Items by stan sipple

• Nebraska Supreme Court upholds bench trial conviction ...

  —HuskerBlawgs

  Nebraska Supreme Court upholds bench trial conviction for unintentional manslaughter Neb. Rev. Stat. § 28-305 (Reissue 2008) while also finding the Defendant guilty of intentional use of a weapon to commit a felony (section 28-1205 RRS Neb). State v. Tucker, S-08-623, 278 Neb. 935 . Defendant was charged with [...]
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  Posted: November 22, 2009, 9:52am EST
  by stan_sipple

• Nebraska Supreme Court allows testimony of police ...

  —HuskerBlawgs

  Nebraska Supreme Court allows testimony of police officer who was certified as a "drug recognition expert" (DRE) that defendant was too impaired from marijuana to drive over defendants Daubert objection. State v. Daly, S-08-192, 278 Neb. 903. "Although (research on the validity of DRE evaluations has) not always published in" [...]
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  Posted: November 22, 2009, 9:38am EST
  by stan_sipple

• Order of the Kneepads Update: Nebraska Supreme ...

  —HuskerBlawgs

  Number of comments: 0
  Order of the Kneepads Update: Nebraska Supreme Court suspends for six months attorney who neglected child custody matter, failed to refund unearned fees, had been privately reprimanded in the past for neglecting cases, and failed to timely respond to the Counsel for Discipline inquiries. State ex rel. Counsel for Dis. [...]
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  Posted: November 14, 2009, 10:09am EST
  by stan_sipple

• Nebraska Supreme Court upholds Internet enticement law ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court upholds Internet enticement law and rejects defendant's challenge to Section § 28-320.02 RRS Neb. on equal protection, free speech, over breadth and vagueness grounds. State v. Rung, S-08-878, 278 Neb. 855 "Defendant appeals his conviction for use of a computer to entice a child or'" [...]
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  Posted: November 14, 2009, 9:52am EST
  by stan_sipple

• Case overruled: Nebraska Supreme Court allows Defendant ...

  —HuskerBlawgs

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  Case overruled: Nebraska Supreme Court allows Defendant facing retrial after a trial court ordered a deadlocked jury mistrial to file a plea in bar motion to contest whether double jeopardy would bar the retrial. Although the court should have had counsel and the defendant present while declaring the mistrial, the [...]
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  Posted: November 07, 2009, 10:34am EST
  by stan_sipple

• Used car dealers now must inspect even ...

  —HuskerBlawgs

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  Used car dealers now must inspect even "as-is" cars for sale for "patent" safety defects. Wilke v. Woodhouse Ford, S-08-807, 278 Neb. 800 The Nebraska Supreme Court holds "patent" defects the responsibility of the dealer, such as steering and brakes, but in this case the defect was the loose [...]
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  Posted: November 07, 2009, 10:23am EST
  by stan_sipple

• Laid off Pamida worker drops her

  —HuskerBlawgs

  Number of comments: 0
  Laid off Pamida worker drops her WARN act suit. Journalstar.com A woman who sued an Omaha-based regional retailer arguing she and others weren't properly notified before being laid off has dropped her legal fight. Cynthia Zych sued Pamida Stores Operating Co. in April. Her lawsuit alleged the company violated' [...]
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  Posted: November 01, 2009, 9:25am EST
  by stan_sipple

• Bankruptcy sale of former Husker lineman's trophies ...

  —HuskerBlawgs

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  Bankruptcy sale of former Husker lineman's trophies nets $28,500. Journal star.com. "A court-ordered auction of former Nebraska football player Aaron Taylor's championship hardware has brought in $28,500. It took about 30 minutes to sell Taylor's seven championship rings and his Outland Trophy on Saturday morning in Scottsbluff. Bids were'" [...]
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  Posted: November 01, 2009, 9:21am EST
  by stan_sipple

• Nebraska Supreme Court allows award for loss ...

  —HuskerBlawgs

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  Nebraska Supreme Court allows award for loss of earning power to injured truck driver who had previously received Social Security Disability Income benefits but returned to work under the Social Security Administration "Ticket to Work" program. Manchester v. Drivers Mgmt., S-09-062, 278 Neb. 776 Because Plaintiff had an earning power [...]
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  Posted: November 01, 2009, 9:07am EST
  by stan_sipple

• Nebraska Court of Appeals finding plain error, ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Court of Appeals finding plain error, revises QDRO to require wife to receive half of husband's state patrol retirement plan based either upon his choice of a refund or annuity, the marital share of the patrol retirement fund is that share of the fund that the time of the' [...]
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  Posted: October 27, 2009, 5:39pm EDT
  by stan_sipple

• Nebraska Court of Appeals admonishes trial judges ...

  —HuskerBlawgs

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  Nebraska Court of Appeals admonishes trial judges to better supervise QDRO preparation after they rule in divorce cases. Court of Appeals adds judgment interest of over $27000 to wife's judgment for almost $183000 from husband's 401k plan that was worth over $600000 when the husband took almost two years to [...]
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  Posted: October 27, 2009, 4:27pm EDT
  by stan_sipple

• Order of the Kneepads Update: Nebraska Supreme ...

  —HuskerBlawgs

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  Order of the Kneepads Update: Nebraska Supreme Court reinstates attorney who was addicted to crack and crack hoes. No. S-07-718: State ex rel. Counsel for Dis. v. Hubbard. Respondent reinstated to the practice of law, subject to the conditions of reinstatement set forth in the court’s judgment entered [...]
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  Posted: October 24, 2009, 11:11am EDT
  by stan_sipple

• Nebraska Supreme Court reverses Cass County Court ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court reverses Cass County Court probate order to sell estate property at a public sale; Supreme Court, J Wright, allows private listing with commercial real estate broker first before heirs can ask county court judge to order public auction. In re Estate of Failla, S-09-170, 278 Neb. [...]
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  Posted: October 24, 2009, 10:50am EDT
  by stan_sipple

• Nebraska Supreme Court finds that meatpackers' payments ...

  —HuskerBlawgs

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  Nebraska Supreme Court finds that meatpackers' payments to cleaning companies were subject to sales taxes, reverses Lancaster County District Court that hand found Department of Revenue regulations that required packers to pay the sales taxes went beyond revenue statute § 77-2701.16(4)(a). Swift & Co. v. Nebraska Dept. of Rev., [...]
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  Posted: October 24, 2009, 10:34am EDT
  by stan_sipple

• Nebraska Supreme Court scolds attorney who handled ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court scolds attorney who handled a deceased's revised estate plans on eve of her death for not acting independently from the deceased's son whom the Supreme Court found to have exercised undue influence over her. In re Estate of Hedke, S-08-980, 278 Neb. 727. Supreme Court Justice [...]
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  Posted: October 24, 2009, 10:13am EDT
  by stan_sipple

• Three Hispanic former employees sue Willsie Cap ...

  —HuskerBlawgs

  Number of comments: 0
  Three Hispanic former employees sue Willsie Cap and Gown Company for discriminatory treatment and retaliation. Omaha.com Willsie Cap & Gown routinely offered better hours, more desirable work, more breaks and even better lighting to non-Hispanic employees.

  The lawsuits also say Hispanic employees were prohibited from speaking Spanish in the plant, [...]

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  Posted: October 18, 2009, 11:43pm EDT
  by stan_sipple

• Excavating company's efforts to remove beaver dams ...

  —HuskerBlawgs

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  Excavating company's efforts to remove beaver dams from path of pipeline caused fuel leaks in 2007 and a lawsuit. Omaha.com

  Mid-America Pipeline LLC filed a federal lawsuit against Wilson Excavating this week.

  The lawsuit says Wilson Excavating caused the pipeline leak while trying to remove beaver dams in eastern Nebraska.

  [...]
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  Posted: October 18, 2009, 11:38pm EDT
  by stan_sipple

• Increased bankruptcy filings for 2008 and so ...

  —HuskerBlawgs

  Number of comments: 0
  Increased bankruptcy filings for 2008 and so far this year. Omaha.com Filings are up all over Bankruptcy statistics for Nebraska, Iowa and nationwide for the first eight months of this year and for all of 2008: January-August 2009 Nebraska bankruptcy filings up 13 percent from the same period last year, to [...]
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  Posted: October 18, 2009, 11:31pm EDT
  by stan_sipple

• Nebraska Court of Appeals in an opinion ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Court of Appeals in an opinion not designated for permanent publication reverses Washington County District Court ruling that gave divorced husband credit for income tax he paid on retirement plan benefits he kept because the parties failed to file a qualified domestic relations order, QDRO, for nearly three years [...]
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  Posted: October 18, 2009, 9:07am EDT
  by stan_sipple

• Order of the Kneepads Update: Nebraska Supreme ...

  —HuskerBlawgs

  Number of comments: 0
  Order of the Kneepads Update: Nebraska Supreme Court disbars attorney who practiced law while she was suspended for not paying bar dues, for multiple dui and driving while suspended convictions, and for not responding to complaints. Attorney had a prior private reprimand for practicing law while suspended for non-payment of [...]
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  Posted: October 17, 2009, 6:34pm EDT
  by stan_sipple

• Nebraska Supreme Court reverses summary judgment in ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court reverses summary judgment in nursing home negligence case holding that son did not have apparent authority to agree to binding arbitration for his mother's treatment. Koricic v. Beverly Enters. - Neb., S-08-1167, 278 Neb. 713 "The appellant, Frank Koricic (Frank), lived with his elderly mother, Manda'" [...]
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  Posted: October 17, 2009, 6:26pm EDT
  by stan_sipple

• Nebraska Supreme Court affirms robbery conviction from ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court affirms robbery conviction from Gage County; denies defendant's appeal to allow testimony of other inmates that another suspect committed the robberies; denies appeal on prosecutors closing arguments; denies appeal on other crimes evidence; denies appeal on evidence of prior convictions.State v. Epp, S-08-331, 278 Neb. 683Miller-Lerman-J."William'" [...]
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  Posted: October 17, 2009, 6:21pm EDT
  by stan_sipple

• Nebraska Supreme Court dismisses appeal from plaintiff's ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court dismisses appeal from plaintiff's motion seeking an independent medical examiner to determine whether she required further medical treatment for work injury award from 1995. Judge's denying independent medical examiner was not a final order.Miller v. Regional West Med. Ctr., S-09-100, 278 Neb. 676 "The order of" [...]
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  Posted: October 17, 2009, 5:55pm EDT
  by stan_sipple

• Late history professor from UNL, JM Sosin, ...

  —HuskerBlawgs

  Number of comments: 0
  Late history professor from UNL, JM Sosin, exposed the false history activist judges have used to justify their existence in his book "The Aristocracy of the Long Robe." From the Choice review: “Sosin has written a perplexing book. ..On the basis of a survey of English practice and American [...]
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  Posted: October 03, 2009, 12:03pm EDT
  by stan_sipple

• Nebraska Court of Appeals denies Cass County ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Court of Appeals denies Cass County District Court defendant's plea in bar (§ 29-1817 (Reissue 2008) ) to continued prosecution for Driving Under the Influence, enhanced for refusing to take a chemical test, when the defendant plead guilty to refusing to take a chemical test. State v. Grizzle,' [...]
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  Posted: October 03, 2009, 11:41am EDT
  by stan_sipple

• Nebraska Supreme Court denies relief to defendant ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court denies relief to defendant serving prison term for attempted second degree murder who requested that his guilty plea be set aside because he alleged the sentencing court's warning to him of the possible immigration consequences of his plea was insufficient. State v. Yos-Chiguil, S-08-1329, 278 Neb. [...]
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  Posted: October 03, 2009, 11:28am EDT
  by stan_sipple

• Nebraska Supreme Court allows Lancaster County District ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court allows Lancaster County District Court judge to order a two year license revocation to commence as soon as the state released defendant from prison or put him on parole. State v. Fuller, S-08-1253, 278 Neb. 585 "§ 60-4,108, states a license revocation is to begin on" [...]
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  Posted: October 03, 2009, 11:17am EDT
  by stan_sipple

• E-mail "harassment" case earns further ...

  —HuskerBlawgs

  Number of comments: 0
  E-mail "harassment" case earns further review to the Nebraska Supreme Court: No. S-08-628: State v. Drahota, 17 Neb. App. 678 (2009). Petition of appellant for further review sustained on September 30, 2009. [...]
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  Posted: October 03, 2009, 11:09am EDT
  by stan_sipple

• Nebraska Supreme Court affirms Court of Industrial ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court affirms Court of Industrial Relations decision to award back pay to former Dakota County School District speech teacher whom the District had improperly classified as a long term substitute teacher. South Sioux City Ed. Assn. v. Dakota Cty. Sch. Dist., S-08-1307, 278 Neb. 572. The District [...]
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  Posted: September 28, 2009, 8:35pm EDT
  by stan_sipple

• Ex-trooper with KKK ties may lose Nebraska ...

  —HuskerBlawgs

  Number of comments: 0
  Ex-trooper with KKK ties may lose Nebraska law enforcement certificate. journalstar.com. The Nebraska Police Standards Advisory Council is recommending that law enforcement certification be revoked for Robert Henderson, who was fired by the state patrol for his ties to the Ku Klux Klan. Henderson asked the council on Wednesday [...]
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  Posted: September 19, 2009, 9:37am EDT
  by stan_sipple

• Petition for further review to the Nebraska ...

  —HuskerBlawgs

  Number of comments: 0
  Petition for further review to the Nebraska Supreme Court sustained in No. S-08-959: State v. Simnick, 17 Neb. App. 766 (2009). Petition of appellant for further review sustained on September 16, 2009 {the finding that Defendant committed an aggravated offense for the purpose of lifetime community supervision should have [...]
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  Posted: September 19, 2009, 9:24am EDT
  by stan_sipple

• Nebraska Supreme Court affirms Seward County District ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court affirms Seward County District Court's dismissal of landowner's suit for lacking standing against the Nebraska Game and Parks Commission in which plaintiff tried to force the Game and Parks Commission to halt power line construction over the Twin Lakes Recreation Area. State ex rel. Reed v. State, [...]
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  Posted: September 19, 2009, 9:15am EDT
  by stan_sipple

• Nebraska Supreme Court allows sentencing court to ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court allows sentencing court to correct mistaken calculation of time served after sentencing. State v. Clark, S-08-735, 278 Neb. 557 The Lancaster County District Court judge gave an defendant more credit for time served than he actually served and the court attempted to correct the sentence for Class [...]
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  Posted: September 19, 2009, 8:47am EDT
  by stan_sipple

• Nebraska Supreme Court affirms summary judgment in ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court affirms summary judgment in favor of heating repair business's liability and umbrella insurer against personal representative of decedents who died of carbon monoxide poisoning from allegedly faulty heating repairs. Harleysville Ins. Group v. Omaha Gas Appliance Co., S-07-1235, 278 Neb. 547 . The Douglas County District [...]
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  Posted: September 19, 2009, 8:32am EDT
  by stan_sipple

• Nebraska Supreme Court declines to allow pain ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court declines to allow pain and suffering damages for intentional or negligent misrepresentation. Estate had sued nurses for misrepresenting decedent's suffering while under its hospice care. While the trial court erred when it excluded the plaintiff's expert witness who would testify that improper medications led to the decedent's' [...]
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  Posted: September 11, 2009, 6:29pm EDT
  by stan_sipple

• Senator Nelson must have been ...

  —HuskerBlawgs

  Number of comments: 0
  Senator Nelson must have been thinking about his buddies at the trap shooting range when he voted against scholarly totalitarian Cass Sunstein for his regulatory sinecure at the Office of Management and Budget. Good job Benator. [...]
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  Posted: September 11, 2009, 6:10pm EDT
  by stan_sipple

• Why are the members of the

  —HuskerBlawgs

  Number of comments: 0
  Why are the members of the Nebraska Pardons Board having to take countless pardon applications for minor crimes? Simple, the Nebraska Supreme Court said so. Journalstar.com See also State v. Bainbridge, 249 Neb. 260, 543 N.W.2d 154 (1996). Nebraska Constitution » IV-13 Board of parole; members; [...]
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  Posted: September 11, 2009, 6:06pm EDT
  by stan_sipple

• Nebraskan vacationers went fishing in the Grand ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraskan vacationers went fishing in the Grand Cayman Islands. The defendant's boat had an air cushion hull and when defendant accelerated the steering failed, causing the boat to turn sharply left. Plaintiff flew off the boat and suffered severe head trauma when the boat struck him. Defendant removed case to [...]
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  Posted: September 06, 2009, 9:49am EDT
  by stan_sipple

• Order of the Kneepads Update: Nebraska Supreme ...

  —HuskerBlawgs

  Number of comments: 0
  Order of the Kneepads Update: Nebraska Supreme Court suspends Iowa attorney for filing pleadings while her Nebraska license was inactive, for failing to respond to the disciplinary counsel's grievances, and on reciprocal discipline for 90 days with one year probation. State ex rel. Counsel for Dis. v. Frye, S-09-139, [...]
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  Posted: September 05, 2009, 11:24am EDT
  by stan_sipple

• Neighboring property owners in rural Douglas County ...

  —HuskerBlawgs

  Number of comments: 0
  Neighboring property owners in rural Douglas County win reversal of their injunction action against dog groomers who wanted to open a dog kennel. Conley v. Brazer, S-08-974, 278 Neb. 508 Supreme Court reverses the District Court's summary judgment in favor of the dog kennel owners. "Section 23-168.02(1) states that" [...]
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  Posted: September 05, 2009, 11:14am EDT
  by stan_sipple

• Deceased's nephew loses appeal in Nebraska Supreme ...

  —HuskerBlawgs

  Number of comments: 0
  Deceased's nephew loses appeal in Nebraska Supreme Court of will contract complaint in Madison County District Court. Uncle had turned over his estate to female friend who was a very good financial advisor about two years before his death. Nephew could not prove any will or writing existed in which [...]
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  Posted: September 05, 2009, 11:07am EDT
  by stan_sipple

• Nebraska Supreme Court rules against sign company ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court rules against sign company that challenged city ordinances that prohibited displaying company's signs once its leases terminated with land owners. Larmar Co. v. City of Fremont, S-08-590, 278 Neb. 485. But the sign company beat a claim for frivolous case penalties because its attorneys were well [...]
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  Posted: September 05, 2009, 10:55am EDT
  by stan_sipple

• Defendant convicted of murder in "Boys Don't ...

  —HuskerBlawgs

  Number of comments: 0
  Defendant convicted of murder in "Boys Don't Cry" case loses appeal from post-conviction proceedings in which he requested new trial based on co-defendant's perjury at trial. State v. Lotter, S-08-449 through S-08-451, 278 Neb. 466. Defendant was too late in brining to motion for new trial based on Nissen's [...]
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  Posted: September 05, 2009, 10:49am EDT
  by stan_sipple

• What do the students who do best ...

  —HuskerBlawgs

  Number of comments: 0
  What do the students who do best on the LSAT major in during college? The Volokh Conspiracy cites research that shows Economics and Philosophy do best: "Economics majors still perform at or near the top of all majors taking the test. Economics majors (LSAT score of 157.4) are tied" [...]
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  Posted: September 01, 2009, 4:48pm EDT
  by stan_sipple

• Follow up: Former aide to Senator ...

  —HuskerBlawgs

  Number of comments: 0
  Follow up: Former aide to Senator Exon files qui tam lawsuit in Virginia federal court against Nelnet. "Jon Oberg, a University of Nebraska-Lincoln graduate and former aide to former U.S. Sen. Jim Exon, filed the suit in U.S. District Court for the Eastern District of Virginia. Nelnet is the" [...]
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  Posted: September 01, 2009, 1:13pm EDT
  by stan_sipple

• Eighth Circuit Court of Appeals affirms conviction ...

  —HuskerBlawgs

  Number of comments: 0
  Eighth Circuit Court of Appeals affirms conviction for child pornography; defendant's claim that governments search of his computer that was hooked up peer to peer with other computers through Lime Wire program was not an illegal warrantless search. 083183P.pdf 08/14/2009 United States v. Harold Stults U.S. Court of [...]
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  Posted: August 28, 2009, 7:17pm EDT
  by stan_sipple

• Eighth Circuit Court of Appeals affirms without ...

  —HuskerBlawgs

  Number of comments: 0
  Eighth Circuit Court of Appeals affirms without comment Nebraska convict's civil rights complaint against requiring him to register as a sex offender for pandering a minor. 081629U.pdf 08/21/2009 Richard Hansen v. John Doe U.S. Court of Appeals Case No: 08-1629 District of Nebraska - Lincoln [UNPUBLISHED] [Per Curiam - [...]
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  Posted: August 28, 2009, 7:12pm EDT
  by stan_sipple

• Nebraska Supreme Court affirms summary judgment against ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court affirms summary judgment against Mortgage lender in its declaratory complaint and insurers' cross-complaint denying the mortgage lender a defense in borrower's fraud and slander of title lawsuit against it in Kentucky state court. Mortgage Express v. Tudor Ins. Co., S-08-728, 278 Neb. 449 Mortgage Express, Inc., and' [...]
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  Posted: August 28, 2009, 6:11pm EDT
  by stan_sipple

• Nebraska Supreme Court reverses Court of Appeals ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court reverses Court of Appeals decision that dismissed appeal of landlord's complaint for indemnificaiton against tenant bank arising from a bank customer's personal injury lawsuit. Kuhn v. Wells Fargo Bank of Neb., S-08-141, 278 Neb. 428 The burden of proving mootness is on the party seeking dismissal "Maintenance of" [...]
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  Posted: August 28, 2009, 6:04pm EDT
  by stan_sipple

• Nebraska Supreme Court affirms summary judgment against ...

  —HuskerBlawgs

  Number of comments: 0
  Nebraska Supreme Court affirms summary judgment against tenured Creighton language professor who sued a PHD student for maliciously filing a harassment complaint against her. Recio v. Evers, S-07-1338, 278 Neb. 405 We conclude that a person cannot incur liability for interfering with a business relationship by giving truthful information to [...]
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  Posted: August 28, 2009, 4:58pm EDT
  by stan_sipple