Case Law Updates – Nebraska: November 2013

Case Law Updates – Nebraska: November 2013

Set-Offs: Shawn T. Strasburg v. Union Pacific Railroad Company, 286 Neb. 743 (2013) Issue: Whether railroad employer was entitled to a set-off of the entire amount of the medical expenses claimed by FELA plaintiff as opposed to just a set-off for the amount actually...
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 discharged...
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 of an injured...
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: 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 orders....