Appealing Litigation2018-08-15T15:18:50-05:00

Appealing Litigation

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 [...]

29May, 2019

You Can’t Say That on TM

By |May 29th, 2019|Categories: Intellectual Property, Nebraska Litigation & Trial Advisor|Tags: , , |0 Comments

Last month, the United States Supreme Court heard oral argument in Iancu v. Brunetti, 18-302, a fascinating case examining the intersection of the First Amendment and federal trademark law. At issue is whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” trademarks is [...]

1Mar, 2019

Does Nebraska’s Revised Summary Judgment Statute Require Submission Of A Statement Of Undisputed Material Facts?

By |March 1st, 2019|Categories: Nebraska Litigation & Trial Advisor|0 Comments

Appealing Litigation first addressed the 2017 “facelift” to the summary judgment statute in an October 2017 blog post. In her post, Partner Cathy Trent-Vilim noted that the revisions to Nebraska’s summary judgment statute, Neb. Rev. Stat. § 25-1332, now require the moving party, as well as the responding party, to [...]

23Jan, 2019

Looking Beyond the Pleadings for Motions to Dismiss: Part 3 of 3

By |January 23rd, 2019|Categories: Nebraska Litigation & Trial Advisor, Pleading|Tags: , , |0 Comments

This is the third installment of a three-part blog series on evidence that courts may consider when deciding motions to dismiss without converting the motion to one for summary judgment. Previous blog posts in this series discussed the admissibility of certain documents, matters of public records, and subjects of judicial [...]

9Jan, 2019

Looking Beyond the Pleadings for Motions to Dismiss: Part 2 of 3

By |January 9th, 2019|Categories: Nebraska Litigation & Trial Advisor|0 Comments

As discussed in the previous blog post regarding evidence admissible for motions to dismiss, courts can only consider limited types of evidence when deciding motions to dismiss. Public Records and Judicially Noticed Matters Public records, and subjects of judicial notice, are other forms of evidence defendants can properly rely upon [...]

21Dec, 2018

Looking Beyond the Pleadings for Motions to Dismiss – Part 1 of 3

By |December 21st, 2018|Categories: Nebraska Litigation & Trial Advisor, Pleading|0 Comments

Defense attorneys sometimes file motions to dismiss in lieu of answering complaints. To support these motions, defense attorneys may offer evidence, which is often objected to by opposing counsel on grounds that the admission of evidence would convert the motion to dismiss to a motion for summary judgment. If the [...]

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

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Cathy Trent-Vilim

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