Looking Beyond the Pleadings for Motions to Dismiss: Part 3 of 3
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 [...]
Looking Beyond the Pleadings for Motions to Dismiss: Part 2 of 3
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 [...]
Looking Beyond the Pleadings for Motions to Dismiss – Part 1 of 3
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 [...]
Unique Tax Breaks for Individuals with Disabilities
We all know the saying—“When life gives you lemons, make lemonade.” One of the ways that individuals with disabilities can “make lemonade” out of the endless financial burden of living with a disability is by taking advantage of unique tax deductions available to them. Under the Tax Cuts and Jobs [...]
Can my Company Really Be Sued in Nebraska? A Short Discussion on Personal Jurisdiction
Imagine Plaintiff John Doe has sued your company in, of all places, Nebraska. After consulting Google and confirming Nebraska does, in fact, have more cattle than people (6.6 million cattle to 1.8 million residents), you realize your company and have done little business in the State of Nebraska and has [...]
Disability Law: The Right to Visit Elderly or Disabled Relatives
At times, caregivers of elderly or disabled individuals, and family members of these individuals, may be at odds with each other. Among other struggles, caregivers may, at times, isolate the individuals from their loved ones. Nebraska recently enacted LB 122, a bill intended to prevent caregivers from arbitrarily denying visitation [...]
About the Blog
Appealing Litigation provides commentary on legal issues important to Midwest businesses and their owners.
Cathy Trent-Vilim
Editor and Author