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| Bohaboj v. Rausch, No. S-05-1504.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: District court continued to have jurisdiction over a paternity matter filed by the father pursuant to Neb. Rev. Stat. § 43-1411 when the mother had not given consent or made relinquishment of the child for adoption. The mother's contemplation of relinquishment was not enough to invoke provisions of Neb. Rev. Stat. § 43-104.05.
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| Bronsen v. Dawes County, No. S-04-237.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: Where appellant was injured on the courthouse lawn during a recreational event, Nebraska's Recreation Liability Act (RLA), Neb. Rev. Stat. §§ 37-729 to 37-736, applied and the organization that hosted the event was not liable for her personal injuries. However, the RLA's protection did not apply to the county as a governmental entity.
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| Neb. Liquor Distribs. v. Neb. Liquor Control Comm'n, No. S-05-890.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: Because a district court had discretion concerning the disposition of an appeal from an administrative agency under Neb. Rev. Stat. § 84-917(6)(b) (Reissue 1999), it was not required to remand a liquor license appeal to the Nebraska Liquor Control Commission to allow for the introduction of additional evidence.
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| Schumacher v. Johanns, No. S-05-375.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: Nebraska Telecommunications Universal Service Fund Act was not an unconstitutional delegation of legislative authority to the Public Service Commission (PSC); surcharge implemented by PSC was not a tax because payments from fund were made only to telecommunications companies for purpose of maintenance and upgrade of facilities.
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| State ex rel. Counsel for Discipline v. Beach, Nos. S-04-1399, S-05-1116.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: A disbarment under Neb. Ct. R. Disc. 4 was warranted in a case where an attorney, inter alia, made disparaging remarks to personnel associated with a disciplinary proceeding, wrote a letter to a client's husband urging him to commit suicide, and revealed confidences about a client to people not involved in her probation revocation case.
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| State v. Arnoldo T. (In re Veronica H.), No. S-05-425.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: Where a minor had been adjudicated in need of services under Neb. Rev. Stat. § 43-247, and remained under the custody of the state human services agency, the juvenile court had authority pursuant to Neb. Rev. Stat. § 43-285(1) to order the agency to replace the minor's current case manager with a more experienced manager.
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| State v. County of Lancaster, No. S-05-520.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: Under Neb. Rev. Stat. § 29-1823(1), the State was unable to unilaterally determine the amount a county owed for the treatment of a criminal defendant, who was mentally incompetent to stand trial; the costs were subject to a judicial determination first.
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| Young v. Midwest Family Mut. Ins. Co., No. S-05-540.,
SUPREME COURT OF NEBRASKA, September 29, 2006, Filed
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Overview: Two insureds should have been allowed to pursue a claim for attorney fees against an insurer under Neb. Rev. Stat. § 44-359 and Neb. Rev. Stat. § 25-901 because the insurer's written settlement offers in a case involving hail damage were insufficient to comply with § 25-901 since they were not the equivalent of an offer of judgment.
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