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| Baer v. Douglas County (In re Estate of Baer), No. S-06-372.,
SUPREME COURT OF NEBRASKA, July 13, 2007, Filed
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Overview: The county court's judgment was reversed where it was made without the benefit of evidence supporting the allegations of the personal representative and estate; the inadequacy of the record was due to the failure of the representative, who had the burden of proof below, to present evidence.
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| Glad Tidings Assembly of God v. Neb. Dist. Council of the Assemblies of God, Inc., No. S-06-145.,
SUPREME COURT OF NEBRASKA, July 13, 2007, Filed
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Overview: A church's board of directors did not violate Neb. Rev. Stat. § 21-19,126 (Reissue 1997) when it disposed of the church's assets because the congregation had voted to close the church by standing in unison. Neither the church's bylaws nor Nebraska statutes required a particular procedure for conducing the vote on whether to close the church.
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| Hauptman, O'Brien, Wolf & Lathrop, P.C. v. Turco, No. S-05-928.,
SUPREME COURT OF NEBRASKA, July 13, 2007, Filed
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Overview: Court erred in sustaining law firm's motion for summary judgment as firm did not meet its initial burden of showing there was no genuine issue of material fact and it was entitled to judgment as matter of law in its suit to collect a contingency fee; inter alia, firm presented no evidence of extent and value of professional services it performed.
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| Tadros v. City of Omaha, No. S-05-1538.,
SUPREME COURT OF NEBRASKA, July 13, 2007, Filed
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Overview: Because Neb. Rev. Stat. § 25-21,185.11 mandated reduction by the settling tortfeasor's proportionate share of liability as determined by the trier of fact, the trial court erred in failing to deduct that share of responsibility attributable to the other tortfeasor from the pedestrian's judgment for economic damages against the city.
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| Travelers Indem. Co. v. Int'l Nutrition, Inc., No. S-06-063.,
SUPREME COURT OF NEBRASKA, July 13, 2007, Filed
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Overview: Court did not err in granting summary judgment to workers' compensation insurer as insurer's policy gave it authority to change insured employer's National Council on Compensation Insurance, Inc., (NCCI), classification code and retroactively apply change, and court did not err in awarding prejudgment interest under Neb. Rev. Stat. § 45-103.02(2).
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| Williams v. Baird, No. S-06-889.,
SUPREME COURT OF NEBRASKA, July 13, 2007, Filed
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Overview: Order denying caseworker's qualified immunity claims was not final under Neb. Rev. Stat. § 25-1902 but under collateral order doctrine, supreme court could review the caseworker's qualified immunity claim. Caseworker was entitled to qualified immunity on the client's 42 U.S.C. S. § 1983 claim as he failed to allege cognizable constitutional claim.
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| State v. Kennedy (In re Estate of Straka), No. A-06-1047.,
NEBRASKA COURT OF APPEALS, July 17, 2007, Filed
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Overview: The county court was not clearly wrong when it found that a trustee had failed to carry her burden of proof of showing that she was a person to whom the testator for not less than 10 years prior to his death stood in the acknowledged relation of a parent; thus, she did not qualify for the inheritance tax exemption in Neb. Rev. Stat. § 77-2004.
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| State v. Reddish, No. A-06-465.,
NEBRASKA COURT OF APPEALS, July 17, 2007, Filed
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Overview: Pursuant to Neb. Rev. Stat. § 43-276, district court did not err in denying defendant juvenile's motion to transfer jurisdiction to juvenile court as he was 17 at time he made motion and seriousness of the offense, arson. Sentence imposed was within statutory limits. Defendant did not properly raise issue concerning trial counsel's effectiveness.
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| State v. Thompson, No. A-06-612.,
NEBRASKA COURT OF APPEALS, July 17, 2007, Filed
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Overview: In a sexual assault of a child case, defendant's probationary sentence was not excessively lenient under Neb. Rev. Stat. § 29-2322 because an examination by a clinical psychologist indicated that defendant was neither a pedophile nor a sexual predator, but rather, that his crimes stemmed from poor judgment and a lack of impulse control.
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| State v. Welsh (In re Estate of Malloy), No. A-06-178.,
NEBRASKA COURT OF APPEALS, July 17, 2007, Filed
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Overview: The evidence failed to show that the decedent, an uncle, for not less than 10 years prior to his death stood in the acknowledged relationship of a parent to the nephew; while the uncle and nephew shared a close relationship, the nephew did not qualify for preferential tax treatment under Neb. Rev. Stat. § 77-2004.
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