Justia Nebraska Supreme Court Opinion Summaries

The case revolves around the interpretation of a provision in the Eileen Ryan Revocable Trust. The provision in question bequeathed $5 million in "Countable Assets" to each of Eileen’s five children. Constance M. Ryan, one of the children, argued that she had not yet received the full amount of Countable Assets. She contended that certain gifts she had received during Eileen’s lifetime were intended to be separate from the testamentary bequests made in Eileen’s trust instruments and therefore, such gifts would not reduce the amount she would receive under the Countable Assets provision.The County Court for Douglas County found that Constance had already received more than the $5 million due in Countable Assets based on the language of the trust instrument and evidence. The court granted summary judgment against Constance on all issues and dismissed her petition. Constance appealed this decision.The Nebraska Supreme Court affirmed the lower court's decision. The court found that the trust agreement was unambiguous and that the distributions Constance received from irrevocable trusts during Eileen’s lifetime were Countable Assets. Therefore, Constance had already received the $5 million bequest and was not entitled to additional assets. The court also rejected Constance's request to reform the trust agreement, finding no evidence that both Eileen’s intent and the terms of the trust were affected by a mistake of fact or law. View "In re Eileen Ryan Revocable Trust" on Justia Law

The case involves Makhi Woolridge-Jones, who was convicted of second-degree murder, second-degree assault, and two counts of use of a deadly weapon to commit a felony. The charges stemmed from a shooting at a shopping mall that resulted in the death of one man and injury to a woman. Woolridge-Jones fired multiple shots, hitting the man. On appeal, Woolridge-Jones argued that the district court erred in excluding expert testimony that would have opined that the initial shot fired by him put him in a state of peritraumatic dissociation. He also claimed that the evidence was insufficient to support his convictions and that his sentences were excessive.The District Court for Douglas County had previously found Woolridge-Jones guilty of the lesser-included offense of second-degree murder, second-degree assault, and two counts of use of a deadly weapon to commit a felony. The court had also excluded the expert testimony of a licensed psychologist who had evaluated Woolridge-Jones and opined that he experienced symptoms of peritraumatic dissociation during the shooting incident.The Nebraska Supreme Court affirmed the lower court's decision. The court found that the expert's testimony would not have assisted the jury in determining whether Woolridge-Jones acted with the requisite intent to be found guilty of second-degree murder. The court also found that there was sufficient evidence to support Woolridge-Jones' convictions and that the district court did not abuse its discretion in sentencing him. View "State v. Woolridge-Jones" on Justia Law

The Nebraska Supreme Court ruled that the State of Nebraska and the Nebraska Department of Health and Human Services (DHHS) are immune from a lawsuit brought by three siblings who were physically and sexually abused in a foster home. The siblings, Joshua M., Sydnie M., and Abigail S., were placed in the foster home by DHHS in 1996. They alleged that DHHS was negligent in recommending and supervising their placement and in failing to remove them from the home when DHHS knew or should have known they were being abused. The court found that the siblings' claims fell within the State Tort Claims Act's exemption for claims arising out of assault or battery, and thus were barred by the State's sovereign immunity. The court also found that DHHS did not breach its duty of care to the siblings. The court affirmed the judgment in favor of DHHS and remanded the case with directions to dismiss the claims against DHHS. The court also affirmed a judgment against the siblings' former foster parent in the amount of $2.9 million. View "Joshua M. v. State" on Justia Law

The plaintiffs, Saint James Apartment Partners, LLC, Central States Development, LLC, and John C. Foley, filed a civil action against Universal Surety Company, alleging that a notary public covered under Universal's bond engaged in negligent conduct. The plaintiffs did not include the notary public as a party to the action. Universal filed a motion to dismiss, arguing that the plaintiffs failed to join the notary public as a necessary party and that the complaint failed to state a claim upon which relief could be granted. The district court granted the motion to dismiss without prejudice, concluding that Nebraska law required the plaintiffs to join the notary public in the action.The Nebraska Supreme Court reversed the district court's decision. The court held that an involuntary dismissal for a lack of a necessary party, which leaves nothing remaining for the trial court to do, is a final order over which an appellate court may exercise jurisdiction. The court also held that Nebraska law does not require a person suing under the official bond of a notary public to join the notary as a necessary party to the action. The case was remanded for further proceedings consistent with the court's opinion. View "Saint James Apt. Partners v. Univeral Surety Co." on Justia Law

The case involves RaySean Barber, an inmate in the custody of the Nebraska Department of Correctional Services (DCS), who was diagnosed with a mental illness. Barber refused treatment with antipsychotic medications, leading DCS medical staff to apply for a series of involuntary medication orders (IMOs) authorizing monthly injections of the antipsychotic medication Haldol against his will. Barber filed a lawsuit against the State of Nebraska under the State Tort Claims Act (STCA), alleging that DCS employees were negligent in applying for, ordering the initiation and continuation of, and upholding the IMOs.The State moved to dismiss Barber's complaint, arguing that the claim was barred by the STCA’s exemption for any claim arising out of battery. The district court agreed and dismissed the complaint, reasoning that the unconsented and involuntary injection is the cause of Barber’s alleged injury—a battery.The Nebraska Supreme Court affirmed the district court's decision. The court concluded that Barber's claim—that DCS staff negligently subjected him to an IMO and injected him with Haldol against his will—is a claim that arises out of a battery. The court held that because Barber's claim arose out of a battery, it is barred by the exemption in the STCA. View "Barber v. State" on Justia Law

The case involves an appeal against a county court's decision to appoint a permanent guardian for Patrick W., an individual deemed incapacitated due to a stroke. The appellant, Patrick W., argued that the court erred in admitting a neuropsychological report as evidence over his hearsay objection and that without this report, the evidence was insufficient to prove his incapacitation.Previously, Adult Protective Services (APS) had opened an investigation into Patrick's medical needs and financial management. Concerned about Patrick's vulnerability to financial exploitation, self-neglect, and undue influence, APS contacted an attorney to inquire about establishing a guardianship. Becky Stamp was identified as a potential guardian. The county court appointed Stamp as Patrick's temporary guardian, and later, Patrick's cousin, Terry Crandall, was substituted as the temporary guardian. The court also ordered Patrick to undergo a neuropsychological evaluation.At the guardianship hearing, the county court received several exhibits into evidence and heard testimony from six witnesses, including Patrick. The court found clear and convincing evidence that Patrick was incapacitated and appointed Crandall as his permanent guardian.The Nebraska Supreme Court affirmed the county court's decision. It held that the neuropsychological report was admissible in evidence under Nebraska Revised Statute § 30-4204, as it was a medical report obtained by the guardian ad litem regarding the person for whom she was appointed. The court also found sufficient evidence to support the county court's finding that Patrick was incapacitated and that a full guardianship was the least restrictive alternative to provide for his continuing care. View "In re Guardianship of Patrick W." on Justia Law

In April 2020, Christine Thiele, a nurse liaison at Select Specialty Hospital, contracted COVID-19 and developed severe and disabling medical issues as a result. Thiele filed for workers' compensation benefits, arguing that her COVID-19 infection was an occupational disease under the Nebraska Workers' Compensation Act. The Nebraska Workers' Compensation Court granted summary judgment in favor of Select and Liberty Insurance, Inc., dismissing Thiele's petition. Thiele appealed.The Nebraska Supreme Court reversed the lower court's decision and remanded the case for further proceedings. The court found that there was a genuine issue of material fact as to whether Thiele's COVID-19 infection, contracted in April 2020, was a compensable occupational disease or a noncompensable disease of ordinary life. The court reasoned that the issue should be assessed by reference to whether her COVID-19 infection was a disease of ordinary life in April 2020, not at the time of the hearing in November 2022. The court concluded that the lower court's focus on the situation in 2022 was erroneous. View "Thiele v. Select Med. Corp." on Justia Law

The case involves the defendant, Donald Gene Anthony, who was convicted of first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. The charges stemmed from an altercation that resulted in the death of Said Farah. The defendant appealed his convictions based on evidentiary rulings made by the district court during the trial.The trial court heard testimony from several witnesses who were present at the scene of the crime. The defendant's girlfriend, Marissa Stephens, testified that Farah was acting "weird" and "off" on the night of the incident. The court, however, did not allow Stephens to testify about whether she believed Farah was under the influence of drugs at the time of the altercation.The Nebraska Supreme Court affirmed the lower court's decision. The court found that the trial court did not err in excluding Stephens' lay opinion that Farah was under the influence, as it was largely cumulative to other evidence received at trial without objection. The court also found that the trial court did not err in admitting certain statements as nonhearsay, as they were offered for relevant nonhearsay purposes related to their effect on the listener. Lastly, the court found no error in the trial court's exclusion of statements made by law enforcement during the defendant's post-arrest interviews. View "State v. Anthony" on Justia Law

The case involves Eduardo Castillo, the record owner of a property, and Libert Land Holdings 4 LLC (LLH4), which purchased a tax certificate for the property after Castillo failed to pay delinquent taxes. After the tax deed was issued, Castillo attempted to redeem the property, but the county treasurer refunded his payment because the tax deed had already been issued. Castillo then filed a declaratory judgment action, alleging that the tax deed was void due to a failure to comply with statutory notice requirements and sought to quiet title to the property in his name.The District Court for Douglas County found in favor of Castillo, declaring the tax deed void due to LLH4's failure to comply with the notice requirements under section 77-1801 et seq. of the Nebraska Revised Statutes. The court also ordered Castillo to pay taxes on the property and interest.LLH4 appealed the decision to the Nebraska Supreme Court, arguing that it had complied with all statutory requirements for notice and proof of notice required for the issuance of a treasurer’s tax deed. The Supreme Court affirmed the lower court's decision, concluding that LLH4’s application for the tax deed was deficient and that the deficiencies could not be cured by evidence adduced at trial. The court also noted plain error in the lower court's failure to determine the precise payment due from Castillo and remanded the case to the district court with directions to specify the precise amount of taxes and accrued interest to be paid by Castillo. View "Castillo v. Libert Land Holdings 4" on Justia Law

A Delaware corporation, Northern Natural Gas Company, sued another Delaware entity, Centennial Resource Production, LLC, in Nebraska for breach of contract. The dispute arose after Centennial, due to a cold weather event in Texas, was unable to use its reserved pipeline capacity and refused to pay the corresponding invoice. The district court concluded it had personal jurisdiction over Centennial based on Centennial's contractual consent and sufficient minimum contacts with Nebraska during the formation and implementation of their business relationship.Centennial appealed, arguing that the district court lacked personal jurisdiction. The Nebraska Supreme Court affirmed the lower court's decision, holding that Centennial consented to personal jurisdiction in Nebraska by joining Northern's Master Escrow Agreement that contained an express consent to jurisdiction in Nebraska and waived the personal jurisdiction defense. The court found that the Service Agreement, Joinder Agreement, and Master Escrow Agreement became one unitary unseverable agreement through the plain language of the Tariff. The court concluded that the forum selection clause found in the Master Escrow Agreement applied equally to the Service Agreement as one unitary agreement. Thus, due process was satisfied when Centennial consented to personal jurisdiction by entering into a contract that contains a valid forum selection clause, and Nebraska was not a forum non conveniens. View "Northern Nat. Gas Co. v. Centennial Resource Prod." on Justia Law