 (2013) Issue: Whether a trial court abused its discretion in determining dismissal of an action was an appropriate discovery sanction based on the Plaintiff’s noncompliance with discovery...
Case Law Updates – Nebraska: December 2012
Police Pursuits: Werner v. County of Platte, 284 Neb. 899 (2012) Issue: Whether trial court properly held passenger was an “innocent third party,” under Political Subdivision Tort Claims Act (“PSTCA”) to allow for recovery, as well as other issues on...
Case Law Updates – Nebraska: October 2012
Subrogation: Buckeye State Mut. Ins. Co. v. Humlicek, 284 Neb. 463 (2012) Issue: Does a landlord’s insurer have a right to subrogation against its tenant for property damages caused by the tenant’s negligence? For a complete summary of the factual...
Case Law Updates – Nebraska: May 2013
Statute of Repose: Mark Durre, as personal representative of the Estate of Diana Durre v. Wilkinson Development, Inc., et al. 285 Neb. 880, ____ N.W.2d _____ (2013). Issue: Whether Nebraska’s statue of repose for breach of warranty on improvements to real...
Case Law Updates – Nebraska: May 2012
Exclusive Remedy: Pittman v. Western Engineering Co., Inc. 283 Neb. 913 (2012) Issue: Whether a surviving spouse Plaintiff, who accepted workers’ compensation payments as a surviving spouse and dependent, is barred by the exclusive remedy provisions of the...
Robert Keith successfully defends high speed auto negligence case
Robert Keith successfully defended a high speed admitted liability auto negligence case by receiving a favorable verdict on March 6, 2013 after the jury deliberated less than an hour. Plaintiff’s claimed medical expenses exceeded $21,000 and she asked the...
Crutcher-Sanchez v. County of Dakota, 687 F.3d 979
Robert Keith successfully appealed a Federal District Court for the District of Nebraska’s refusal to grant a government employee qualified immunity against allegations of sexual harassment. The 8th Circuit Court of Appeals reversed the District Court’s...
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