Justia Nebraska Supreme Court Opinion Summaries

Joseph (Joe) Mandolfo sued his brother Mario and American National Bank (ANB). At one time, Joe owned several businesses, some of which had accounts with ANB. After his brother Mario lost his job as a teacher, Joe hired Mario to work for him. Joe alleged that Mario had, with the help of ANB, wrongfully deposited checks intended for Joeâs business, into his own account. From 1995 until 2000, Joe contended that Mario embezzled about $1.2 million. The district court granted summary judgment to Joe against Mario. The court however, also granted summary judgment to ANB, concluding that a statute of limitations barred Joeâs claims against the bank. Joe appealed the grant of summary judgment to the bank. The Supreme Court concluded that Joeâs claims were governed by the Uniform Commercial Code, and as a result, were subject to a three-year statute of limitations. Joe did not discover Marioâs misappropriations until 2003. Accordingly, the Court affirmed the lower courtâs decision to dismiss Joeâs claims against the bank as untimely.