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  • Commentaries
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Nebraska Case Commentaries

Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Slater v. Ichtertz: Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions

Date: Oct 25, 2025
Res Ipsa Loquitur Permitted for Intraoperative Nerve Injury; No “Tensile‑Strength” Prerequisite for Med‑Mal Expert Opinions Case: Slater v. Ichtertz, 320 Neb. 159 (Neb. Oct. 24, 2025) Court: Supreme...
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205

Date: Oct 25, 2025
No Per Se Office Disqualification When Prosecutor’s Relative Is a DHHS Witness: Conflicts Are Personal Under § 23-1205 Introduction In State ex rel. Condon v. Braaten, 320 Neb. 214 (Neb. Oct. 24,...
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs

Date: Oct 25, 2025
No Presumption of Credit for Time Under Temporary Suspension: Nebraska Supreme Court Disbars Elected County Attorney for Misuse of Office and Repeated DUIs Introduction In State ex rel. Counsel for...
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Date: Oct 19, 2025
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests Introduction In In re Estate of Walker, 320 Neb. 139...
Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Date: Oct 19, 2025
Morris v. Dall: Nebraska Supreme Court adopts Restatement (Third) § 49’s four measures of restitution and reaffirms that indefinite oral renovation agreements are unenforceable Introduction In Morris...
Contract Terms Control “Reasonable Expectations” in Nebraska Close Corporations: No‑Cause Termination and Book‑Value Redemption Preclude Oppression and Fiduciary‑Duty Claims — Commentary on Noel v. Pathology Medical Services, P.C., 320 Neb. 92 (2025)

Contract Terms Control “Reasonable Expectations” in Nebraska Close Corporations: No‑Cause Termination and Book‑Value Redemption Preclude Oppression and Fiduciary‑Duty Claims — Commentary on Noel v. Pathology Medical Services, P.C., 320 Neb. 92 (2025)

Date: Oct 13, 2025
Contract Terms Control “Reasonable Expectations” in Nebraska Close Corporations: No‑Cause Termination and Book‑Value Redemption Preclude Oppression and Fiduciary‑Duty Claims Commentary on Noel v....
Forfeiture, Not Waiver: Nebraska Clarifies Preservation of Prosecutorial‑Misconduct Mistrial Claims in State v. Hagens

Forfeiture, Not Waiver: Nebraska Clarifies Preservation of Prosecutorial‑Misconduct Mistrial Claims in State v. Hagens

Date: Oct 13, 2025
Forfeiture, Not Waiver: Nebraska Clarifies Preservation of Prosecutorial‑Misconduct Mistrial Claims in State v. Hagens Introduction In State v. Hagens, 320 Neb. 65 (2025), the Nebraska Supreme Court...
State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences

State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences

Date: Oct 9, 2025
State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences...
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC

Date: Sep 27, 2025
One Note, One Transaction: Nebraska Clarifies Recoupment’s “Same Transaction” Test and Tightens Imputation for the Discovery Rule in Konecne v. Abram, LLC Introduction In Konecne v. Abram, LLC, 319...
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense

Date: Sep 13, 2025
Hunter After Diaz: Nebraska Authorizes Cumulative Punishments in Successive Prosecutions When Later-Occurring Facts Complete the Greater Offense Introduction In State v. Lewis, 319 Neb. 847 (Neb....
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025)

Date: Sep 13, 2025
Extracurricular Expenses Are Incidents of Support Beyond Worksheet 1: Scott v. Scott (Neb. 2025) Introduction Scott v. Scott, 319 Neb. 877 (Sept. 12, 2025), is a comprehensive opinion from the...
No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage

Date: Sep 9, 2025
No Shortcuts to Sovereign Immunity: Nebraska Supreme Court Requires a Developed Record Before Applying PSTCA Due Care or Discretionary Function Immunity at the Pleadings Stage Introduction In Larsen...
Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: Commentary on State v. Parks, 319 Neb. 773 (Neb. 2025)

Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: Commentary on State v. Parks, 319 Neb. 773 (Neb. 2025)

Date: Sep 9, 2025
Permanent Waiver of Statutory Speedy-Trial Rights After an Unsuccessful Discharge Motion and Interlocutory Appeal: State v. Parks (319 Neb. 773) Introduction In State v. Parks, 319 Neb. 773 (Neb....
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive

Date: Sep 2, 2025
Benda v. Sole: Written Certification Under § 42-361.01 Is Not Jurisdictional; Legal Separation Decrees Are Final and Preclusive Introduction In Benda v. Sole, 319 Neb. 745 (Neb. Aug. 29, 2025), the...
Nebraska adopts “credible threat” pre‑enforcement standing; organizations must plead representative authority to sue for members

Nebraska adopts “credible threat” pre‑enforcement standing; organizations must plead representative authority to sue for members

Date: Sep 1, 2025
Nebraska adopts the “credible threat” standard for pre‑enforcement standing; organizations must plead representative authority to sue for members Case: Nebraska Firearms Owners Assn. v. City of...
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
Due-Process Notice to Corporate Landowners and the Finality of Decertified Irrigated Acres: A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025) 1. Introduction The...
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: 
            Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Commentary on D&M Roofing & Siding v. Distribution, Inc., 319 Neb. 707 (2025)

Date: Aug 25, 2025
The Invited-Error Bar to Mid-Litigation Shifts in Contract-Damages Theories: Nebraska Supreme Court Clarifies Party Concessions in D&M Roofing & Siding v. Distribution, Inc. (319 Neb. 707) 1....
Mandamus as the Tool to Correct PILOT Fund Misallocations:  The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04

Date: Aug 25, 2025
Mandamus as the Tool to Correct PILOT Fund Misallocations: The Treasurer’s Ministerial Duty under Article VIII § 11 and Neb. Rev. Stat. § 70-651.04 Introduction In State ex rel. Douglas Cty. Sch....
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) – A Commentary on State ex rel. Seeman v. Lower Republican NRD, 319 Neb. 681 (2025)

Date: Aug 25, 2025
“When the Water Shuts Off”: Due-Process Notice to Corporate Landowners and the Finality of Irrigated-Acre Reductions under Neb. Rev. Stat. §46-746(1) A Comprehensive Commentary on State ex rel....
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025)

Date: Aug 16, 2025
Extending Standing Under the Nebraska Uniform Power of Attorney Act: A Commentary on Kimball v. Rosedale Ranch, 319 Neb. 650 (2025) Introduction The Nebraska Supreme Court’s decision in Kimball v....
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