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| Burnham v. Pacesetter Corp., No. A-05-815.,
NEBRASKA COURT OF APPEALS, January 31, 2006, Filed
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Overview: Where court-appointed vocational expert had changed opinion on claimant's disability rating from 65% to 100% after viewing further medical opinions, trial court erred in awarding claimant based on 65% disability because expert's testimony was incomplete until expert's final trial deposition.
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| Farmers Coop. Elevator Co. v. Jelinek, No. A-04-761.,
NEBRASKA COURT OF APPEALS, January 31, 2006, Filed
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Overview: Trial court erred in granting summary judgment for farmers' co-op on estate representative's cross-petition alleging tortious interference with a business expectancy because questions existed on whether contract for sale of millet had been formed and whether co-op's actions in asserting that contract existed and bringing suit were unjustified acts.
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| Marti v. Marti, No. A-04-735.,
NEBRASKA COURT OF APPEALS, January 31, 2006, Filed
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Overview: The trial court did not err under Neb. Rev. Stat. § 42-365 in failing to find a business start-up loan to be a marital debt and the accounts receivable to be a marital asset. The trial court's decision to set off the business's debt in its entirety to the husband was both fair and reasonable.
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| State v. Shannon P. (In re Enrique P.), No. A-05-606.,
NEBRASKA COURT OF APPEALS, January 31, 2006, Filed
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Overview: A juvenile court's finding that a mother's children were within the purview of Neb. Rev. Stat. § 43-247(3)(a) was upheld, where clear and convincing evidence showed that custody with the mother, who had a history of drug and alcohol abuse, would have resulted in serious emotional or physical damage to the children.
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| Theisen v. Theisen, No. A-05-103.,
NEBRASKA COURT OF APPEALS, January 31, 2006, Filed
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Overview: Trial court erred in failing to find that material change of circumstances had occurred after trust stopped paying wife $ 15,000 per month in child support. Since trust was still paying all of the major expenses of the minor children, it was equitable to deviate from Nebraska child support guidelines in setting husband's child support obligation.
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| Thomas v. First Nat'l Life Ins. Co., No. A-04-801.,
NEBRASKA COURT OF APPEALS, January 31, 2006, Filed
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Overview: In a breach of contact action, where the record did not provide a link between insured's precoverage symptoms and diagnoses and his postcoverage claims for disability, the district court erred in granting insurer's motion for summary judgment on the basis that insured's disability was caused by a preexisting condition.
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| McCray v. Neb. State Patrol, No. S-04-395.,
SUPREME COURT OF NEBRASKA, February 3, 2006, Filed
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Overview: District court erred in affirming use of convictions that had been set aside in scoring a risk assessment instrument to determine appellant's recidivism risk level. The 2005 amendments to Neb. Rev. Stat. § 29-2264(5), which provided that the setting aside of a conviction did not preclude proof of the conviction for certain purposes, did not apply.
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| State v. Mason, No. S-04-852.,
SUPREME COURT OF NEBRASKA, February 3, 2006, Filed
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Overview: Where eyewitnesses testified that they were in the car when defendant shot the victim, the evidence supported defendant's conviction for first degree murder and use of a deadly weapon to commit a felony. The State's firearms expert and the forensic pathologist were permitted to testify under Neb. Evid. R. 702, Neb. Rev. Stat. § 27-702.
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| White v. White, No. S-05-135.,
SUPREME COURT OF NEBRASKA, February 3, 2006, Filed
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Overview: Nebraska district court had home state jurisdiction over parents' children under the repealed Nebraska Child Custody Jurisdiction Act. Father took custody of children in accordance with what was believed to be a valid Kansas court order. Nebraska was also the most convenient forum to hear this custody matter.
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