Justia Civil Procedure Opinion Summaries

Healthy Blue, a vendor, submitted a proposal to operate Nebraska’s Medicaid managed care program but was not selected. After its bid protest and request for reconsideration were denied by the Nebraska Department of Health and Human Services (DHHS), Healthy Blue filed a lawsuit in the district court for Lancaster County against state officials and the winning bidders. Healthy Blue sought declaratory and injunctive relief under the Uniform Declaratory Judgments Act (UDJA), claiming DHHS acted unlawfully in awarding the contracts.The district court overruled the state officials' motion to dismiss, which argued that Healthy Blue lacked standing as a taxpayer and that the claim was barred by sovereign immunity. The court found that Healthy Blue adequately pled taxpayer standing and that the claim was not barred by sovereign immunity because it sought relief from an invalid act by public officers. The state officials then moved for summary judgment, reiterating their sovereign immunity argument. The district court denied this motion, maintaining that the claim was an official-capacity suit not barred by sovereign immunity.The Nebraska Supreme Court reviewed the case. The court held that the state officials' motion for summary judgment was not based on the assertion of sovereign immunity, as they did not appeal the district court's ruling that the claim was an official-capacity suit. The court emphasized that standing and sovereign immunity are distinct jurisdictional concepts and that the question of standing can be reviewed on appeal of a final order without being effectively lost. Consequently, the Nebraska Supreme Court dismissed the appeal for lack of jurisdiction. View "Community Care Health Plan of Nebraska, Inc. v. Jackson" on Justia Law

Tegra Corporation, a minority interest holder in Lite-Form Technologies, LLC, filed a derivative action against Patrick Boeshart, the LLC’s manager and president, and Sandra Boeshart, the LLC’s bookkeeper and office manager. Tegra alleged that the Boesharts used their positions to enrich themselves at the expense of the LLC. Specific allegations included engaging the LLC in above-market leases with entities they controlled, paying themselves excessive salaries and bonuses, and mismanaging LLC funds by charging personal expenses to the LLC.The District Court for Dakota County dismissed the derivative claims, concluding that a special litigation committee (SLC) appointed under Neb. Rev. Stat. § 21-168 had conducted its investigation and made its recommendation in good faith, independently, and with reasonable care. The SLC, led by Cody Carse, recommended that the claims be settled through a member meeting rather than litigation. Tegra appealed, arguing that the SLC did not act with reasonable care.The Nebraska Supreme Court reviewed the case de novo and found that the SLC did not exercise reasonable care in its investigation. The court noted that Carse failed to consider the legal elements of Tegra’s claims, did not conduct a cost-benefit analysis, and improperly delegated his duties to the LLC’s members. The court emphasized that Carse’s investigation lacked thoroughness and that he did not adequately assess the potential recovery for the LLC. Consequently, the court reversed the district court’s dismissal of the derivative claims and remanded the case for further proceedings, instructing the district court to dissolve any stay of discovery and allow the action to proceed under Tegra’s direction. The dismissal of Tegra’s individual claims was affirmed. View "Tegra Corp. v. Boeshart" on Justia Law

The case involves a dispute between the City of Hastings and a group of appellants referred to as the "chief petitioners." The chief petitioners submitted a referendum petition to repeal a city council measure approving the demolition of a viaduct. The City of Hastings sought a declaratory judgment to determine whether it was required to hold a special referendum election, given that the viaduct was demolished during the pendency of the action.The District Court for Adams County initially denied the chief petitioners' request for a temporary injunction to prevent the demolition. Subsequently, the viaduct was demolished. The district court then ruled that the case was moot because the viaduct no longer existed, and any referendum would be ineffectual. However, the court also addressed other arguments and ultimately declared that no election or ballot submission should be made.The Nebraska Supreme Court reviewed the case and agreed with the district court's finding that the case was moot. The court noted that the demolition of the viaduct eradicated the parties' legal interests in the dispute, making any referendum on the issue meaningless. The court also considered whether the public interest exception to the mootness doctrine applied but concluded that the specific circumstances of the case did not warrant an authoritative adjudication for future guidance.The Nebraska Supreme Court affirmed the district court's decision in part, reversed it in part, and remanded the case with directions to dismiss the action due to mootness. View "City of Hastings v. Sheets" on Justia Law

The case involves a boundary dispute between two siblings, Susan Dzingle and Thomas Krcilek, over their adjoining tracts of real property in Valley County, Nebraska. Dzingle owns the northwest quarter, and Krcilek owns the northeast quarter of Section 17. The dispute arose when Krcilek discovered a government survey marker indicating that the true boundary line was approximately 20 feet west of an existing fence that had been in place since at least 1946. Dzingle believed the fence was the true boundary and filed a complaint to establish it as such.The district court for Valley County dismissed Dzingle’s claims based on mutual recognition and acquiescence and the common grantor rule, finding that the parties had not owned their properties for the requisite 10-year period and that the common grantor rule did not apply to quarter sections. The court also rejected Dzingle’s request to reform the deeds based on mutual or unilateral mistake, as there was no evidence of inequitable or fraudulent conduct by Krcilek. The court accepted the survey marker as the true boundary and granted Krcilek’s counterclaims to eject Dzingle from his property and order her to construct a new fence along the survey’s boundary line.The Nebraska Supreme Court affirmed the district court’s decision. It held that the common grantor rule applies only to conveyances described by lot numbers, not by quarter sections. The court also agreed that the doctrine of mutual recognition and acquiescence was inapplicable because the parties had not owned their properties for 10 years and their mother, the previous owner, could not have acquiesced to the boundary. The court found no error in the district court’s acceptance of the survey marker as the true boundary and rejected Dzingle’s claim for reformation of the deeds. View "Dzingle v. Krcilek" on Justia Law

The case involves the Perkins County Board of Equalization (the Board) and Mid America Agri Products/Wheatland Industries, LLC (Wheatland). Wheatland owns real property in Perkins County, Nebraska, which includes ethanol production facilities. In 2018, 2019, and 2020, Wheatland protested the valuations set by the Perkins County assessor on this property. The Board denied these protests and affirmed the valuations for all three tax years. Wheatland appealed the Board’s decisions to the Tax Equalization and Review Commission (TERC). TERC reversed the Board’s decisions and adopted lower valuations for each of the three tax years.The Board filed a petition for judicial review in the Nebraska Court of Appeals, alleging it was aggrieved by TERC's final decisions. The Board served summons on Wheatland more than 30 days after filing the petition, which is outside the statutory timeframe. However, before summons was served, the Board emailed a courtesy copy of the summons and petition to Wheatland’s counsel. Wheatland’s counsel then filed an appearance of counsel and a “Response to Petition for Review.”The Nebraska Supreme Court held that a voluntary appearance is not a permissible substitute for strict compliance with the statutory requirement to timely serve summons under § 77-5019(2)(b). The court noted that the Legislature has mandated service of summons as one of the jurisdictional prerequisites for judicial review of administrative decisions. Therefore, the court dismissed the matter for lack of jurisdiction. View "Perkins Cty. Bd. of Equal. v. Mid America Agri Prods." on Justia Law

This case involves a mother, Leah B., who appealed from the order of the county court for Dodge County, Nebraska, sitting as a juvenile court, denying her challenge to the validity of her relinquishment of parental rights to her child, Jordon B. Jordon was removed from Leah's care shortly after his birth in 2020 and placed into the temporary custody of the Nebraska Department of Health and Human Services (DHHS). Leah relinquished her parental rights to Jordon in November 2022. The State then filed a motion to terminate Leah's parental rights based on the relinquishment, which the court granted. Leah subsequently filed a pro se motion to rescind the termination order, alleging that she signed the relinquishment involuntarily and under duress and that she was developmentally disabled and should have been appointed a guardian ad litem.The juvenile court denied Leah's motion, finding that she lacked standing to file her motion because she was no longer a party to the action after she relinquished her parental rights. The court also found that Leah's relinquishment was validly executed and that there was no evidence to demonstrate that Leah was under any duress when she signed the relinquishment.Leah appealed, arguing that the juvenile court erred in determining that she lacked standing to file her motion, in denying her motion on the merits, and in not affording her due process by ruling on the motion without providing her with a reasonable opportunity to be heard and a meaningful evidentiary hearing.The Nebraska Supreme Court reversed the juvenile court's decision, finding that Leah's motion was a substantive challenge to the validity of the relinquishment of her parental rights and not a challenge to the court's order terminating her parental rights. The court held that Leah had standing to file her motion and that the court had jurisdiction to hear the appeal. The court also held that Leah was not provided a meaningful hearing on her motion challenging the validity of the relinquishment of her parental rights, and therefore, her due process rights were violated. The case was remanded for further proceedings. View "In re Interest of Jordon B." on Justia Law

In this case, Asia R. Mann, now known as Asia R. Harrison, and Brian L. Mann were disputing modifications to their stipulated dissolution decree. The main issues in the case revolved around child custody, visitation, child support, and attorney fees.Prior to this case, the couple had been granted joint legal and physical custody of their two children. However, after Brian was convicted of stalking Asia, she sought sole legal and physical custody of the children. She argued that Brian's conviction constituted domestic intimate partner abuse under the Parenting Act, and as such, the court should take specific actions to protect her and the children.The Nebraska Supreme Court found that Brian's conviction for stalking did not constitute domestic intimate partner abuse under the Parenting Act, as the act requires that bodily injury be attempted, caused, or credibly threatened. The court found no evidence of this in Brian's conduct. Therefore, the court affirmed the lower court's decision to deny Asia's request for sole custody of the children.The court also found no error in the lower court's decisions regarding child support, health insurance, and attorney fees. The court affirmed the lower court's decision to allow Brian to choose between two school districts for the children's enrollment.Finally, the court affirmed the lower court's decision to vacate the portion of the dissolution decree that found Brian stood in loco parentis to Asia's child from a previous relationship, Maleah. The court found that the lower court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act to modify the California child custody judgment as to Maleah. View "Mann v. Mann" on Justia Law

The case involves a medical malpractice claim brought by Ivan J. Konsul against Juan Antonio Asensio, M.D. The claim arose from treatment Konsul received after being admitted to Creighton University Medical Center following a motor vehicle accident. Asensio, a trauma surgeon, placed an inferior vena cava filter (IVC filter) in Konsul to prevent migration of deep vein thrombosis. Konsul alleged that Asensio violated applicable standards of care in various respects, including unnecessary placement of the filter, improper location of the filter, and failing to inform Konsul of the long-term risks of the filter remaining in his body. Konsul claimed that due to Asensio's failures, the filter migrated throughout his body and became lodged behind his heart, causing physical pain, mental suffering, and additional health care costs.The case went to a jury trial. Konsul called Dr. David Dreyfuss as an expert witness to provide testimony regarding the standard of care applicable to Asensio. However, the district court ruled that Dreyfuss could not testify regarding the applicable standard of care in Omaha, as he was not familiar with the standard of care in Omaha or a similar community. Without Dreyfuss' testimony, Konsul provided no evidence of the standard of care, and the district court dismissed Konsul's case.Konsul appealed, claiming that the district court erred when it struck Dreyfuss as an expert witness and when it granted Asensio's motion for a directed verdict and dismissed the case. The Nebraska Supreme Court affirmed the district court's decision, concluding that the district court did not err when it struck Dreyfuss as an expert witness and when it granted Asensio's motion for a directed verdict and dismissed Konsul's case. The court also found that any error regarding the deposition issues was harmless considering the proper dismissal of the action based on Konsul's failure to provide evidence of the standard of care. View "Konsul v. Asensio" on Justia Law

The case revolves around an alleged business partnership between Elaine Clemens and the late Arthur Emme. Clemens and Emme were intimate partners who never married. Clemens began working at Emme's business, O'Neill Body and Frame, in 1990. They moved in together in 1992 and worked together on several ventures. After Emme's death in 2017, Clemens filed a lawsuit against Curtis Emme, the personal representative of Arthur Emme's estate, claiming that she and Arthur Emme had created a business partnership in 1992. She sought a declaration that a business partnership existed between her and Arthur Emme, with each owning equal interests in the partnership.The district court for Holt County, Nebraska, rejected Clemens' argument that Curtis Emme was judicially estopped from denying the existence of a business partnership between her and Arthur Emme. The court found that Arthur Emme never unequivocally stated in a prior action that Clemens was his business partner and that the courts in that action did not adopt the position that Clemens and Arthur Emme were business partners.The case then proceeded to a jury trial on the existence of a business partnership. The jury found that Clemens failed to meet her burden of proof establishing that a partnership existed. The district court entered judgment in favor of Curtis Emme and against Clemens. Clemens appealed, but the Nebraska Supreme Court affirmed the district court's judgment, finding no error in its rulings. View "Clemens v. Emme" on Justia Law

The case revolves around a dispute between Dirt Road Development LLC (DRD) and Robert and Kathryn Hirschman over the construction and operation of a new feedlot in Howard County, Nebraska. The Hirschmans own several properties in the county where they operate feedlot facilities. They planned to construct and operate a new feedlot on a property that is separated from their existing feedlots by a quarter section of land owned by a third party. DRD, which owns a property near the proposed new feedlot, filed a lawsuit seeking to prevent the Hirschmans from constructing and operating the new feedlot without obtaining a conditional use permit from the Howard County Board of Commissioners.The District Court for Howard County heard the case initially. The court had to determine whether, under Howard County’s zoning regulations, the Hirschmans' new feedlot was “adjacent” to their existing livestock operations. If so, the regulations required the Hirschmans to obtain a conditional use permit before constructing and operating the new feedlot. The district court concluded that the new feedlot was adjacent to the Hirschmans’ other feedlots and that therefore, the Hirschmans were required to obtain a conditional use permit to build and operate the new feedlot. The court granted DRD’s motion for summary judgment and denied the Hirschmans’ motion.The Hirschmans appealed the decision to the Nebraska Supreme Court. They argued that the district court erred in holding that under the Howard County zoning regulations, their new feedlot was adjacent to their other feedlots and constituted a single commercial livestock operation rather than a separate feedlot. The Nebraska Supreme Court affirmed the district court's decision, agreeing that the term "adjacent" as used within the zoning regulations is unambiguous and that the Hirschmans were required to obtain a conditional use permit for their new feedlot. View "Dirt Road Development v. Hirschman" on Justia Law