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 bono?...
Case Law Updates – Nebraska: March 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 orders....
Case Law Updates – Nebraska: March 2013

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 credits and...
Case Law Updates – Nebraska: March 2013

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 background of the...
Case Law Updates – Nebraska: March 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 property or...