Latest 3 Cases: In re Interest of Vladimir G. (Civil Rights), Acklie v. Greater Omaha Packing Co., Inc. (Contracts), State v. Vann (Criminal Law)

How the EEOC’s Maintenance of an “Alleged Offenders” Log Can Help Prevent the Next Harvey Weinstein

SAMUEL ESTREICHER, JOSEPH SCOPELITIS

NYU law professor Samuel Estreicher and recent graduate Joseph A. Scopelitis argue that the EEOC should maintain a log of “alleged offenders” to help prevent the next Harvey Weinstein. Estreicher and Scopelitis explain why such a log would effectively balance the interests of the alleged offender and victim, the employer, and the public.

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In re Interest of Vladimir G.

Citation: 306 Neb. 127

Opinion Date: June 12, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the order of the juvenile court adjudicating Abigail G.'s son, Vladimir G., to be a child within the meaning of Neb. Rev. Stat. 43-247(3)(a), holding that although Abigail could invoke her Fifth Amendment right not to testify in this adjudication, any error on the part of the juvenile court in requiring her testimony was not reversible. During the adjudication hearing, Abigail objected to testifying based on Fifth Amendment grounds. The court overruled Abigail's objection. After the hearing, the county court filed an order finding Vladimir to be a child within the meaning of section 43-247(3)(a). The Supreme Court affirmed, holding (1) even if the court erred in failing to determine that at least part of Abigail's testimony was incriminating and therefore protected by Abigail's invocation of her Fifth Amendment privilege, such error was not reversible because there was sufficient evidence to support the adjudication without such testimony and because Abigail's Fifth Amendment rights were not violated; and (2) there was sufficient evidence to support the adjudication that Vladimir was a child within the meaning of section 43-247(3)(a).

Acklie v. Greater Omaha Packing Co., Inc.

Citation: 306 Neb. 108

Opinion Date: June 12, 2020

Judge: Funke

Areas of Law: Contracts

In this breach of contract action, the Supreme Court affirmed the judgment of the district court in favor of Greater Omaha Packing Co., Inc., holding that Allen Acklie's action was based on an unenforceable contract. In 1994, Greater Omaha terminated Acklie's employment. In 2016, Acklie turned sixty years old and demanded payment under the terms of a deferred compensation agreement entered into by the parties in 1989. Acklie argued that his right to deferred compensation vested upon his attaining the age of sixty and that payment became due on the first day of the first month following his attaining the age of sixty-one. After Greater Omaha refused payment, Acklie filed this action. The jury returned a verdict in favor of Greater Omaha. The Supreme Court affirmed, holding that the agreement lacked mutuality of obligation and therefore was unenforceable.

State v. Vann

Citation: 306 Neb. 91

Opinion Date: June 12, 2020

Judge: Papik

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction for possession of a deadly weapon by a prohibited person, holding that there was no error in the proceedings below. On appeal, Defendant challenged the State's use of exhibit 7 to prove that Defendant had a prior felony conviction. Specifically, Defendant argued that because exhibit 7 did not affirmatively show that he had or waived counsel at the time of his guilty plea in the prior case, exhibit 7 should not have been admitted into evidence. The Supreme Court affirmed, holding (1) there was sufficient evidence to support Defendant's conviction; and (2) the district court did not err in admitting into evidence certified court records showing that Defendant had counsel at the time he was sentenced for his prior conviction but was silent as to whether he had counsel at the time he entered his plea.