Justia Nebraska Supreme Court Opinion Summaries

Articles Posted in Class Action

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Rosemary Henn filed a putative class action in a federal court alleging that American Family Mutual Insurance Company wrongfully failed to compensate her and others similarly situated by depreciating labor costs in calculation of “actual cash value” for loss or damage to a building under its homeowner’s insurance policies. The federal court certified a question to the Nebraska Supreme Court asking whether an insurer, in determining the “actual cash value” of a covered loss, may depreciate the cost of labor when the policy does not state explicitly that labor costs will be depreciated and the terms “actual cash value” and “depreciation” are not defined in the policy. The Supreme Court answered in the affirmative, holding that the term “actual cash value” is unambiguous and that labor can be depreciated. View "Henn v. American Family Mutual Insurance Co." on Justia Law

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After EyeCare Specialties, P.C. of Lincoln terminated the employment of Cindy Marshall, Marshall sued, alleging that EyeCare discriminated against her because of her skin condition, tremors, and perceived disability related to her past prescription drug abuse. The district court granted summary judgment in favor of EyeCare. The Supreme Court reversed, holding (1) a genuine issue of material fact existed concerning whether EyeCare discriminated against Marshall because of her skin condition and tremors, both of which EyeCare perceived to substantially limit Marshall’s ability to work; and (2) Marshall failed to present evidence that EyeCare discriminated against her for having a perceived drug addiction that substantially limited one or more major life activities. View "Marshall v. EyeCare Specialties, P.C." on Justia Law

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Sanitary and Improvement District No. 1, Butler County, Nebraska (SID #1) filed two class action lawsuits in Cass County, Nebraska, alleging that various county treasurers unlawfully deducted an incorrect percentage of assessments of municipal improvements collected on behalf of SID #1 and other sanitary and improvement districts. The county treasurers filed motions to dismiss for failure to state a claim. The district court granted those motions, concluding that the sanitary and improvement districts are not municipal corporations and therefore do not create municipal improvements. SID #1 appealed. The Supreme Court consolidated the appeals and reversed, holding that SID #1 stated a cause of action because a sanitary and improvement district can levy municipal taxes and make municipal improvements. Remanded. View "Sanitary & Improvement Dist. No. 1 v. Adamy" on Justia Law