Nebraska Case Commentaries

Cramer v. Union Pacific RR. Co.: FELA Requires Jury-Based Diminution of Damages; § 55 Setoff for Disability Benefits Demands Clear FELA-Indemnity Language and Does Not Reach Non-Periodic FELA Recoveries

Date: Apr 24, 2026

Cramer v. Union Pacific RR. Co.: FELA Requires Jury-Based Diminution of Damages; § 55 Setoff for Disability Benefits Demands Clear FELA-Indemnity Language and Does Not Reach Non-Periodic FELA...

Cyboron v. Merrick County — No Waiver of “Amendment as a Matter of Course” by Moving for Leave; Rule 12(b)(6) Is Not a “Responsive Pleading” Under § 6-1115(a)

Date: Apr 24, 2026

Cyboron v. Merrick County: No Waiver of “Amendment as a Matter of Course” by Moving for Leave; a § 6-1112(b)(6) Motion Is Not a “Responsive Pleading” Under § 6-1115(a) 1. Introduction In Cyboron v....

Contract Coverage Clarified: Worksite-Change Clauses Encompass Remote-Work Bans Without Requiring “Implementation Steps,” and CIR Fee Awards Require Statutory/Rule Authority

Date: Apr 20, 2026

Contract Coverage Clarified: Worksite-Change Clauses Encompass Remote-Work Bans Without Requiring “Implementation Steps,” and CIR Fee Awards Require Statutory/Rule Authority I. Introduction In...

State v. Holland (321 Neb. 194): No Jeopardy Attachment for Charges Dismissed in a Plea Deal Absent Merits Resolution or Risk of Conviction

Date: Apr 16, 2026

No Jeopardy Attachment for Charges Dismissed in a Plea Deal Absent Merits Resolution or Risk of Conviction Case: State v. Holland, 321 Neb. 194 (Neb. Apr. 10, 2026) Court: Supreme Court of Nebraska...

State v. McKinney: Seized-Firearm Transfers Not Automatically Void Under § 29-818; “Derivative Contraband” Includes Weapons/Ammunition “Used” as Defined by § 28-1205(6)(d)

Date: Apr 16, 2026

State v. McKinney: Seized-Firearm Transfers Not Automatically Void Under § 29-818; “Derivative Contraband” Includes Weapons/Ammunition “Used” as Defined by § 28-1205(6)(d) I. Introduction In State v....

In re Estate of Knapp: Missing Cross-Referenced Prenuptial Term Is an Omission (Reformation), Not an Ambiguity; Oral 60/40 “Estate Plan” Unenforceable Without Clear Contract and Solely-Referable Part Performance

Date: Apr 5, 2026

In re Estate of Knapp: Missing Cross-Referenced Prenuptial Term Is an Omission (Reformation), Not an Ambiguity; Oral 60/40 “Estate Plan” Unenforceable Without Clear Contract and Solely-Referable Part...

State v. Lopez (2026): Deadly-Force Self-Defense Instructions Require Evidence of an Imminent Threat Beyond Mere Gun Possession or Suspicion

Date: Apr 5, 2026

State v. Lopez (2026): Deadly-Force Self-Defense Instructions Require Evidence of an Imminent Threat Beyond Mere Gun Possession or Suspicion I. Introduction In State v. Lopez, the Nebraska Supreme...

Goldie v. McNeil & Co. Builders — Commentary

Date: Mar 29, 2026

Visible-Contrast “Notorious” Possession: Nonenclosing Improvements and Maintenance Can Put an Owner on Notice in Nebraska Adverse-Possession Claims I. Introduction Goldie v. McNeil & Co. Builders,...

Unappealed Juvenile Disposition Orders Adopting Case Plans Cannot Be Collaterally Attacked Absent a Jurisdictional Defect

Date: Mar 28, 2026

Unappealed Juvenile Disposition Orders Adopting Case Plans Cannot Be Collaterally Attacked Absent a Jurisdictional Defect 1. Introduction In In re Interest of Joel T. et al., the Nebraska Supreme...

Public Reprimand for Retaliatory Courtroom Delay, Degrading Staff Communications, and Lack of Candor in JQC Investigations

Date: Mar 28, 2026

Public Reprimand for Retaliatory Courtroom Delay, Degrading Staff Communications, and Lack of Candor in JQC Investigations Decision: In the Matter of Candice J. Novak (JQC Public Reprimand)...

Unappealed Juvenile Disposition Case Plans Cannot Be Collaterally Attacked in a Later Termination Appeal

Date: Mar 28, 2026

Unappealed Juvenile Disposition Case Plans Cannot Be Collaterally Attacked in a Later Termination Appeal 1. Introduction In re Interest of Joel T. et al., 321 Neb. 106 (Neb. Mar. 27, 2026),...

Burbank v. Evnen: § 32-624’s 7-Day Objection Deadline Binds All Objectors (Including the Secretary), Creating a Conclusive Presumption of Validity and a Ministerial Certification Duty Enforceable by Mandamus

Date: Mar 26, 2026

§ 32-624’s 7-Day Objection Deadline Binds All Objectors (Including the Secretary), Creating a Conclusive Presumption of Validity and a Ministerial Certification Duty Enforceable by Mandamus...

State v. White (321 Neb. 1): Prospective Waiver Rule Requiring Renewal of Motions to Sever at Close of Evidence

Date: Mar 22, 2026

State v. White (321 Neb. 1): Prospective Waiver Rule Requiring Renewal of Motions to Sever at Close of Evidence I. Introduction In State v. White, the Nebraska Supreme Court affirmed Quan A. White’s...

Prososki v. Regan: Filing Fictitious (Including AI-“Hallucinated”) Authority Warrants Striking the Brief, Dismissing the Appeal, and Disciplinary Referral Under Existing Candor/Competence Rules

Date: Mar 21, 2026

Prososki v. Regan: Filing Fictitious (Including AI-“Hallucinated”) Authority Warrants Striking the Brief, Dismissing the Appeal, and Disciplinary Referral Under Existing Candor/Competence Rules 1....

Inactive Law Enforcement Certification Qualifies a Sheriff Candidate Under § 23-1701.01(1) Absent Statutory Ambiguity

Date: Mar 20, 2026

Inactive Law Enforcement Certification Qualifies a Sheriff Candidate Under § 23-1701.01(1) Absent Statutory Ambiguity Case: Martinez v. Jensen, 320 Neb. 996 (Neb. Mar. 18, 2026) (Cassel, J.)...

Restoration-Cost Damages for Destroyed Trees Are Capped by the Value of the Entire Property—Not Merely the Damaged Portion (Functional Replacement Permitted)

Date: Mar 15, 2026

Restoration-Cost Damages for Destroyed Trees Are Capped by the Value of the Entire Property—Not Merely the Damaged Portion (Functional Replacement Permitted) I. Introduction Helzer Farms, LLC v....

Postdecree Sale of Restricted Stock Units as a Material Change Permitting Child Support Modification; Preclusion Inapplicable Where New Facts Arise

Date: Mar 15, 2026

Postdecree Sale of Restricted Stock Units as a Material Change Permitting Child Support Modification; Preclusion Inapplicable Where New Facts Arise Introduction In Kingston v. Kingston, 320 Neb. 981...

Powers v. Board of Directors of Elmwood Tower (320 Neb. 906): Nonprofit Corporation Is an Indispensable Party in Declaratory Challenges to Board Composition; Board Itself Generally Lacks Capacity to Be Sued

Date: Mar 8, 2026

Nonprofit Corporation Must Be Joined (Not Merely Its Board) in Declaratory Suits Determining the Rightful Directors Case: Powers v. Board of Directors of Elmwood Tower, 320 Neb. 906 (Neb. Mar. 6,...

State v. Damore: “Untenable” as Flexible Shorthand for Abuse-of-Discretion Review in Juvenile-Transfer Appeals

Date: Mar 8, 2026

State v. Damore: “Untenable” as Flexible Shorthand for Abuse-of-Discretion Review in Juvenile-Transfer Appeals I. Introduction In State v. Damore, the Nebraska Supreme Court addressed an increasingly...

State v. Weber: “Refuses to Permit” Under § 60-6,199 Requires Denial of Authorization/Consent—Gratuitous Incorrect Advice Does Not Trigger Suppression

Date: Mar 8, 2026

State v. Weber: “Refuses to Permit” Under § 60-6,199 Requires Denial of Authorization/Consent—Gratuitous Incorrect Advice Does Not Trigger Suppression 1. Introduction In State v. Weber, 320 Neb. 934...