The Nebraska Litigation & Trial Advisor provides commentary on legal issues important to Midwest businesses and their owners.

22 Sep, 2021

The worst $333 never spent and the continuation of the common fund doctrine.

2021-09-23T10:19:15-05:00September 22nd, 2021|Appealing Litigation, Nebraska Litigation & Trial Advisor|

The common fund doctrine is alive and well in Nebraska, according to the Nebraska Supreme Court.  In Hauptman, O’Brien v Auto-Owners Ins. Co., 310 Neb. 147, - - N.W.2d - - (September 17, 2021), an injured plaintiff’s law firm sued Auto-Owners, the plaintiff’s automobile insurer. The insurer refused to reduce its $1,000 medical payment subrogation interest pursuant to the common fund doctrine. Standard Practice The common practice in Nebraska is [...]

19 Mar, 2021

Five Things You Should Know About Nebraska’s Legal Malpractice Limitations Period

2021-03-19T12:34:28-05:00March 19th, 2021|Legal Malpractice, Limitation of Liability, Litigation, Nebraska Litigation & Trial Advisor, Statute of Limitations, Statute of Repose|

Legal malpractice claims are an unfortunate part of the practice of law.  Nebraska’s professional negligence statute is ‘occurrence based.’  See Neb. Rev. Stat. § 25-222.  That means the two-year limitations period is triggered by, and begins to run from, the date of the alleged negligent act or omission. As straightforward that may sound, as with most things there are exceptions.  So here are 5 things you should know: 1.The limitations [...]

7 Jul, 2020

If You Can’t Get In Through the Front Door, Go Through the Back Door: Cross-Appealing on a Petition for Further Review

2020-07-30T14:08:05-05:00July 7th, 2020|Nebraska Litigation & Trial Advisor|

Last week the Nebraska Supreme Court decided an interesting appellate jurisdictional question. In Picard v. P& C Group I, 306 Neb. 292, the Supreme Court confronted allocation in a worker’s compensation case. The plaintiff had twice suffered work-related injuries, each to a different body part. Both injuries resulted in permanent partial disability and loss of earning capacity. The question was whether the worker’s compensation court could apportion any loss of [...]

28 Jan, 2020

U.S. Supreme Court Set to Tell Us Specifics of What is Required for Specific Personal Jurisdiction

2020-01-29T14:39:49-06:00January 28th, 2020|Nebraska Litigation & Trial Advisor|

The long arm of personal jurisdiction. As our nation’s economy becomes increasingly interconnected, the concept of personal jurisdiction—which governs when a court can constitutionally bind a defendant with a judgment—has become all the more important. This is especially true in an era of litigation tourism where the venue in which a case has been filed can significantly impact the quality of justice the parties receive. In the past decade, the [...]

29 May, 2019

You Can’t Say That on TM

2019-05-29T14:28:06-05:00May 29th, 2019|Intellectual Property, Nebraska Litigation & Trial Advisor|

Last month, the United States Supreme Court heard oral argument in Iancu v. Brunetti, 18-302, a fascinating case examining the intersection of the First Amendment and federal trademark law. At issue is whether Section 2(a) of the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” trademarks is facially unconstitutional under the First Amendment. To understand the implications for Iancu, a little background is necessary. First, trademarks. Trademarks [...]

1 Mar, 2019

Does Nebraska’s Revised Summary Judgment Statute Require Submission Of A Statement Of Undisputed Material Facts?

2019-03-13T08:52:34-05:00March 1st, 2019|Nebraska Litigation & Trial Advisor|

Appealing Litigation first addressed the 2017 “facelift” to the summary judgment statute in an October 2017 blog post. In her post, Partner Cathy Trent-Vilim noted that the revisions to Nebraska’s summary judgment statute, Neb. Rev. Stat. § 25-1332, now require the moving party, as well as the responding party, to provide citations to the evidence in support of their assertions of fact. After the statute became effective, it was unclear [...]

23 Jan, 2019

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

2019-01-30T10:02:46-06:00January 23rd, 2019|Nebraska Litigation & Trial Advisor, Pleading|

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 notice. Concessions and Admissions The next type of evidence that courts may consider outside of the pleadings is any concession [...]

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 [...]

21 Dec, 2018

Looking Beyond the Pleadings for Motions to Dismiss – Part 1 of 3

2018-12-31T11:23:54-06:00December 21st, 2018|Nebraska Litigation & Trial Advisor, Pleading|

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 trial court agrees, evidence that should be admissible is excluded. After months of discovery, the issue raised in the motion [...]

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 [...]

27 Jun, 2018

Lawyers are Not Guarantors: Proving Causation in Legal Malpractice Cases

2018-08-13T14:48:39-05:00June 27th, 2018|Expert Witnesses, Legal Malpractice, Nebraska Litigation & Trial Advisor|

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 on whether you committed malpractice; that is, whether you used the same skill, prudence, and diligence as lawyers of ordinary [...]

5 May, 2018

Thinking of Suing Your Client for Unpaid Fees? Think Twice.

2018-07-03T14:54:20-05:00May 5th, 2018|Ethics, Litigation Tips, Nebraska Litigation & Trial Advisor|

  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.  The time has come to file suit to collect. Or has it? If you are contemplating filing an action to [...]

21 Feb, 2018

Nebraska Court of Appeals Slogs Its Way Through the Jurisdictional Bog

2018-04-23T20:50:32-05:00February 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. [...]

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 Jan, 2018

The Nebraska Court of Appeals Overturns Lenient Sentence of Sex Offender Where Trial Judge Cited Teenage Girls’ Promiscuity as Basis for His Sentence

2018-04-23T20:50:32-05:00January 9th, 2018|Nebraska Litigation & Trial Advisor|

In an unpublished opinion, the Nebraska Court of Appeals recently remanded a case back to the trial court and ordered that the defendant be re-sentenced by a new judge. The opinion arose out of the conviction of 21 year old Taylor W. Welty-Hackett ("Welty"). He pled no contest to attempted first degree sexual assault. The plea agreement stemmed from Welty's intercourse with a 12 year old girl -- who he claimed said she [...]

14 Dec, 2017

You did what?! Five Lessons for What to Do – and Not Do – As an Attorney

2018-04-23T20:50:32-05:00December 14th, 2017|Ethics, Litigation Tips, Nebraska Litigation & Trial Advisor|

When you practices in the area of legal malpractice defense, you get to see all of the creative ways attorneys get themselves in trouble, or find themselves on the receiving end of a malpractice suit or disciplinary proceedings. Most recently, I came across the story of an Ohio attorney who was indefinitely suspended by the Ohio Supreme Court after being convicted of unauthorized use of his client's property (a fourth degree [...]

5 Dec, 2017

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

2018-04-23T20:50:32-05:00December 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 [...]

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 [...]

21 Oct, 2017

“Nebraska Nice”? Some Say Not As Friendly As Before

2018-04-23T20:50:32-05:00October 21st, 2017|In-House Counsel, Nebraska Litigation & Trial Advisor, Tort Reform|

If you track the periodic Lawsuit Climate Survey, published by the U.S. Chamber of Commerce’s Institute for Legal Reform, you know the 2017 rankings were issued last month.  The 2017 Survey constitutes the 11th fielding of the survey since the Institute for Legal Reform first began conducting its survey in 2002. The Survey This year’s survey was based on telephone and online surveys of 1,321 in-house counsel, senior litigators or [...]

7 Oct, 2017

Nebraska’s Summary Judgment Statute Gets A Facelift

2018-04-23T20:50:32-05:00October 7th, 2017|Motion Practice, Nebraska Litigation & Trial Advisor|

One of the challenges of being an attorney is keeping up on the law. Not the case law –the Nebraska Court of Appeals and Supreme Court publish their opinions weekly, here and here.  The day before the opinions are published, they even post advanced notice of their anticipated opinions, here and here. To make sure you don’t miss out on new developments, the Courts will even send you a list [...]

4 Sep, 2014

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

2018-04-23T20:50:32-05:00September 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

2018-04-23T20:50:32-05:00August 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 [...]

27 Mar, 2014

AAJ Regional Trial Competition

2018-04-24T00:08:56-05:00March 27th, 2014|Cross Examination, Litigation Tips, Nebraska Litigation & Trial Advisor, Trial|

Last week I noted that I would be assisting with the AAJ Regional Trial Competition held in Omaha.  I served as a judge for what was, in my view, a very close round between two good teams.  Here are some of the trial tactics I was reminded of: Do not assume the presiding judge knows your case as well as you do.  This particularly true when responding to an objection [...]

18 Mar, 2014

Judging AAJ Regional Trial Competition

2018-04-24T00:08:56-05:00March 18th, 2014|Nebraska Litigation & Trial Advisor, Trial|

This week Omaha plays host to a regional trial competition sponsored by the American Association for Justice.  Nine law schools from the Midwest region will send a total of 16 teams to compete.  I, along with many of my Omaha attorney colleagues, will serve as performance and presiding judges for the rounds.  This is a big moment in the lives of the participating law students.  It is where they have [...]

26 Sep, 2013

Use Of Original Deposition Testimony When There Has Been Substantive Change With Errata Sheet

2018-04-24T00:08:56-05:00September 26th, 2013|Deposition Preparation, Depositions, Expert Witnesses, Nebraska Litigation & Trial Advisor|

This post is authored by LDM lawyer Maria Lighthall. The sworn deposition testimony is taken, but then comes the Errata Sheet with both form and substantive changes that contradict prior testimony.  Are such changes in testimony admissible at trial?  The Majority rule says yes. Pursuant to the plain language of Neb. Ct. R. Disc. §6-330(e), changes to deposition testimony in form or substance are permitted so long as the changes [...]

11 Apr, 2013

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

2018-04-23T20:50:32-05:00April 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

2018-04-23T20:50:32-05:00April 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 [...]

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.  [...]

8 Nov, 2012

Creighton’s Trial Team Presents Well at Michigan State Competition

2018-04-24T00:08:56-05:00November 8th, 2012|Nebraska Litigation & Trial Advisor, Trial|

This year I again, along with co-coach Amy Zacharias, a Pottawattamie County, Iowa, Assistant County Attorney, had the pleasure of teaching trial advocacy to a team of four third-year law students from Creighton University's School of Law.  The team of four prepared for two months to compete at the National Trial Advocacy Competition hosted by Michigan State University College of Law.  The team then competed against 25 other schools at the [...]

3 Oct, 2012

Mark Twain Should Have Taught Legal Writing

2018-04-24T00:08:56-05:00October 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 [...]

2 Oct, 2012

Don’t Let Leopard-Print Underwear – or a Social Media Misstep – Become the Beginning of the End of Your Legal Career!

2018-04-23T20:50:33-05:00October 2nd, 2012|Ethics, Nebraska Litigation & Trial Advisor|

 This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. By Cathy Trent-Vilim: The use of social media has become so prevalent that oftentimes users do not think through the consequences of their posts.  In some instances, a social media misstep can be the beginning of the end of a promising career.  Take for instance Anya Cintron Stern, 31, a Miami-Dade public defender.  She was defending her [...]

20 Sep, 2012

Offering An Out of Court Statement? Hearsay Rule Simplified

2018-04-24T00:08:56-05:00September 20th, 2012|Cross Examination, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial|

Everyone, it seems, has heard of the word "hearsay."  Those of you lucky enough to be non-lawyers probably associate the word as meaning "something someone else said" or maybe even "gossip."  In fact, one on-line dictionary simply defines it as "information that you have heard without having any proof that it is true."  Well, in the law, the definition of hearsay is provided by the rules of evidence. From that standpoint, hearsay [...]

18 Sep, 2012

Ethical Duty Owed Third Party Lienholder or Subrogation Interest

2018-04-24T00:12:17-05:00September 18th, 2012|Ethics, Nebraska Litigation & Trial Advisor|

We know attorneys have an ethical obligation to their own clients for the safekeeping of property under Nebraska's Rules of Profession Conduct.  Neb.Rev.Stat. § 3-501.15.  This often arises in the area of personal injury litigation.  In fact, improper handling or usage of client monies often results in disbarment in the state of Nebraska.  It also appears Nebraska attorneys have an ethical obligation to protect the property of third parties whose interest may be contradictory to [...]

4 Sep, 2012

Law Students’ Suits Against Law Schools Dismissed

2018-04-24T00:12:17-05:00September 4th, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

In February, one of our blogs noted lawsuits being filed by laws students seeking damages due to law schools misrepresenting employment and salary data.  This included suits against New York Law School and Thomas M. Cooley Law School .  The claims raised by the suits appeared to be an uphill climb due to a few factors.  First, the critical thinking and analysis required of a potential attorney.  Second, the unforeseen effects of the economic decline in 2008.  At least two [...]

17 Aug, 2012

Trial Tactics from Apple v. Samsung

2018-04-24T00:08:56-05:00August 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: This week, one development that was reported is the histrionics of a lawyer [...]

9 Aug, 2012

When Technology Attacks: How Not Knowing the E-Filing Rules May Lead to Problems

2018-04-23T20:50:33-05:00August 9th, 2012|Nebraska Litigation & Trial Advisor, Trial|

This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. By Cathy Trent-Vilim: As a practicing litigation attorney, you have probably noticed the courts’ growing reliance on technology to manage litigation files, including the filing of court documents.  Are you familiar with Nebraska’s rules for electronic court filing, Neb. Ct. R. §§ 6-401-419?  If not, you might unwittingly be committing malpractice.  The potential downside of court-utilized technology [...]

21 Jun, 2012

Yet Another Blog about the Roger Clemens Trial

2018-04-24T00:08:56-05:00June 21st, 2012|Cross Examination, Direct/Redirect Examination, Nebraska Litigation & Trial Advisor, Trial|

Much has been written about the trial of Rogers Clemens.  While I prefer not to second guess strategies or debate whether Clemens is really innocent as opposed to simply not guilty, I believe the coverage afforded this trial provides some insight and reminders for lawyers who try cases.  One such thing was Judge Walton’s decision to allow jurors to propose questions to be asked of witnesses. I have been involved [...]

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 [...]

29 May, 2012

Cyber Gripe – “Anonymous” Comments Could Cost You Millions

2018-04-24T00:12:17-05:00May 29th, 2012|Discovery, In-House Counsel, Nebraska Litigation & Trial Advisor|

Two weeks ago, I noted the Internet has become an area where individuals with access to the Internet can effect peoples' lives and businesses.  Just about every website, blog and Internet forum provides individuals with the opportunity to comment on anything subject matter.  The comments are also often made under the guise of an "anonymous" username which provides little to no personal information about the commenters.  Be careful, your comments might [...]

24 May, 2012

Dangers of Email in Discovery

2018-04-24T00:08:56-05:00May 24th, 2012|Discovery, Nebraska Litigation & Trial Advisor|

I recently read a couple of articles which seemed to be written for each other.  The first article recounted the downward spiral of a discovery issue between two attorneys.  The issue had to do with simply scheduling depositions.  Without giving a blow by blow (almost literally) it is enough to say that one lawyer clearly was having a bad evening and did not appreciate that other’s requests for deposition dates.  If [...]

22 May, 2012

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

2018-04-23T20:50:33-05:00May 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. [...]

17 May, 2012

The Art of Jury Selection

2018-04-24T00:08:56-05:00May 17th, 2012|Nebraska Litigation & Trial Advisor, Voir Dire|

This post is authored by Dave Schmitt, a partner in LDM’s litigation department.  Mr. Schmitt draws upon his years of trial experience to discuss some of his thoughts on jury selection and provide a tool for selecting your next jury. By: Dave Schmitt: Parties resolve disputes through litigation and the trial process.  Typically a dispute in a legal case is decided by a jury rendering a verdict at the conclusion of the [...]

15 May, 2012

Cyber Gripe – Opinion, Defamation or Outright Harassment

2018-04-24T00:12:17-05:00May 15th, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

As the target of a local a cyber griper, I have taken interest in reading about cyber activities taken against individuals and businesses.  The activities can range from posting complaints on review websites all the way to creating websites for the purpose of complaining about a person or a business.  Just last month, Jicheng “Kevin” Liu, a reportedly prolific burglar suspected in some 90 burglaries in the Chicago area, was [...]

10 May, 2012

Data Protection and Consumer Notification (Part III)

2018-04-24T00:08:56-05:00May 10th, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

Last week I discussed what type of information is considered “personal information” under the Consumer Notification of Data Security Breach Act of 2006; Nebraska Statutes § 87-801.  If you are storing “personal information” which is subject to a data security breach, the Act requires that the person or entity storing that information provide notice of the breach to those whose personal information is being stored.  How do you give notice [...]

8 May, 2012

Litigators Can Learn From the Stanley Cup Playoffs

2018-04-24T00:12:17-05:00May 8th, 2012|Nebraska Litigation & Trial Advisor, Trial|

The National Hockey League is presently holding the Stanley Cup Playoffs.  As you may know, professional hockey is a an extremely physical sport which often includes physical confrontation. This is because all professional hockey players ferociously compete to secure the lone goal of each player in the NHL, having his name etched on the Stanley Cup alongside every other Stanley Cup Champion. Despite the physical and emotional intensity of competing [...]

4 May, 2012

Law Day and Avenger Day: What Superheroes Teach us About the Law

2018-04-24T00:08:56-05:00May 4th, 2012|Nebraska Litigation & Trial Advisor|

I am taking this opportunity to add a second post on a Friday.  This post is a break from the sports themed Friday format of this blog.  And the break is for good reason.  Actually two good reasons (but one better than the other).  First and foremost, this week (on May 1) marked the annual “Law Day” celebration.  As my colleague, Jason Grams, explained to a class of fifth graders to [...]

3 May, 2012

Implications of Data Protection and Consumer Notification (Part II)

2018-04-24T00:08:56-05:00May 3rd, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

Recently, I posted about the requirements of the Data Protection and Consumer Notification of Data Security Breach Act of 2006; Nebraska Statutes § 87-801.  What does this Act mean for business and individuals in Nebraska?  In my last post I noted that the Act requires notification to individuals if there is a security breach involving “personal information.”  But how do you know if you have “personal information?”  The Act defines [...]

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 [...]

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