Justia Nebraska Supreme Court Opinion SummariesArticles Posted in Civil Litigation
RFD-TV v. WildOpenFence Fin.
RFD-TV, LLC, a television programming service, executed an affiliation agreement with Sunflower Broadband Corporation that granted Sunflower a nonexclusive right to distribute RFD programming to Sunflower’s subscribers in Kansas in exchange for a fee. Knology, Inc., subsequently purchased Sunflower’s assets. Prior to this purchase Knology was providing cable service to subscribers in South Dakota. Knology later became a wholly owned subsidiary of WOW! Cable. Two years later, Knology and WOW ceased distribution of RFD programming and did not pay fees. RFD sued Knology and WOW (collectively, Appellees) for breach of contract. Appellees filed a motion to dismiss, alleging that the district court did not have personal jurisdiction over them. The district court dismissed the complaint with prejudice, finding that the minimum contacts requirement between Appellees, as nonresident defendants, and the State had not been met. The Supreme Court affirmed as modified, holding that the district court (1) did not err in dismissing the complaint for lack of personal jurisdiction; and (2) erred in dismissing the case with prejudice. View "RFD-TV v. WildOpenFence Fin." on Justia Law
Nichols v. Nichols
In 2009, Bonnie Nichols and Margie Nichols were married in Iowa. In 2012, Bonnie filed a complaint in a Nebraska court to dissolve the union. Margie filed a motion to dismiss, asserting that a Nebraska court lacked jurisdiction to dissolve a same-sex marriage. The district court granted Margie’s motion to dismiss for subject matter jurisdiction. The district court’s order purported to dismiss Bonnie’s complaint if Bonnie failed to amend it within fifteen days. Bonnie did not file an amended complaint, and the district court did not enter a judgment dismissing the action. Bonnie appealed. The Supreme Court dismissed the appeal, holding that Bonnie appealed from a conditional order and not a final judgment, and therefore, the Court lacked jurisdiction over the appeal.View "Nichols v. Nichols" on Justia Law