About Those Protests

JOSEPH MARGULIES

Cornell law professor Joseph Margulies comments on the protests that have erupted over COVID-19 restrictions. Margulies argues that because the state cannot (or will not) live up to its end of the social contract by committing to sustain people’s livelihood for the duration of the restrictions, the protests are morally legitimate.

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Yeransian v. Willkie Farr & Gallagher LLP

Citation: 305 Neb. 693

Opinion Date: May 1, 2020

Judge: Funke

Areas of Law: Business Law, Civil Procedure

The Supreme Court affirmed the order of the district court dismissing Plaintiff's complaint against Defendant, a law firm, holding that the district court correctly determined it lacked jurisdiction over the complaint. Defendant had represented Aspen Holding, Inc. when Aspen merged with and was acquired by Markel Corporation. As a representative of Aspen's former shareholders, Plaintiff brought suit seeking to obtain the Aspen attorney-client filed for the former shareholders' dispute with Markel over payments from the merger. The district court granted Defendant's motion to dismiss, finding (1) Plaintiff failed to allege that Defendant had the requisite minimum contacts with the State, and therefore, the court did not have personal jurisdiction over Defendant; and (2) Plaintiff failed to state a claim upon which relief could be granted. The Supreme Court affirmed, holding (1) the district court did not err in denying Plaintiff's motion regarding jurisdictional discovery; and (2) Plaintiff failed to establish a continuing substantial connection under the operative facts of the litigation to establish that Defendant had sufficient minimum contacts with Nebraska for the exercise of specific personal jurisdiction.

State v. Degarmo

Citation: 305 Neb. 680

Opinion Date: May 1, 2020

Judge: Stacy

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

The Supreme Court affirmed Defendant's conviction of driving under the influence, holding that Defendant consented to a chemical test of his urine and, therefore, the results of the urine test were admissible. A law enforcement officer stopped Defendant for an expired registration. Based on his observations, the officer, a certified drug recognition evaluation expert, administered field sobriety tests. The officer concluded that Defendant was under the influence of marijuana arrested Defendant for driving under the influence and then took him to a detoxification center. Thereafter, a chemical test of Defendant's urine confirmed the presence of marijuana. On appeal, Defendant challenged the admission of the results of the urine test. The Supreme Court affirmed, holding that Defendant voluntarily consented to the warrantless search of his urine, and therefore, the search fell within a recognized exception to the warrant requirement.

FTR Farms, Inc. v. Rist Farm, Inc.

Citation: 305 Neb. 708

Opinion Date: May 1, 2020

Judge: William B. Cassel

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the judgment of the district court in this partition action, holding that partition in kind cannot be decreed using owelty - or a monetary payment to equalize values - without great prejudice to the owners. On appeal, Appellant argued, among other things, that the district court erred in determining that it did not have authority to award owelty to make partition in kind equitable. The Supreme Court affirmed, holding (1) owelty is permitted in partition cases but should be rarely utilized and only when it is equitably necessary; and (2) the district court did not err in rejecting the owelty award and ordering partition by sale because Appellee met its burden to establish that partition in kind could not be had without great prejudice.