Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the juvenile court denying the motion to intervene filed by Red Lack Tribe of Chippewa Indians in this termination of parental rights matter, holding that there was no error.After the juvenile court granted the State's motion to adjudicate Children as minors for purposes of Neb. Rev. Stat. 43-247(3)(a) the State sought certification. The Tribe sought intervention, but the State argued against intervention because Children were not Indian children for purposes of ICWA. The juvenile court granted intervention but then vacated its order granting the Tribe's motion to intervene. The Supreme Court affirmed, holding that Children were not currently Indian children for purposes of ICWA, and the juvenile court did not err in denying the Tribe's motion to intervene. View "In re Manuel C." on Justia Law

The Supreme Court affirmed the district court's judgment in favor of Scheels All Sports, Inc. and dismissing Plaintiff's allegations that she tripped and fell due to a dangerous condition on the premises, holding that there was no error.On appeal, Plaintiff argued, among other things, that the district court erred in prematurely shifting the evidentiary burden to her as the nonmoving party to show the existence of a genuine factual dispute when Scheels had not met its prima facie burden as the moving party. Specifically, Plaintiff argued that the only way Scheels could meet its initial burden was to offer evidence affirmatively negating Plaintiff's negligence claim. The Supreme Court affirmed, holding (1) the 2017 amendments to Neb. Rev. Stat. 25-1332(2) expressly allow a moving party to show the absence of a genuine dispute as to any material fact that "an adverse party cannot produce admissible evidence to support the fact; (2) Scheels satisfied its prima facie burden; and (3) Plaintiff did not show a genuine dispute of material fact sufficiency to preclude summary judgment. View "Clark v. Scheels All Sports, Inc." on Justia Law

The Supreme Court affirmed Defendant's conviction and sentence on one count of assault in the second degree and one count of negligent child abuse, holding that Defendant was not entitled to relief on her claims of error.Specifically, the Supreme Court held (1) Defendant's claims of ineffective assistance of counsel were unavailing; (2) Defendant failed to preserve for appellate review his argument that the trial court erred by excepting from its sequestration order an eyewitness to the crimes who was the wife of one victim and mother of the other; (3) the trial court did not err by refusing to give a self-defense instruction; and (4) the trial court did not abuse its discretion in determining that Defendant was not a suitable candidate for probation. View "State v. Johnson" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of the Nebraska Department of Natural Resources and dismissing Plaintiffs' lawsuit alleging negligence and nuisance, holding that immunity in the Safety of Dams and Reservoirs Act, Neb. Rev. Stat. 46-1601 to 46-1670, barred the claims.This lawsuit arose from the 2019 failure of Spencer Dam, leading to the destruction of nearby property and one person's death. Plaintiffs, the property owners and the decedent's surviving spouse, sued the Department alleging that the Department and its predecessor entities caused the Dam's failure and interfered with their use and enjoyment of their property. The court entered summary judgment in favor of the Department, determining that the Department had immunity under the Act. The Supreme Court affirmed, holding that the Act provided the Department with immunity for the claims asserted against it, and therefore, the Department was entitled to judgment as a matter of law. View "Angel v. Neb. Dep't of Natural Resources" on Justia Law

The Supreme Court affirmed the order of the district court affirming the decision of the county court overruling Appellant's motion for absolute discharge pursuant to the speedy trial statutes, holding that there was no error in the proceedings below.In his motion for absolute discharge Appellant argued that the time for trial ran and that the district court erred in concluding that two time periods were excludable under Neb. Rev. Stat. 29-1207(4). The county court overruled the motion. The district court affirmed. The Supreme Court affirmed, holding that the district court did not err in affirming the county court's overruling of Defendant's motion for absolute discharge. View "State v. Williams" on Justia Law

The Supreme Court reversed the judgment of the district court dismissing a petition filed by Stacy Ryan and her children (collectively, Stacy) challenging the validity of a 2015 will and codicil (2015 will) of Dr. Wayne L. Ryan, the late father of Stacy and her sister, Constance Ryan, holding that the district court abused its discretion when it dismissed this matter.Stacy argued that the 2015 will, which was subject to informal probate, was a product of undue influence and was not properly signed. The district court's order of dismissal was predicated on a joint stipulation for dismissal with prejudice, in which the estate and children of Wayne, except Constance, represented that they had resolved claims and defenses in this matter. The Supreme Court reversed, holding that the record did not show that all interested parties were protected in the proceeding, and therefore, the district court abused its discretion in dismissing this matter. View "In re Estate of Ryan" on Justia Law

The Supreme Court affirmed the decision of the district court affirming, with minor modifications, the judgment of the county court finding for Plaintiff on his first cause of action but against him on his second and third causes of action, holding that there was no error.Plaintiff, an attorney, sued his former clients alleging breach of contract per an hourly fee agreement, breach of contract per a contingency fee agreement, and fraudulent misrepresentation. The county court found for Plaintiff on his first cause of action but for Defendants on the remaining causes of action. The district court primarily affirmed. The Supreme Court affirmed, holding that Plaintiff was not entitled to relief on any of his allegations of error. View "Brauer v. Hartmann" on Justia Law

The Supreme Court vacated the order of the district court certifying that a certain prior order was a final judgment as to defendants other than Appellant in this case, holding that the certification was an abuse of discretion.This case arose in the context of estate planning carried out by the parents of five children, including Appellant. On appeal, Appellant argued that the district court erred in certifying a final judgment as to certain defendants under Neb. Rev. Stat. 25-1315 and that the court erred in overruling her motion to review the settlement agreement and instead approving the agreement. The Supreme Court vacated the order certifying a final judgment, holding that there was no final judgment because the district court did not make adequate specific findings to support certification under section 25-1315. View "Ryan v. Ryan" on Justia Law

The Supreme Court affirmed the judgment of the district court determining that social media posts directed toward local public figures from a public account of an officer of a local bank did not constitute misconduct in connection with work disqualifying the employee from unemployment benefits, holding that the district court did not err.The posts at issue were not sent from the employee's work, during work hours, or using the employer's equipment and did not contain information obtained in the capacity as an employee, mention the employee's position at the bank, or refer to coworkers or customers. The Department of Labor determined that the employee was disqualified for benefits for the week in which the discharge occurred plus fourteen weeks because he had been discharged for misconduct. The Appeal Tribunal reversed, holding that the employer's social media policy was insufficient to transform the employee's personal social media postings into misconduct connected with his work. The district court affirmed. The Supreme Court affirmed, holding that Defendant did not commit misconduct connected with his work, and therefore, the district court properly found that he was not disqualified for unemployment benefits. View "Pinnacle Bancorp v. Moritz" on Justia Law

The Supreme Court reversed the decision of the court of appeals affirming Defendant's plea-based convictions, holding that the court of appeals erred in concluding that the record as a whole demonstrated that his pleas were entered voluntarily and intelligently.Defendant was charged with eleven felonies. Pursuant to a plea agreement, Defendant entered a plea of no contest to three charges. Defendant appealed, arguing, among other things, that his no contest pleas were not entered freely, intelligently, voluntarily, understandingly, and knowingly. The court of appeals affirmed. The Supreme Court reversed, holding that the court of appeals erred in finding that Defendant's no contest pleas were voluntarily and intelligently entered because the record did not affirmatively show that Defendant understood his rights or that he expressly waived them. View "State v. Mead" on Justia Law