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23 Apr, 2013

Employment Related Bills Considered by the Nebraska Legislature

2018-04-23T23:55:18-05:00April 23rd, 2013|Construction Contractor Advisor, Legislation|

As the Nebraska legislature winds down its Spring session, a few bills related to employment are still being considered. They are: LB58 – Senator Tyson Larson of O’Neill introduced a bill prohibiting Nebraska employers from requesting or requiring employees/applicants to provide account information and passwords which would allow employers access to employee’s/applicant’s private social networking profiles, such as Facebook. LB177 - Senator Jim Smith of Papillion seeks to expand the [...]

24 Jan, 2013

Lance Armstrong, Oprah and the False Claims Act

2018-04-24T00:08:56-05:00January 24th, 2013|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor, Trial|

This post is authored by Stacy Morris, a partner in LDM's litigation department. By Stacy Morris Recently, we had written several blog posts about the expanding reach of the False Claims Act, and, in particular, of the whistleblower provisions which allow citizens to bring private actions against those suspected of making false or fraudulent claims to the government.  The False Claims Act has become an increasingly hot topic over the [...]

17 Jan, 2013

To Keep or Not to Keep: Targeting Overpayments of Government Funds through the False Claims Act

2018-04-24T00:08:56-05:00January 17th, 2013|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor, Trial|

This post is authored by Stacy Morris, a partner in LDM's litigation department. By Stacy Morris In earlier posts, we had submitted a four-part series about the False Claim Act (“FCA”), and its ever-expanding reach in light of amendments that were passed as part of the Fraud Enforcement and Recovery Act (“FERA”) of 2009.  The FCA generally prohibits making false or fraudulent statements to the government to get government funds.  [...]

31 May, 2012

What Role Can Statutes Play in Determining A Duty in Negligence Actions?

2018-04-24T00:08:56-05:00May 31st, 2012|Legislation, Nebraska Litigation & Trial Advisor|

Most people have heard the term “negligence” but many do not understand exactly what that means.  In Nebraska, as in most states, for actionable negligence to exist there must be 1) a legal duty on the part of the defendant to protect the plaintiff from injury, 2) a failure to discharge that duty, and 3) damage proximately resulting from the undischarged duty.  The threshold inquiry in any negligence action is [...]

1 May, 2012

Seven Final Thoughts on Economic Damages and Joint and Several Liability

2018-04-24T00:12:17-05:00May 1st, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

Over the course of this six part series, we have examined the state of economic damages and joint and several liability law in Nebraska.  I will provide some closing thoughts on the state of the law, the system and a substantial question that has not been answered. Any co-defendant has the risk of being jointly liable for all economic damages when there is no settlement between the claimant and any liable party (Part [...]

24 Apr, 2012

Economic Damages and Joint and Several Liability, Part V

2018-04-24T00:12:17-05:00April 24th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

As per my note in Part IV, I am going to take a look at a case which appears to be contrary to the Nebraska Supreme Court's ruling in Tadros v. City of Omaha, 273 Neb. 935, 735 N.W.2d 377 (2007), Jameson v. Liquid Controls Corp., 260 Neb. 489, 618 N.W.2d 637 (2000).  However, common analysis between the opinions does create some consistency.  Jameson was a strict liability suit against brought [...]

19 Apr, 2012

Data Protection and Consumer Notification in Nebraska

2018-04-24T00:08:57-05:00April 19th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

In my post last week I mentioned that Nebraska has a law call the Data Protection and Consumer Notification of Data Security Breach Act of 2006.  It is found in the Nebraska Statutes beginning at section 87-801.  The name is mouthful.  But while it is clear that a simple name was not the goal of the Act, making consumers aware of any potential data breaches of their personal information is.  The [...]

17 Apr, 2012

Economic Damages and Joint and Several Liability, Part IV

2018-04-24T00:12:18-05:00April 17th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

As noted in Part III of this series, we are going to examine the reasoning behind the Nebraska Supreme Court determining joint and several liability ceases when one of two liable parties settle with a claimant as set forth in Tadros v. City of Omaha, 273 Neb. 935, 735 N.W.2d 377 (2007). In reaching its determination, the Court first considered the plain language of the Neb.Rev.Stat. §§ 25-21,185.09 to 25-21,185.11.  In doing so, the Court first determined Neb.Rev.Stat. § [...]

10 Apr, 2012

Economic Damages and Joint and Several Liability, Part III

2018-04-24T00:12:18-05:00April 10th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

As alluded to in Part I and Part II of this series, the Nebraska Supreme Court addressed the effect of Nebraska's Comparative Fault Act on joint and several liability when a settlement occurs with one liable party in Tadros v. City of Omaha, 273 Neb. 935, 735 N.W.2d 377 (2007).  Tadros arose when Georgette Tadros was seriously injured when she was struck by a vehicle while crossing the street.  Tadros had begun [...]

20 Mar, 2012

Economic Damages and Joint and Several Liability – Part I

2018-04-24T00:12:18-05:00March 20th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

Over the next few Tuesday posts, we will be addressing the interplay between economic damages and joint and several liability.  It is often complicated, and can lead to some potentially inequitable results in large economic damage cases.  In handling cases with mutiple defendants and substantial economic damages, joint and several liability is a primary consideration in determining exposure.  As with some states, joint and several liability in Nebraska is covered by the Nebraska Comparative Fault Act, [...]

8 Mar, 2012

The Expanding Reach—and Allure—of the False Claims Act: Part III

2018-04-24T00:08:57-05:00March 8th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

This is part III in a series of posts authored by Stacy Morris, a partner in LDM’s litigation department.  Mr. Morris has agreed to draw upon his experiences with the False Claims Act to provide information about the growing issues for businesses and individuals. By Stacy Morris The allure of a claim under the FCA is due in large part to the built-in damages provisions.  There is a two-step process [...]

6 Mar, 2012

The Expanding Reach—and Allure—of the False Claims Act: Part II

2018-04-24T00:12:18-05:00March 6th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

The next series of posts are authored by Stacy Morris, a partner in LDM’s litigation department.  Mr. Morris has agreed to draw upon his experiences with the False Claims Act to provide information about the growing issues for businesses and individuals. By Stacy Morris Last week, we provided a brief introduction to the origins of the FCA, and pointed out three of the provisions that are often alleged in FCA [...]

7 Feb, 2012

Notes From Nebraska Unicameral’s 102nd Legislature, 2nd Session

2018-04-24T00:12:18-05:00February 7th, 2012|Legislation, Nebraska Litigation & Trial Advisor|

Senator Colby Coash of District 27 introduced two bills which may affect the Nebraska Judiciary, LB 790 and LB 862.  LB 790 would amend Neb.Rev.Stat. § 24-503 by transferring the vacant County Court Judge position from District 5 (Merrick, Platte, Colfax, Boone, Nance, Hamilton, Polk, York, Butler, Seward and Saunders Counties) to District 3 (Lancaster County).  As Neb.Rev.Stat. § 24-503 currently exists, both Districts have six County Court Judges.  The basis for the proposed amendment [...]

3 Jan, 2012

Amendments to Nebraska’s Probate Code Add Protection To Personal Injury Settlements

2018-04-24T00:12:18-05:00January 3rd, 2012|Legislation, Nebraska Litigation & Trial Advisor|

An article by Todd Cooper in the Omaha World Herald on December 20, 2011 highlights the need for the amendments to Nebraksa's Probate Code provisions governing the appointment of conservators and guardians which took effect on January 1, 2012.  Although monetary assets of a ward are often protected by being deposited in an account which allows for withdrawal only upon court order, Mr. Cooper's article notes the arrest of a son acting as a guardian for his mother when [...]

6 Dec, 2011

Paid vs. Billed – What is the Correct Measure of Medical Bill Damage?

2018-04-24T00:12:19-05:00December 6th, 2011|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor, Trial|

The world of health insurance and medical billing write-offs has created a hot topic in the world of personal injury trial practice, whether the measure of medical bill damages a personal injury plaintiff may recover is the amount billed by the provider or the amount paid and accepted as full and final payment by the provider.  The issue has been addressed by legislation in many states.  Some attorneys believe Nebraska's Unicameral Legislature addressed the issue [...]

29 Nov, 2011

Is Consolidation of Nebraska’s Two Level Trial Court System on the Horizon?

2018-04-24T00:12:19-05:00November 29th, 2011|Legislation, Nebraska Litigation & Trial Advisor|

On May 26, 2011, Nebraska Governor Dave Heineman signed LB 669, which contained a substantial number of amendments to Nebraska statutes relating to provision of courts services by the District Courts and County Courts.  The amendments reveal budgetary woes that have plagued other state court systems, such as Iowa and California, may have finally landed in Nebraska. Buried within a bill that amends no less than 25 statutes in the state of [...]