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21 Apr 2020, 12:40 pm by Scott Birkey and R. Clark Morrison
Given the scope and significance of this decision, it’s likely the decision will be appealed to the Ninth Circuit Court of Appeals. [read post]
19 Apr 2020, 9:30 pm by Dan Ernst
When the music stopped, all remaining staff commissioners became appellate court justices.Among other things, this article helps with an episode in Roscoe Pound's career that puzzled me, his service as Commissioner of Appeals of the Nebraska Supreme Court from 1901 to 1903. [read post]
26 Mar 2020, 7:46 am by Joy Waltemath
A federal district court in Nebraska abused its discretion in ordering class certification of an ADA action brought by former Union Pacific employees challenging the railroad’s fitness-for-duty (FFD) program as an unlawful pattern or practice of discrimination used to systematically remove individuals with disabilities. [read post]
2 Mar 2020, 1:27 pm by Matthew DeVries
Vogler, 937 N.W.2d 190 (2020), the Supreme Court of Nebraska recently reached the same conclusion when it considered whether a particular contract was a cost-plus contract with a guaranteed maximum price or a lump sum contract. [read post]
27 Feb 2020, 6:06 am by Michelle Buhalo
In its majority opinion, the Iowa Court of Appeals held that "even if the statute had yet to expire, an intervening leap year would not have added a day to the calculation; a year is a year with or without the added day" (Lane v. [read post]
23 Jan 2020, 8:12 am by David Oxenford
February will also bring an FCC decision as to whether or not to appeal to the Supreme Court the Third Circuit’s decision throwing out the FCC’s 2017 changes to the ownership rules, including the abolition of the newspaper/broadcast cross-ownership prohibition and the rule that required that there remain 8 independent TV owners and operators in a market before two TV stations can be commonly owned. [read post]
20 Jan 2020, 8:01 am by David Post
It has some of the flavor of my favorite captions of all, cases (one or two of which the Court usually hears every year) involving competing State boundary claims or water rights or some-such, whose captions always sound like college football or basketball games: Nebraska v. [read post]
6 Jan 2020, 10:41 am by Jessica Lusamba
The post Nebraska Supreme Court rejects death row inmate’s appeal appeared first on JURIST - News - Legal News & Commentary. [read post]
6 Jan 2020, 7:34 am by Jacob Dougherty
” The petitions say, “The court of appeals’ decision warrants immediate review. [read post]
18 Dec 2019, 8:44 am by Amy Howe
Court of Appeals for the 10th Circuit threw out her case. [read post]
15 Dec 2019, 7:39 am
Similarly, the Court found that reinstatement of the employee, a sedan driver for the disabled who had been terminated for reckless driving, was not contrary to public policy.While disagreeing with the award on the merits, the District court in Nebraska confirmed an award of Arbitrator Cary Morgen ordering the reinstatement of an engineer who was alleged to have defecated on a train-car knuckle. [read post]
10 Dec 2019, 6:00 am by Vandenack Weaver LLC
If, after a decision of the TERC, a property owner is still not satisfied with the decision, they may appeal the TERC’s decision to the Nebraska Court of Appeals, subjecting themselves to Nebraska judiciary rules and statutes. [read post]
19 Nov 2019, 9:52 am by Philip R. Stein and Desiree Fernandez
A recent decision by the United States Court of Appeals for the Eighth Circuit offers some vindication for mortgage companies still facing “repurchase” demands made by the banks to which they sold residential mortgages in the years leading up to the financial crisis that began in 2007 and accelerated in 2008. [read post]
15 Nov 2019, 4:04 am by Hon. Richard G. Kopf
In 1997, she transferred to the appellate division where she wrote hundreds of appellate briefs and argued both civil and criminal cases before the Eleventh Circuit Court of Appeals. [read post]