Appealing Litigation
Iowa Supreme Court to Clarify Certificate of Need Requirement
Patients who sue their healthcare providers in Iowa are required to file a certificate of merit from a qualified expert who attests the provider breached the standard of care. An Iowa statute requires them to file this certificate within sixty days of the provider’s answer, but before the [...]
Why You Should Hire an Appellate Attorney Before Trial
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, [...]
Top 4 Reasons to Hire an Appellate Specialist for an Appeal
1. A Fresh Set of Eyes Even the most gifted trial attorney can develop blind spots in a case. An appellate specialist brings a fresh set of eyes to your case and see issues you do not see. Appellate attorneys can also bring a new perspective to the case. An [...]
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 [...]
About the Blog
Appealing Litigation provides commentary on legal issues important to Midwest businesses and their owners.
Cathy Trent-Vilim
Editor and Author