In an opinion issued this March, the Nebraska Supreme Court strengthened contractors’ rights to file liens to protect their interests in property upon which they performed work. The case was Nore Electric v. S&H Holdings, 316 Neb. 197 (2024). In that case, the Court held that an owner could not transfer its ownership interest free of contractors’ lien interests during a period following a notice of termination. Under Nebraska law, [...]
On October 6, 2007 Thomas Latzel and Daniel Vanekelenburg were involved in a car accident with Patrick Gaughen at the intersection of County Road T and Count Road 17. Three years later, Thomas Latzel would die from the injuries he incurred in the accident. Thomas' wife, Amanda Latzel, brought a lawsuit against Ronald and Doug Bartek alleging they negligently planted corn too close to the intersection causing the accident. It [...]
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 [...]
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. [...]
Irrigators on the Niobrara River Basin won a big hand recently when the Nebraska Supreme Court found in their favor again. The ruling does not end the ongoing card game with NPPD, but it may give irrigators a chance to expand their water rights in the basin. Last June, I posted this blog regarding the Court's decision ordering the Department of Natural Resources (DNR) to re-determine whether the basin was "maxed out" for irrigation purposes. Despite the ruling, the Nebraska Public [...]
Family farms and ranches are built on generations of hard work, determination and a little bit of luck. Considering all the sweat that goes into building a successful operation it is imperative for the farmer or rancher to have a plan to keep the operation in the family through situations such as death, divorce or dissolution. There are several options and your attorney can help you pick out the best options for you and your operation. With that said, you must [...]
