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| Lascsak v. Hollingsworth, No. A-04-666.,
NEBRASKA COURT OF APPEALS, March 28, 2006, Filed
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Overview: Trial court properly refused to pierce the corporate veil and hold a construction company's sole shareholder personally liable to an independent contractor for the company's debt. The evidence was wholly lacking to support a finding that the shareholder intended to perpetrate fraud against the independent contractor.
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| Mickelsen v. Newton, No. A-04-1205.,
NEBRASKA COURT OF APPEALS, March 28, 2006, Filed
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Overview: Property owner was entitled to summary judgment on the girlfriend's claim to quiet title of the property where the alleged oral agreement violated the statute of frauds, Neb. Rev. Stat. § 36-105; the agreement concerning the house was indefinite, unsatisfactory, incomplete, and equivocal.
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| Miller v. Commer. Contrs. Equip., Inc., No. A-05-873.,
NEBRASKA COURT OF APPEALS, March 28, 2006, Filed
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Overview: Where 2002 insurer stipulated to dismissal with 1999 insurer in agreement in which workers' compensation claimant was not involved, allowing 2002 insurer to intervene after trial and after employer appealed was plain error because 2002 insurer gambled on favorable result the reentered litigation when judgment exposed it to further liability.
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| Royer v. Royer, No. A-04-709.,
NEBRASKA COURT OF APPEALS, March 28, 2006, Filed
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Overview: District court did not abuse its discretion in denying a former husband visitation with his four children, where the record demonstrated that the former husband was being incarcerated because he had been convicted of sexually abusing the children.
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| State v. George, No. A-05-250.,
NEBRASKA COURT OF APPEALS, March 28, 2006, Filed
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Overview: District court did not err in denying defendant's motion for post-conviction relief under Neb. Rev. Stat. § 29-3001 as defendant failed to demonstrate that trial counsel was ineffective and that trial counsel's performance prejudiced his defense. Defendant's motion to reopen was properly denied as it was request to prove postconviction claims.
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| State v. McKay, No. A-05-558.,
NEBRASKA COURT OF APPEALS, March 28, 2006, Filed
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Overview: District court did not abuse its discretion by allowing State to withdraw rest as evidence adduced by the State prior to resting was sufficient to demonstrate legal confinement. Evidence was sufficient to convict defendant of assault by a confined person under Neb. Rev. Stat. § 28-932(1) as he was technically in legal custody.
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| State v. Rivera, No. A-04-1142.,
NEBRASKA COURT OF APPEALS, March 28, 2006, Filed
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Overview: Sentence of three years probation for child abuse under Neb. Rev. Stat. § 28-707(4) was supported by competent evidence where although defendant changed his story regarding how child's leg fractures occurred, there was no indication that trial court misapprehended the circumstances and defendant was addressing the consequences.
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| Curran v. Buser, No. S-04-1303.,
SUPREME COURT OF NEBRASKA, March 31, 2006, Filed
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Overview: Where plaintiffs in a medical malpractice action failed to prove that the standard of care under Neb. Rev. Stat. §§ 44-2816 and 44-2820 required a surgeon to disclose his disciplinary history, the trial court did not err in sustaining the surgeon's motion in limine that disallowed plaintiffs from introducing evidence of that history.
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| Schwarting v. Neb. Liquor Control Comm'n, No. S-04-1440.,
SUPREME COURT OF NEBRASKA, March 31, 2006, Filed
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Overview: In a proceeding under the Nebraska Administrative Procedure Act, although the Nebraska Liquor Control Commission found that a license applicant was unable to conform to the provisions of the Nebraska Liquor Control Act, district court's judgment reversing the Commission's denial of the applicant's application was supported by competent evidence.
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