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 [...]
Lawyers are Not Guarantors: Proving Causation in Legal Malpractice Cases
Your client had a great case. Or so you thought – just before the jury came back and found for the opposing party. Your disgruntled client is now looking to you to make her whole. Are you on the hook for the disappointing results? Of course, the answer depends [...]
Thinking of Suing Your Client for Unpaid Fees? Think Twice.
We've all been there. Long days. Late nights. Slogging away for the benefit of your client. Then, when you send the bill to be paid for your time, nothing happens. Days, weeks and months go by, to no avail. Your follow up letters, emails and phone calls fare no better. [...]
About the Blog
Appealing Litigation provides commentary on legal issues important to Midwest businesses and their owners.
Cathy Trent-Vilim
Editor and Author