Appealing Litigation
The worst $333 never spent and the continuation of the common fund doctrine.
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 [...]
Five Things You Should Know About Nebraska’s Legal Malpractice Limitations Period
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 [...]
If You Can’t Get In Through the Front Door, Go Through the Back Door: Cross-Appealing on a Petition for Further Review
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 [...]
U.S. Supreme Court Set to Tell Us Specifics of What is Required for Specific Personal Jurisdiction
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 [...]
Five Reasons to Never Forego a Reply Brief
I was recently speaking with a member of the Nebraska Court of Appeals . During the discussion, the judge lamented how surprised he/she is that so few Nebraska attorneys file reply briefs. My jaw practically hit the floor. I simply could not believe attorneys forego a reply brief. Think about [...]
Mystery Solved – How Weyh v. Gottsch Clarifies and Harmonizes Nebraska law on Prejudgment Interest
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.
Cathy Trent-Vilim
Editor and Author