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   State Courts - Nebraska - July 6, 2007

  
Domjan v. Faith Reg'l Health Servs., No. S-05-1463., SUPREME COURT OF NEBRASKA, July 6, 2007, Filed
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Overview: A district court erred in denying a company's motion for a new trial on a doctor's breach of contract claims where its jury instructions suggested an employer-employee relationship, such a relationship was not supported by the evidence, and the court had instructed the jury as to a good cause standard for dismissal from employment.

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Nemetz v. Nemetz (In re Estate of Nemetz), No. S-06-487., SUPREME COURT OF NEBRASKA, July 6, 2007, Filed
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Overview: Under Neb. Rev. Stat. § 30-2408, county court could appoint surviving spouse as personal representative, even though filing was made more than three years after decedent's death, where no formal or informal proceeding for probate or proceeding concerning succession or administration of decedent's estate occurred within three years after his death.

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State ex rel. Johnson v. Gale, No. S-06-224., SUPREME COURT OF NEBRASKA, July 6, 2007, Filed
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Overview: Voters failed to show that Nebraska's term limit amendment, Neb. Const. art. III, § 12, imposed severe burden on First Amendment rights or that it violated Equal Protection Clause. Section 12(3) determined whether expired term counted as one of two consecutive terms legislator was permitted before being disqualified to serve third consecutive term.

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Trosper v. Bag 'N Save, No. S-05-889., SUPREME COURT OF NEBRASKA, July 6, 2007, Filed
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Overview: Extending its ruling in Jackson, Supreme Court of Nebraska held demotion, like discharge, violated public policy when an employer demoted an employee for filing a workers' compensation claim because demotion, like termination, frustrated public policy and beneficent purpose behind Workers' Compensation Act, Neb. Rev. Stat. §§ 48-101 to 48-1,117.

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Washington v. Conley, No. S-06-428., SUPREME COURT OF NEBRASKA, July 6, 2007, Filed
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Overview: District court erred in considering evidence outside of donor's personal representative's complaint and finding that it did not have subject matter jurisdiction over her claim seeking to establish a resulting or constructive trust; absent other evidence, allegations presented in the complaint were sufficient to vest jurisdiction in district court.

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