Nebraska Case Commentaries

Nebraska Rejects Restatement (Second) of Torts § 766A: No Independent Claim for Making Contract Performance More Burdensome

Date: Feb 28, 2026

Nebraska Rejects Restatement (Second) of Torts § 766A: No Independent Claim for Making Contract Performance More Burdensome I. Introduction Green Plains Trade Group LLC et al. v. Archer Daniels...

In re Estate of Meyers: Appellate Courts May Not Sua Sponte Invalidate Fee Agreements Absent Plain Error; Unassigned Issues Are Forfeited

Date: Feb 28, 2026

In re Estate of Meyers: Appellate Courts May Not Sua Sponte Invalidate Fee Agreements Absent Plain Error; Unassigned Issues Are Forfeited Court: Supreme Court of Nebraska Citation: 320 Neb. 871...

Probationary Reimbursement for Animal-Care Expenses Need Not Be Disclosed at Plea, and Unobjected Sentencing-Condition Errors Are Forfeited

Date: Feb 23, 2026

Probationary Reimbursement for Animal-Care Expenses Need Not Be Disclosed at Plea, and Unobjected Sentencing-Condition Errors Are Forfeited Case: State v. Dale, 320 Neb. 861 (Neb. Feb. 20, 2026)...

Self-Defense Instruction Bar When an Inmate Unjustifiably Places Himself in Harm’s Way by Defying Lawful Orders

Date: Feb 22, 2026

Self-Defense Instruction Bar When an Inmate Unjustifiably Places Himself in Harm’s Way by Defying Lawful Orders I. Introduction In State v. Liech, 320 Neb. 843 (2026), the Nebraska Supreme Court...

WRK v. Wiegert: No Appellate Jurisdiction Manufactured by Dismissal Without Prejudice—Even If Limitations Likely Bars Refiling

Date: Feb 16, 2026

WRK v. Wiegert: No Appellate Jurisdiction Manufactured by Dismissal Without Prejudice—Even If Limitations Likely Bars Refiling 1. Introduction In WRK, L.L.C. v. Zach Wiegert, the Nebraska Supreme...

Executed Writ of Restitution Moots URLTA Eviction Appeals Absent a Live Possession Remedy; Public-Interest Exception Narrowly Applied

Date: Feb 15, 2026

Executed Writ of Restitution Moots URLTA Eviction Appeals Absent a Live Possession Remedy; Public-Interest Exception Narrowly Applied Introduction Saint Joseph Tower Assisted Living v. Royce (320...

Flinn v. Strode: A Two-Part Test for “Serves No Legitimate Purpose” Under Nebraska’s Harassment Statute

Date: Feb 8, 2026

Flinn v. Strode: A Two-Part Test for “Serves No Legitimate Purpose” Under Nebraska’s Harassment Statute Citation: 320 Neb. 813 (Feb. 6, 2026) Court: Supreme Court of Nebraska 1. Introduction In Flinn...

Due Process at Nebraska Juvenile Transfer Hearings: Unsworn Exhibits May Suffice When Reliability Is Shown Through Corroborating Characteristics

Date: Feb 8, 2026

Due Process at Nebraska Juvenile Transfer Hearings: Unsworn Exhibits May Suffice When Reliability Is Shown Through Corroborating Characteristics 1. Introduction In re Interest of Aaden S., 320 Neb....

Simultaneously Filed Separate Verification Satisfies § 29-3001(1) for Nebraska Postconviction Motions (State v. Anthony)

Date: Feb 1, 2026

Simultaneously Filed Separate Verification Satisfies § 29-3001(1) for Nebraska Postconviction Motions Case: State v. Anthony, 320 Neb. 757 (Neb. Jan. 30, 2026) Court: Supreme Court of Nebraska 1....

State v. Jones: The State Must Use § 29-2315.01 Exception Proceedings (Not a Direct Appeal) to Seek Review of Absolute Discharge Orders in Criminal Cases

Date: Feb 1, 2026

State v. Jones: The State Must Use § 29-2315.01 Exception Proceedings (Not a Direct Appeal) to Seek Review of Absolute Discharge Orders in Criminal Cases I. Introduction Case: State v. Jones, 320...

State v. Wilson: Motive/Intent Statements Are Not “Character Evidence,” and Direct-Appeal Ineffective-Assistance Review Turns on a Record-Conclusive Deficiency/Prejudice Showing

Date: Jan 27, 2026

State v. Wilson: Motive/Intent Statements Are Not “Character Evidence,” and Direct-Apeal Ineffective-Assistance Review Turns on a Record-Conclusive Deficiency/Prejudice Showing I. Introduction In...

Perkins v. RMR Building Group: Insolvency and “Cost-Plus” Misuse Alone Do Not Justify Piercing an LLC Veil Absent Proof of Fraud-Indicative Diversion, Facade, or Formation Undercapitalization

Date: Jan 27, 2026

Perkins v. RMR Building Group: Insolvency and “Cost-Plus” Misuse Alone Do Not Justify Piercing an LLC Veil Absent Proof of Fraud-Indicative Diversion, Facade, or Formation Undercapitalization I....

§ 43-2,106.03 Nonamenability Orders: Preponderance Standard, Predictive Purpose, and No Dispositional Modification Authority

Date: Jan 18, 2026

§ 43-2,106.03 Nonamenability Orders: Preponderance Standard, Predictive Purpose, and No Dispositional Modification Authority Case: In re Interest of Johnny H., 320 Neb. 675 (Neb. Jan. 16, 2026) |...

§ 43-2,106.03 “Nonamenability” Defined; State’s Burden by Preponderance; No Disposition Change Without Statutory Modification Procedures

Date: Jan 18, 2026

§ 43-2,106.03 “Nonamenability” Defined; State’s Burden by Preponderance; No Disposition Change Without Statutory Modification Procedures Case: In re Interest of Johnny H., 320 Neb. 675 (Neb. Jan. 16,...

Nonvoting Shareholders Lack Appraisal Rights in Asset Dispositions Absent an Express Charter Grant

Date: Jan 10, 2026

Nonvoting Shareholders Lack Appraisal Rights in Asset Dispositions Absent an Express Charter Grant Case: Streck, Inc. v. Ryan, 320 Neb. 638 (Neb. Jan. 9, 2026) Court: Supreme Court of Nebraska New...

State v. Cartwright—Commentary

Date: Jan 10, 2026

Invited-Omission Rule for § 27-403: A Defendant Who Secures Exclusion of Context Cannot Later Claim the Remaining “Consciousness of Guilt” Threat Evidence Misleads the Jury 1. Introduction State v....

State v. Rejai: Disapproval of Comparative-Sentencing Rhetoric in Iromuanya and Reaffirmation of Morton’s No-Comparison Rule

Date: Jan 6, 2026

State v. Rejai: Disapproval of Comparative-Sentencing Rhetoric in Iromuanya and Reaffirmation of Morton’s No-Comparison Rule Introduction In State v. Rejai, 320 Neb. 599 (Jan. 2, 2026), the Nebraska...

State v. Jackson: Denial of Termination of Post-Release Supervision Is a Final Order; Post-Release Supervision Begins Only After All Consecutive Determinate Sentences End

Date: Jan 5, 2026

State v. Jackson: Denial of Termination of Post-Release Supervision Is a Final Order; Post-Release Supervision Begins Only After All Consecutive Determinate Sentences End Introduction In State v....

Self-Admitted Error Is Not Enough: Strategic Trial Decisions and Ineffective Assistance After State v. Keadle

Date: Dec 22, 2025

Self-Admitted Error Is Not Enough: Strategic Trial Decisions and Ineffective Assistance After State v. Keadle I. Introduction The Nebraska Supreme Court’s decision in State v. Keadle, 320 Neb. 583...

No Appellate Jurisdiction Without a Single Written Judgment Covering All Parties: Commentary on Continental Indemnity Co. v. Starr Indemnity & Liability Co.

Date: Dec 21, 2025

No Appellate Jurisdiction Without a Single Written Judgment Covering All Parties: A Commentary on Continental Indemnity Co. v. Starr Indemnity & Liability Co., 320 Neb. 574 (2025) I. Introduction The...

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