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| Jackson v. Precision Builders, Inc., No. A-05-1108.,
NEBRASKA COURT OF APPEALS, July 11, 2006, Filed
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Overview: Workers' compensation court did not err in determining that vocational rehabilitation counselor's initial loss of earning capacity opinion was entitled to a rebuttable presumption of correctness under Neb. Rev. Stat. § 48-162.01(3), rather than her supplemental opinion which had been based on the employee's perception of his physical capabilities.
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| Maag v. Maag, No. A-05-1266.,
NEBRASKA COURT OF APPEALS, July 11, 2006, Filed
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Overview: The trial court erred in modifying a divorce decree to add additional parenting time for the father where the trial court's finding that a material change in circumstances affecting the best interests of the children was not supported by the record. The trial court's order did not indicate what it found to be a material change in circumstances.
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| Michel v. Nuway Drug Serv. , No. A-05-1351.,
NEBRASKA COURT OF APPEALS, July 11, 2006, Filed
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Overview: Trial court did not err in finding that the employee's small bowel obstruction was casually related to his original injury or in adopting the expert opinions of the employee's doctors; the employer's argument that the doctors' opinions were insufficient to determine causation were rejected.
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| State Bank v. Lutz, No. A-05-846.,
NEBRASKA COURT OF APPEALS, July 11, 2006, Filed
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Overview: Summary judgment in favor of the owners was affirmed because there was nothing in the record to suggest that the bank filed the required notice of default, which was obviously a precondition to the exercise of the power of sale, and any reliance on the alleged oral representation was not reasonable when a senior debt was clearly of record.
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| State v. Martina A. (In re Walter W.), No. A-05-1201.,
NEBRASKA COURT OF APPEALS, July 11, 2006, Filed
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Overview: State did not comply with Neb. Rev. Stat. § 43-1505(1) of Indian Child Welfare Act as the tribe custodian or secretary was not given notice of hearing on termination of mother's parental rights, thus, hearing was invalid and order of termination was vacated and cause was remanded for proceedings to be conducted following proper notice to the tribe.
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| State v. Prater, No. A-05-1544.,
NEBRASKA COURT OF APPEALS, July 11, 2006, Filed
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Overview: One year sentence for intent to deliver was vacated and defendant was sentenced to 8 to 12 years, because the sentence was untenable, deprived the State of a substantial right and was an unjust result, as the sentence did not reflect the seriousness of the offense or promote respect for the law.
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| Valasek v. Neth, No. A-05-387.,
NEBRASKA COURT OF APPEALS, July 11, 2006, Filed
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Overview: Driver's license revocation was upheld where sworn report conferred jurisdiction, where failure to hold hearing on motion to compel witness testimony and denial of motion did not violate due process because hearing was not requested, and where evidence, of officer's probable cause to believe driver stopped for speeding was impaired, was unrefuted.
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| Lovette v. Stonebridge Life Ins. Co., No. S-05-389.,
SUPREME COURT OF NEBRASKA, July 14, 2006, Filed
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Overview: In a case in which parents sued insurer to recover as beneficiaries on an accidental death policy issued to their son, because fact finder could infer, without expert testimony, that son's blood alcohol level was causally related to the manner in which his fatal car accident occurred, summary judgment in favor of insurer was properly granted.
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| Reed v. Neb. DOL, No. S-05-1473.,
SUPREME COURT OF NEBRASKA, July 14, 2006, Filed
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Overview: Denial of trade readjustment allowance benefits as untimely was affirmed because the U.S. Congress amended the Trade Act by adopting qualifying deadlines, and did not allow for a good cause exception in either state or federal law.
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