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About Janae Hofer

Janae Hofer is an associate in the Firm’s Litigation Department. She received her law degree from Creighton University School of Law, cum laude, after receiving a full ride scholarship. She currently serves as a board member on the Mayor’s Advisory Commission for Citizens with Disabilities.
9 Jan, 2019

Looking Beyond the Pleadings for Motions to Dismiss: Part 2 of 3

2019-01-31T15:25:36-06:00January 9th, 2019|Nebraska Litigation & Trial Advisor|

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 on a motion to dismiss. Typically, all that is required is attaching the record since authenticity is not generally an [...]

5 Nov, 2018

Unique Tax Breaks for Individuals with Disabilities

2019-01-01T11:09:24-06:00November 5th, 2018|Appealing Litigation|

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 Act, the medical expense deduction floor of 26 U.S.C. § 213 was temporarily reduced from 10 percent to 7.5 percent. [...]

19 Jul, 2018

Disability Law: The Right to Visit Elderly or Disabled Relatives

2018-08-15T16:25:43-05:00July 19th, 2018|Appealing Litigation, Disability Law, Nebraska Litigation & Trial Advisor|

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 to a family member of a resident of a health care facility or an individual receiving care within any home [...]

26 Jan, 2018

Guarding Against Disability Discrimination Suits Arising from Employment

2018-04-23T20:51:39-05:00January 26th, 2018|Discrimination, Employment, Nebraska Litigation & Trial Advisor|

In hopes of leveling the playing field for individuals with disabilities seeking employment, the Americans with Disabilities Act (ADA) prohibits disability discrimination by employers with 15 or more employees with respect to terms, conditions, and privileges of employment. While the objective of this Act is admirable, employers are often apprehensive about interviewing and employing individuals who suffer from a “disability” (meaning a physical or mental impairment that substantially limits one or [...]

9 Nov, 2017

Preparing for the Future: Estate Planning for Parents of Children with Disabilities

2023-06-28T10:35:20-05:00November 9th, 2017|Nebraska Litigation & Trial Advisor, Succession and Estate Planning, Transactional|

Parents of special needs children must be cognizant of special considerations in virtually every area of life. Estate planning is no exception. The stringent eligibility requirements of SSDI/SSI and Medicaid/Medicare make the child’s continued eligibility a paramount concern when determining the child’s inheritance. Even if the child is currently employed and not eligible for disability benefits due to the child’s income, parents must evaluate how long the child will be [...]

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