Appealing Litigation2021-08-25T10:06:09-05:00

Appealing Litigation

22Sep, 2021

The worst $333 never spent and the continuation of the common fund doctrine.

By |September 22nd, 2021|Categories: Appealing Litigation, Nebraska Litigation & Trial Advisor|0 Comments

The common fund doctrine is alive and well in Nebraska, according to the Nebraska Supreme Court.  In Hauptman, O’Brien v Auto-Owners Ins. Co., 310 Neb. 147, - - N.W.2d - - (September 17, 2021), an injured plaintiff’s law firm sued Auto-Owners, the plaintiff’s automobile insurer. The insurer refused to reduce [...]

19Mar, 2021

Five Things You Should Know About Nebraska’s Legal Malpractice Limitations Period

By |March 19th, 2021|Categories: Legal Malpractice, Limitation of Liability, Litigation, Nebraska Litigation & Trial Advisor, Statute of Limitations, Statute of Repose|0 Comments

Legal malpractice claims are an unfortunate part of the practice of law.  Nebraska’s professional negligence statute is ‘occurrence based.’  See Neb. Rev. Stat. § 25-222.  That means the two-year limitations period is triggered by, and begins to run from, the date of the alleged negligent act or omission. As straightforward [...]

7Jul, 2020

If You Can’t Get In Through the Front Door, Go Through the Back Door: Cross-Appealing on a Petition for Further Review

By |July 7th, 2020|Categories: Nebraska Litigation & Trial Advisor|0 Comments

Last week the Nebraska Supreme Court decided an interesting appellate jurisdictional question. In Picard v. P& C Group I, 306 Neb. 292, the Supreme Court confronted allocation in a worker’s compensation case. The plaintiff had twice suffered work-related injuries, each to a different body part. Both injuries resulted in permanent [...]

28Jan, 2020

U.S. Supreme Court Set to Tell Us Specifics of What is Required for Specific Personal Jurisdiction

By |January 28th, 2020|Categories: Nebraska Litigation & Trial Advisor|0 Comments

The long arm of personal jurisdiction. As our nation’s economy becomes increasingly interconnected, the concept of personal jurisdiction—which governs when a court can constitutionally bind a defendant with a judgment—has become all the more important. This is especially true in an era of litigation tourism where the venue in which [...]

26Jun, 2019

Mystery Solved – How Weyh v. Gottsch Clarifies and Harmonizes Nebraska law on Prejudgment Interest

By |June 26th, 2019|Categories: Appealing Litigation|0 Comments

  For some time, Nebraska case law on prejudgment interest has been a quagmire for both attorneys and litigants. Answers to whether, and under what circumstances, litigants could recover prejudgment interest on unliquidated breach-of-contract claims varied. Some cases said certain procedural processes had to be satisfied; others left the question [...]

About the Blog

Appealing Litigation provides commentary on legal issues important to Midwest businesses and their owners.

litigation-Cathy-Trent-Vilim

Cathy Trent-Vilim

Editor and Author

Stay connected
Go to Top