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21 Feb, 2018

Nebraska Court of Appeals Slogs Its Way Through the Jurisdictional Bog

By |2018-04-23T20:50:32+00:00February 21st, 2018|Appellate Work, Nebraska Litigation & Trial Advisor|

Almost two years ago I wrote about the "swamp" of appellate jurisdiction in family law cases.  Unfortunately, the statutes have gone unchanged, and so the appellate courts continue to slog their way through the swamp, trying to explain why one order by the court is not final and another one is.  It's a complicated dance. Just yesterday, in In re Interest of Jaydon W. & Ethan W., 25 Neb. App. [...]

5 Dec, 2017

Losing the Battle Before It Has Even Begun: Preserving Your Appellate Record

By |2018-04-23T20:50:32+00:00December 5th, 2017|Appellate Work, Nebraska Litigation & Trial Advisor|

Today, in its only published opinion (a 35-pager to boot), the Nebraska Court of Appeals reminded attorneys of the importance of preserving your trial court record for appellate review.  That constitutional argument, no matter how brilliant, will mean nothing unless you raise it at the trial court level, and give the trial court an opportunity to pass judgment on it. Also, if evidence is excluded, and you believe the exclusion [...]

4 Sep, 2014

Oh the Humanity! What to Do When the Nebraska Court of Appeals Cancels Your Oral Argument in an Appeal PART II

By |2018-04-23T20:50:32+00:00September 4th, 2014|Appellate Work, Nebraska Litigation & Trial Advisor|

This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department.  This is Part II of her two part post. Welcome to Part II.  If you’ve found your way to Part II, chances are you’ve received notice from the Court of Appeals, at one time or another, notifying you that the Court has elected to forego oral argument in your case.  As you learned in Part I, the Supreme [...]

28 Aug, 2014

Oh the Humanity! What to Do When the Nebraska Court of Appeals Cancels Your Oral Argument in an Appeal PART I

By |2018-04-23T20:50:32+00:00August 28th, 2014|Appellate Work, Nebraska Litigation & Trial Advisor|

This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. Imagine stepping up to the plate, preparing to hit your first baseball of the season.  You’ve been looking forward to this moment for months, picturing it in your mind and practicing for what seems like forever.  Just as the pitcher gets ready to wind up, the heavenly floodgates open and a torrential downpour ensues.  Worse yet, the [...]

11 Apr, 2013

Werner v. Platte County (Part II): Don’t Get Too Excited About the Excited Utterance Hearsay Exception

By |2018-04-23T20:50:32+00:00April 11th, 2013|Appellate Work, Cross Examination, Direct/Redirect Examination, Discovery, Litigation Tips, Nebraska Litigation & Trial Advisor, Trial, Witness Preparation|

   LDM Partner Cathy Trent-Vilim continues her discussion of her recent case in this post. You read in Part I of Werner v. Platte County how the Nebraska Supreme Court affirmed the trial court’s ruling that statements by Mr. Werner made to the EMT while at the scene of the accident qualified for the excited utterance exception to the hearsay rule.  The purpose of this post is to discuss why [...]

9 Apr, 2013

Werner v. Platte County (Part I): Get Excited About the Excited Utterance Hearsay Exception

By |2018-04-23T20:50:32+00:00April 9th, 2013|Appellate Work, Direct/Redirect Examination, Discovery, Litigation Tips, Nebraska Litigation & Trial Advisor, Trial, Witness Preparation|

LDM attorneys Cathy Trent-Vilim and Bill Lamson recently received a decision from the Nebraska Supreme Court affirming the maximum $1 million judgment obtained on behalf of Brian Werner in a suit against Platte County, Nebraska, arising from injuries Mr. Werner suffered while a passenger in a vehicle being pursued by a Platte County deputy. LDM Partner Cathy Trent-Vilim  discusses her recent case in this post. In appealing the judgment, Platte County [...]

3 Oct, 2012

Mark Twain Should Have Taught Legal Writing

By |2018-04-24T00:08:56+00:00October 3rd, 2012|Appellate Work, Legal Writing, Nebraska Litigation & Trial Advisor|

I am about a month into year seven (I think) of teaching a trial class for Creighton University School of Law.  I enjoy the process but every year one of the most frustrating things for students is how long it takes to develop their case.  As with many things, there is simply no substitute for experience.  But last week I was reminded of one of my favorite quotes and shared [...]

17 Aug, 2012

Trial Tactics from Apple v. Samsung

By |2018-04-24T00:08:56+00:00August 17th, 2012|Appellate Work, Nebraska Litigation & Trial Advisor, Trial|

As you may have heard, Apple is suing Samsung.  There is no shortage of coverage of the daily happenings of trial including some very good technical analysis of the issues.  Apple is alleging that Samsung stole its intellectual property.  But one thing no one can steal is Conan O'Brien's intellectual quirkiness.  His spoof of the dispute is very funny: http://www.youtube.com/watch?v=YciM_54HzZk&feature=player_embedded This week, one development that was reported is the histrionics of a lawyer [...]

22 May, 2012

Procrastinators Beware – Brief Extensions Are No Longer A Given in the Nebraska Appellate Courts

By |2018-04-23T20:50:33+00:00May 22nd, 2012|Appellate Work, Nebraska Litigation & Trial Advisor|

This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. By Cathy Trent-Vilim: We’ve all been there before.  Gazing at the foot-high stack of transcripts and bill of exceptions, you decide to put them aside and work on something else that day.  Then that day turns into a week, which turns into two weeks, and before you know it, you’re scrambling to meet your appeal brief deadline. [...]

10 Nov, 2011

Jury Questions Answered Without Counsel

By |2018-04-24T00:08:58+00:00November 10th, 2011|Appellate Work, Nebraska Litigation & Trial Advisor, Trial|

Last week I posted about the process for handling questions from jurors while they are in deliberations. I noted that Neb.Rev.Stat. § 25-1116 requires that the Judge contact the parties or their counsel about the question. The Nebraska Supreme Court has clearly stated that this is the process to be followed (See Nebraska Depository Inst. Guar. Corp. v. Stastny, 243 Neb. 36, 497 N.W.2d 657 (1993); In re Estate of [...]