Justia Nebraska Supreme Court Opinion Summaries

A woman brought her nearly two-year-old son to a hospital in Lincoln, Nebraska, where he was found with multiple injuries, including bruises, swelling, and a fractured leg. Subsequent medical examinations revealed further injuries, such as broken ribs, a lung contusion, brain swelling, and ultimately, the child died from his injuries. The mother, who had left the child in the care of her boyfriend and others, admitted to noticing symptoms and injuries over a period of weeks but did not seek medical care, citing reasons such as believing the injury was minor and fear of involvement with Child Protective Services. Evidence at trial included interviews, witness testimony, text messages, and internet searches indicating the mother was aware of the child’s worsening condition.The District Court for Lancaster County reviewed the case and presided over a jury trial. The jury found the mother guilty of intentional child abuse resulting in death, intentional child abuse resulting in serious bodily injury, and possession with intent to deliver or delivery of a controlled substance near a school. The court denied pretrial motions to exclude certain photographic evidence and sentenced her to consecutive prison terms totaling 70 years to life for the most serious charges, and additional years for the drug offense.The Nebraska Supreme Court examined claims of insufficient evidence, improper admission of photographs, ineffective assistance of counsel, and excessive sentencing. Applying the appropriate standards of review, the court held that there was sufficient evidence for the convictions, the photographs were relevant and not unduly prejudicial, and the sentences were within statutory limits and not an abuse of discretion. Claims of ineffective assistance were rejected as either unsupported or not prejudicial. The court affirmed the judgment of the district court. View "State v. Cook" on Justia Law

In this product liability action, the district court did not abuse its discretion in excluding the claimant’s expert’s testimony regarding causation.Plaintiff brought this product liability action against Hoffman-La Roche, Inc. and Roche Laboratories, Inc. (collectively, Roche) alleging that she developed health issues as a result of ingesting Accutane, a pharmaceutical drug manufactured and distributed by Roche. After conducting a Daubert/Schafersman hearing, the district court entered an order precluding Plaintiff’s expert witness from rendering opinions on the general and specific causation of Plaintiff’s Crohn’s disease. Thereafter, the Court entered summary judgment in favor of Roche. The Supreme Court affirmed, holding that the district court did not abuse its discretion in excluding the expert testimony after finding that the expert’s methodology was unreliable and conclusion-driven; and (2) with the exclusion of this testimony, there remained no issue of material fact, and therefore, summary judgment was properly granted in favor of Roche. View "Freeman v. Hoffman-La Roche, Inc." on Justia Law

In this product liability action, the district court did not abuse its discretion in excluding the claimant’s expert’s testimony regarding causation.Plaintiff brought this product liability action against Hoffman-La Roche, Inc. and Roche Laboratories, Inc. (collectively, Roche) alleging that she developed health issues as a result of ingesting Accutane, a pharmaceutical drug manufactured and distributed by Roche. After conducting a Daubert/Schafersman hearing, the district court entered an order precluding Plaintiff’s expert witness from rendering opinions on the general and specific causation of Plaintiff’s Crohn’s disease. Thereafter, the Court entered summary judgment in favor of Roche. The Supreme Court affirmed, holding that the district court did not abuse its discretion in excluding the expert testimony after finding that the expert’s methodology was unreliable and conclusion-driven; and (2) with the exclusion of this testimony, there remained no issue of material fact, and therefore, summary judgment was properly granted in favor of Roche. View "Freeman v. Hoffman-La Roche, Inc." on Justia Law