Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court reversed the holding of the Court of Appeals reversing the decision of the Nebraska Workers’ Compensation Court finding that Employee’s work-related injury was fully resolved within three days of the work accident and that Employee’s need for additional medical treatment was the result of a non-work-related injury. The Supreme Court held (1) there was sufficient competent evidence to support the Workers’ Compensation Court’s determination that Employee’s work-related injury was fully resolved prior to his subsequent fall; and (2) the Workers’ Compensation Court was not clearly wrong in finding that Employee did not meet his burden of proving that his subsequent injury was the result of his workplace accident. View "Hintz v. Farmers Cooperative Ass’n" on Justia Law

The Supreme Court reversed the district court’s grant of summary judgment for Plaintiff inmates and grant of injunctive relief enjoining state officials and their agents from denying the inmates a marriage ceremony via videoconference or enforcing the Department of Correctional Services’ policy that interfered with Plaintiffs’ ability to marry. The Department denied Plaintiffs’ request to marry under an internal policy that it does not transport an inmate to another facility for a marriage ceremony. The inmates were also denied a marriage ceremony via videoconferencing because the Department interpreted Neb. Rev. Stat. 42-109 to require Plaintiffs to both appear physically before an officiant. Plaintiffs sued Defendants - state officials - in their individual capacities for interfering with the inmates’ request to marry. The district court concluded that the Department’s policy impermissibly burdened the inmates’ right to marry and that its interpretation of section 42-109 was constitutionally flawed and granted an injunction. The Supreme Court reversed, holding that the district court erred in granting the inmates juncture relief because Defendants could only be sued for injunctive relief in their official capacities. View "Gillpatrick v. Sabatka-Rine" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the district court’s exclusion of untimely disclosed expert opinions regarding medical bills in order to enforce progression orders in an automobile negligence case. The court of appeals reversed the judgment in favor of Defendants, concluding that the district court abused its discretion in excluding, as a discovery sanction, nearly all of Plaintiff’s medical bills, as well as testimony from Plaintiff’s expert witness that the bills were reasonable and necessary. The Supreme Court reversed, holding (1) the district court did not need to apply the factors set forth in Norway v. Union Pacific Railroad, 407 N.W.2d 146 (Neb. 1987) to enforce its progression order; and (2) it was not an abuse of discretion to exclude evidence disclosed more than one year after the discovery deadline imposed by the court’s progression order. View "Putnam v. Scherbring" on Justia Law

The Supreme Court affirmed the order of the trial court denying Defendant’s motion for absolute discharge, holding (1) the district court did not err in denying Defendant’s motion for discharge based on Defendant’s statutory right to a speedy trial under Neb. Rev. Stat. 29-1207(4)(b) because Defendant had permanently waived his statutory right to a speedy trial by asking for a continuance that resulted in extending the trial date beyond the statutory six-month period; and (2) there was no merit to Defendant’s constitutional speedy trial claim. View "State v. Gill" on Justia Law

The Supreme Court affirmed the district court’s denial of Defendant’s motion for a new trial, holding that the good faith exception to the exclusionary rule applied in this case.Defendant was convicted of driving under the influence (DUI). The following day, the United States Supreme Court held in Birchfield v. North Dakota, __ U.S. ___ (2016), that a blood test may not be administered without a warrant as a search incident to an arrest for DUI. Defendant timely moved for a new trial, arguing that, in light of the new rule of constitutional law announced in Birchfield, it was error to admit the result of a warrantless test of his blood. The district court overruled the motion. The Supreme Court affirmed, holding that the good faith exception applies to warrantless blood draws connected prior to the United States Supreme Court’s decision in Birchfield. View "State v. Hoerle" on Justia Law

The Supreme Court affirmed an order of the district court denying Defendant’s motion to suppress the results of a chemical breath test. The court thus affirmed Defendant’s conviction and sentence for aggravating driving under the influence, holding that the district court did not err in finding that law enforcement (1) had reasonable suspicion to initiate a traffic stop; (2) properly executed a fifteen-minute observation period prior to the chemical breath test in accordance with title 177 of the Nebraska Administrative Code; and (3) complied with Neb. Rev. Stat. 60-6,199 by allowing access to a telephone to arrange independent testing. View "State v. Jasa" on Justia Law

The district court lacked jurisdiction to vacate an arbitration award under the Federal Arbitration Act (FAA).Matt Karo and Michael Karo obtained federally reinsured crop insurance policies serviced by NAU Country Insurance Company (NAU). The Karos submitted “prevented planting” claims under their crop insurance policies alleging that they were unable to plant corn on certain acres due to wet conditions. NAU denied the Karos’ prevented planting claims. The parties then submitted their disputes to binding arbitration pursuant to a mandatory arbitration clause in the crop insurance policies. The arbitrator denied coverage. The Karos then sought to vacate the arbitration award under section ten of the FAA. The district court vacated the arbitration award, finding that the arbitrator exceeded his powers and manifestly disregarded the law. The Supreme court vacated the district court’s judgment and dismissed this appeal for lack of jurisdiction, holding that the district court lacked jurisdiction to enter a judgment vacating the arbitration award under the FAA because the Karos failed to comply with the three-month notice requirement of section twelve of the FAA. View "Karo v. NAU Country Insurance Co." on Justia Law

The Supreme Court reversed the district court’s dismissal of this appeal, applied the savings clause of Neb. Rev. Stat. 25-1144.01, and reinstated the appeal, holding that, contrary to the conclusion of the district court, the notice of appeal was timely filed.Plaintiff sued Defendants to collect amounts due on a guaranty. The jury returned a verdict in favor of Plaintiff. One day after judgment on the verdict was entered, Plaintiff filed a motion for costs and Defendants filed a motion for new trial. The court granted the motion for costs and overruled the motion for new trial. Defendants then filed a notice of appeal. The court of appeals dismissed the appeal as untimely. The Supreme Court reversed and reinstated the appeal, holding that the appeal time did not start to run until the motion for new trial was ruled upon, and because Defendants filed their notice of appeal within thirty days of that date, their appeal should not have been dismissed as untimely. View "Lindsay International Sales & Service v. Wegener" on Justia Law

The Supreme Court affirmed the district court’s order denying an intervener’s motion to intervene in her own behalf in this complaint alleging breach of a lease. Streck, Inc. filed a complaint against the Ryan Family, LLC alleging that the LLC breached a lease agreement containing an option to purchase real property and seeking specific performance. After the LLC responded, a member of the LLC moved to intervene in her own behalf and on behalf of the LLC. The district court denied the motion. The Supreme Court affirmed, holding that the intervenor failed to allege a direct and legal interest sufficient to support intervention in the litigation between the LLC and Streck. View "Streck, Inc. v. Ryan Family, LLC" on Justia Law

In this appeal from an order denying intervention in a corporation dissolution, the Supreme Court affirmed, holding that the intervenors were seeking only to relitigate matters already decided by the court. Specifically, the court held (1) because the intervenors were seeking to use intervention as a vehicle for relitigating issues previously determined by the court, the complaint in intervention was properly stricken; and (2) the intervenors’ argument that even if their interests did not support statutory intervention the district court should have permitted them to intervene as a matter of equity was not appropriate for consideration on appeal. View "Wayne L. Ryan Revocable Trust v. Ryan" on Justia Law