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| Dutton-Lainson Co. v. Cont'l Ins. Co., No. S-04-1223.,
SUPREME COURT OF NEBRASKA, June 23, 2006, Filed
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Overview: Summary judgment based on pollution exclusion clauses was proper where seepage of toxic materials over 29-year period was not sudden or accidental. Summary judgment was improper as to other insurers where indemnity actions did not accrue until insured became obligated to pay for cleanup and where there were fact issues regarding waiver of notice.
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| Eriksen v. Macrander (In re Estate of Eriksen), No. S-04-966.,
SUPREME COURT OF NEBRASKA, June 23, 2006, Filed
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Overview: When decedent's nephew, who was a residuary devisee, purchased family farm under option in decedent's will, trial court erred in not applying Neb. Rev. Stat. § 77-2108 because phrase in decedent's will was not an apportionment clause; will did not direct against statutory apportionment.
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| Munstermann v. Alegent Health - Immanuel Med. Ctr., No. S-04-1312.,
SUPREME COURT OF NEBRASKA, June 23, 2006, Filed
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Overview: Psychiatrist was liable for failing to warn of and protect from a patient's threatened behavior, or failing to predict and warn of and protect from a patient's violent behavior, when the patient has communicated to the psychiatrist a serious threat of physical violence against himself or a reasonably identifiable victim or victims.
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| State ex rel. Counsel for Discipline v. Widtfeldt, No. S-04-1400.,
SUPREME COURT OF NEBRASKA, June 23, 2006, Filed
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Overview: Public reprimand was not a serious enough sanction for attorney who charged excessive fees in separate probate proceedings. Nebraska's Supreme Court sustained the referee's findings as to the violations but, because of cumulative misconduct, suspended the attorney from practice for one year pursuant to Neb. Ct. R. of Disc. 4.
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| State v. Poe, No. S-05-235.,
SUPREME COURT OF NEBRASKA, June 23, 2006, Filed
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Overview: Dismissal of an action under Nebraska's DNA Testing Act was proper where test results on a cigarette butt found at a robbery scene were not exculpatory or favorable to an inmate and where the rial court did not abuse its discretion in permitting counsel to withdraw after the results were submitted, even though it was better practice not to do so.
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| Zach v. Eacker, No. S-05-290.,
SUPREME COURT OF NEBRASKA, June 23, 2006, Filed
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Overview: In light of legislative intent to have a deceased trooper's annuity benefit his children, director of state patrol retirement system properly construed Neb. Rev. Stat. § 81-2026(3) (Reissue 1999), which was ambiguous before it was later amended, to entitle deceased trooper's noncustodial minor children to receive share of trooper's death benefit.
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