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| Cerny v. Todco Barricade Co., No. S-05-877,
SUPREME COURT OF NEBRASKA, June 29, 2007, Filed
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Overview: District court abused its discretion in certifying partial summary judgment as final judgment pursuant to Neb. Rev. Stat. § 25-1315(1) where driver's claims against multiple tortfeasors had so much factual overlap that they had to be treated as nonseverable claims; there was nothing establishing hardship from a delay in entering final judgment.
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| David E. v. Richard D. (In re Adoption of Kailynn D.), No. S-06-1278,
SUPREME COURT OF NEBRASKA, June 29, 2007, Filed
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Overview: County court erred in ordering a county to pay the guardian ad litem fee for the biological father in a private adoption matter. There was no language in Neb. Rev. Stat. § 43-104.18 that obligated a county to pay the fee of a guardian ad litem appointed for a biological father in a private adoption proceeding to which the county was not a party.
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| Potthoff v. Potthoff (In re Estate of Potthoff), No. S-05-1299,
SUPREME COURT OF NEBRASKA, June 29, 2007, Filed
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Overview: Although decedent intended to sever his joint tenancies with his estranged wife, the execution of the notices of severance was not a legally sufficient act to sever the joint tenancies; because the notices in question did not convey the property held in joint tenancy, they therefore did not sever the joint tenancy under Neb. Rev. Stat. § 76-118.
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| State v. Miner, No. S-06-187,
SUPREME COURT OF NEBRASKA, June 29, 2007, Filed
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Overview: Trial counsel's failure to file a plea in bar for appellant, who had been convicted of theft by unlawful taking of 62 steers, based on a prior conviction in another county for receiving some of the same cattle constituted deficient performance, which was prejudicial to appellant because it deprived him of a meritorious double jeopardy defense.
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| State v. Pratt, No. S-05-1207,
SUPREME COURT OF NEBRASKA, June 29, 2007, Filed
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Overview: The State's appeal of an order granting appellee's motion for DNA testing under Nebraska's DNA Testing Act was dismissed, where the order was not a final, appealable order. The collateral order doctrine did not apply because the issue involved, i.e., obtaining a DNA sample from a forcible rape victim was enmeshed in the merits of the action.
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| ADT Sec. Servs. v. A/C Sec. Sys., No. A-05-379.,
NEBRASKA COURT OF APPEALS, July 3, 2007, Filed
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Overview: Buyer's award of monetary damages of 25% of the infringers' gross profits under 15 U.S.C.S. § 1117(c) was not clearly erroneous because a new corporation and stockholder intended to cause confusion and increase profits by violating the buyer's common-law right to a trade name, which was not abandoned under Neb. Rev. Stat. § 87-128(1) by rebranding.
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| Classe v. Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O., No. A-05-1394.,
NEBRASKA COURT OF APPEALS, July 3, 2007, Filed
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Overview: District court did not err in granting summary judgment on client's legal malpractice claim as client failed to sustain his burden of proof and failed to present expert testimony in opposition to the firm's evidence. Directed verdict on firm's counterclaim for attorney fees was proper as client presented no evidence to contradict firm's evidence.
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| State v. James B. (In re Mitchell H.), No. A-06-1197.,
NEBRASKA COURT OF APPEALS, July 3, 2007, Filed
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Overview: Under Neb. Rev. Stat. § 43-247, there was sufficient evidence that it was in children's best interests for father to remain outside family home until he showed significant and measured improvement. Unsupervised visitation would place health and safety of the children at risk, Neb. Rev. Stat. § 48-285(2). Mother's visitation was properly increased.
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| Tanner v. Neb. Health Sys., No. A-05-930.,
NEBRASKA COURT OF APPEALS, July 3, 2007, Filed
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Overview: Although a casual connection existed between the employee's termination and workers' compensation claim, there was a legitimate and nondiscriminatory reason for terminating the employee's position, and the employee failed to raise a genuine issue of material fact as to whether the employee's termination was a pretext for discrimination.
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