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Case Law Updates – Nebraska: January 2013

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...

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Case Law Updates – Nebraska: November 2012

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...

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Case Law Updates – Nebraska: March 2013

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...

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Case Law Updates – Nebraska: December 2013

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...

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Case Law Updates – Nebraska: December 2012

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...

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Case Law Updates – Nebraska: October 2012

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...

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Case Law Updates – Nebraska: May 2013

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...

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Case Law Updates – Nebraska: May 2012

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...

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