Appealing Litigation2023-11-20T16:27:00-06:00

Appealing Litigation

20Feb, 2023

Why You Should Hire an Appellate Attorney Before Trial

By |February 20th, 2023|Categories: Appealing Litigation, Appellate Work, Latest News|0 Comments

Although an appeal comes after the trial is over, you should be thinking about hiring an appellate attorney long before the trial phase of a case. In fact, an appellate attorney can be a valuable resource throughout the pendency of your case in the trial court. How, you ask? First, [...]

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 [...]

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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

Editor and Author

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