Case Results
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Abbott v. Brennemann
Estates Wills & Trusts
288 Neb 389 (2014)
In this case, the Nebraska Supreme Court ruled that if a trustee does not perform their duty and a lawsuit is necessary in order to establish a breach of duty but the beneficiary is unable to prove damages, the beneficiary is still entitled to file a claim and recover attorney fees.
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Acme v. Southwest Tracor
Commercial Litigation
911 F. Supp. 1261 (D. Neb. 1995), aff’d 105 F.3d 412 (8th Cir. 1997)
(declaring invalid real estate attempt to repurchase without ability to pay) -
Babel v. Schmidt
Changing the Law
17 Neb. App 400, 765 N.W.2d 227 (2009)
(extending riparian property rights to owners of islands) -
Bauermeister v. Waste Management of Nebraska
Changing the Law View Case Details
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Becker v. USA
Commercial Litigation
968 F.2d 691 (8th Cir. 1992)
(affirming $1.3 million jury verdict in complex gift tax case) - Behrens v. Blunk
- Bellino v. McGrath North
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Bellino v. McGrath North
Legal Malpractice
274 Neb. 130, 738 N.W.2d 434 (2007)
The Bellino decision firmly established the elements of proof, and the standard of care applicable to law firms providing advice in business litigation settings, and involving separations between owners of closely held ventures. -
Bolan v. Boyle
Class Action
218 Neb. 85, 352 N.W.2d 586 (Neb. 1984)
(affirming class action award for overtime pay) -
Carpenter v. Cullan
Legal Malpractice
254 Neb. 925, 581 N.W.2d 72 (1998)
Carpenter established the application of the elements of proof to the duty to investigate, and the role of causation in tort litigation handled, or mishandled, by a lawyer. -
Condon v. A.H. Robbins Co., Inc.
Commercial Litigation
217 Neb. 60, 349 N.W.2d (1984)
(first impression holding statute of limitations runs from discovery of injury) -
Crowley v. McCoy
Agriculture Law Cases
234 Neb. 88, 449 N.W.2d 221 (1989)
(first impression holding revalidity of non-recourse real estate sales contracts) -
Crowley v. McCoy
Changing the Law
234 Neb. 88, 449 N.W.2d 221(1989)
(declaring non-recourse real estate sales contracts enforceable) - DMK Biodiesel LLC v. McCoy
- DMK Biodiesel v. McCoy
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Frank v. Lockwood
Accounting Malpractice
275 Neb. 735
Defendant Lockwood, a CPA in Scott's Bluff, Nebraska, prepared Plaintiff Frank's taxes. Plaintiff claimed he was given bad advice by Defendant resulting in interest, which could have been avoided.
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Frank v. Lockwood
Changing the Law
275 Neb. 735, 749 N.W.2d 443 (2008)
(measure of damages for accountant malpractice arising from income tax return preparation) - Gary's Implement Inc. v. Bridgeport Tractor Parts, Inc.
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Gilbert M. and Martha H. Hitchcock Foundation v. Kountze
Changing the Law
272 Neb. 251, 720 N.W.2d 31 (2006)
(jurisdiction in cases involving charitable foundation) - Hengstler v. Battle Creek State Bank
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In re Margaret Mastny Revocable Trust
Estates Wills & Trusts
281 Neb 188 (2011)
The Court concluded that an "issue-specific approach is preferable and more consistent with our standard for appellate review under the Nebraska Probate Code than simply labeling all trust administration cases as equitable in nature and subject to a de novo on-the-record standard of review."
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Jackson v. Bd. of Equalization
Commercial Litigation
10 Neb. App. 330 (2001)
(declaring appropriate procedure for metropolitan cities to perfect appeals from special assessments) -
Jaksha v. State
Commercial Litigation
241 Neb. 106 (1992)
(declaring NE property tax law unconstitutional) - Jaksha v. State
- Kraft v. St. John Lutheran Church of Seward
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Kramer v. Logan City School District No. R-1
Commercial Litigation
157 F.3d 620 (8th Cir. 1998)
(significant opinion concerning employment discrimination; front-pay issues) - McGuire v. United States
- National American Ins. Co. v. CenTra, Inc.
- Nebraska Legislature ex rel State v. Hergert
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Neiman v. Tri-R Angus Ranch
Changing the Law
274 Neb. 252, 739 N.W.2d 182 (2007)
(standard of proof for involuntary removal of corporate direction) -
Nixon v. Harkins
Agriculture Law Cases
220 Neb. 286, 369 N.W.2d 625 (1985)
(defining pretrial procedure rules) -
Nixon v. Madison County Ag Society
Agriculture Law Cases
217 Neb. 37, 348 N.W.2d 119 (1984)
(declaring bid letting void for completed public improvements due to public meetings law violations) - Pennfield Oil Co. v. Winstrom
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Peterson v. North Am Plant Breeders
Agriculture Law Cases
218 Neb. 258, 354 N.W.2d 625 (1983)
(first impression holding that privity is not required in implied warranty cases) -
Peterson v. North American Plant Breeders
Changing the Law
218 Neb. 258, 354 N.W.2d 625 (1984)
(holding privity of contract is not required for implied warranties of merchantability to be enforceable) - Pickett v. Iowa Beef Processors
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Pickett v. Tyson Fresh Meats
Agriculture Law Cases
(Class action for national class of live cattle sellers alleging improper purchase practices by nation's largest meat company. Result: $1.26 Billion jury verdict after nearly 6 years of pretrial effort. Vacated and class denied relief on appeal)
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Pickett v. Tyson Fresh Meats
Class Action
420 F3d 1272 (2005)
(Class action for national class of live cattle sellers alleging improper purchase practices by nation's largest meat company. Result: $1.26 Billion jury verdict after nearly 6 years of pretrial effort. Vacated and class denied relief on appeal) - Pickett v. Tyson Fresh Meats, Inc.
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PWA Farms v. North Platte State Bank
Commercial Litigation
220 Neb. 516, 371 N.W.2d 102 (1985)
(first impression holding concerning right to proceeds of adversely claimed negotiable paper) -
Racicky v. Farmland Industries
Changing the Law
328 F.3d 389, 33 Envtl. L. Rep. 20,190, 61 Fed. R. Evid. Serv. 318 (2003)
(measure of damages in dairy loss cases) -
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture
Agriculture Law Cases
415 F.3d 1078, 27 ITRD 1570, 35 Envtl. L. Rep. 20,152 (9th Cir. 2005)
(safety of beef and dreaded “Mad Cow’s Disease”) -
Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture
Food Safety - Amicus Curiae
415 F.3d 1078 (9th Cir 2005). The case involved the safety of beef and dreaded “Mad Cow’s Disease.”
- Rice v. USA
- Robertson v. Jacobs Cattle Company
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Roth v. Wiese
Changing the Law
271 Neb. 750, 716 N.W.2d 419 (2006)
(defining tort of outrage’s elements) -
Schafersman v. Agland Coop
Changing the Law
262 Neb. 215, 631 N.W.2d 862 (2001)
(adopting new standards for expert testimony) -
Scott v. Khan
Medical Malpractice
18 Neb App 600, 790 NW2d 9 (2010)
Winning its second appeal en route to trial of a malpractice case against a psychiatrist, Domina Law Group pc llo’s work established carefully articulated causation rules connecting psychiatric malpractice with patient deterioration, and mental illness. The firm’s client, a controlled mental health patient, went out of control and suffered dramatic hallucinations and regression, loss of her employment, inability to cope, and morbid fear. The appellate court held that the causation evidence adduced is sufficient to require trial. - State v. Douglas
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State v. Douglas
Legal Malpractice
217 Neb. 199, 349 N.W.2d 870 (1984)
By a 4-3 vote, with 5 required to convict, the Supreme Court acquitted the Nebraska Attorney General on articles of impeachment as a result of an investigation conducted by Mr. Domina. Widespread dissatisfaction with the outcome led to Constitutional amendments in Nebraska. Domina’s role as chief investigator, and a major witness in the case provided precedent in the previously unconsidered area of the role of the Rules of Professional Conduct in connection with the impeachment of state Constitutional legal officers. -
The Debilitating Effects of Concentration on Markets Affecting Agricultural Products , (2009)
Antitrust View Details
- US v. Kalymon
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Vandewerf v. Kirwan
Agriculture Law Cases
S.D. 119, 586 N.W.2d 858 (1998)
(bona fide purchasers and impact of deed) -
Yoder v. Cotton
Medical Malpractice
276 Neb 954, 758 NW2d 630 (2008)
Domina Law Group pc llo’s efforts on behalf of a workers’ compensation employee required to undergo an independent medical evaluation led to a decision that medical malpractice standards generally applicable within the physician patient area of practice do apply to IMEs by physicians.