Latest 4 Cases: George Clift Enterprises, Inc. v. Oshkosh Feedyard Corp. (Business Law), Cain v. Lymber (Government & Administrative Law), ...

#MeToo and What Men and Women Are Willing to Say and Do

SHERRY F. COLB

Cornell Law professor Sherry F. Colb explores why people have such strong feelings about the #MeToo movement (whether they are advocates or opponents) and suggests that both sides rest their positions on contested empirical assumptions about the behavior of men and women. Colb argues that what we believe to be true of men and women generally contributes to our conclusions about the #MeToo movement and our perceptions about how best to handle the accusations of those who come forward.

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George Clift Enterprises, Inc. v. Oshkosh Feedyard Corp.

Citation: 306 Neb. 775

Opinion Date: August 14, 2020

Judge: Freudenberg

Areas of Law: Business Law, Contracts, Personal Injury

The Supreme Court affirmed the order of the district court granting summary judgment against a real estate agency on its complaint against the seller and buyers of certain property for breach of an exclusive listing agreement and tortious interference with a contract, business relationship, or expectation, holding that summary judgment was properly granted. The sale of the property occurred after the listing period and after the protection period of the agreement, and no commission was paid. The negotiations for the sale were conducted directly between the seller and buyers, with the real estate agent's knowledge. The district court granted Defendants' motions for summary judgment. On appeal, the real estate agency argued that summary judgment was inappropriate because the district court held the summary judgment hearing before the real estate company had conducted depositions. The Supreme Court affirmed, holding (1) the district court did not prematurely address Defendants' motions for summary judgment; and (2) the district court erred in awarding attorney fees.

Cain v. Lymber

Citation: 306 Neb. 820

Opinion Date: August 14, 2020

Judge: Papik

Areas of Law: Government & Administrative Law, Tax Law

The Supreme Court affirmed the district court's dismissal of the Tax Equalization and Review Commission (TERC) in this action in which Plaintiff argued that TERC failed to adhere to the Supreme Court's mandate in a prior appeal and that, as a result, the Custer County assessor recorded the taxable value of his property incorrectly, holding that the district court did not err in dismissing the declaratory judgment action. Plaintiff filed a lawsuit against the assessor and the TERC seeking an order declaring the meaning of the Supreme Court's prior opinion and directing the assessor to record the taxable value Plaintiff understood the prior opinion to require. The district court dismissed the TERC as a party and concluded that it did not have authority to enter a declaratory judgment. The Supreme Court affirmed, holding that the district court correctly declined to enter a declaratory judgment because mandamus was a superior remedy to declaratory judgment in this situation.

Diversified Telecom Services v. State

Citation: 306 Neb. 834

Opinion Date: August 14, 2020

Judge: Michael G. Heavican

Areas of Law: Government & Administrative Law, Tax Law

The Supreme Court affirmed the decision of the district court affirming the decision of the Tax Commissioner denying Plaintiff's petition for redetermination of a sales tax deficiency assessment issued to Plaintiff by the Nebraska Department of Revenue, holding that there was no merit to Plaintiff's assignments of error. At issue on appeal was whether the district court erred in upholding the Department's determination that Plaintiff must pay sales or use tax on building materials it purchased and also must remit sales tax when it bills its customers for the same building materials once those materials are annexed to real property in the course of Plaintiff's "furnishing, installing, or connecting" of mobile telecommunications services under Neb. Rev. Stat. 77-2701.16(2)(e), even though Plaintiff used the previously taxed building materials to perform work for its customers. The Supreme Court affirmed, holding that there is no conflict between section 77-2701.16(2), which allowed Plaintiff to pay sales tax as a consumer, and section 77-2701.16(w)(e), which required Plaintiff to pay tax on the gross receipts it earned in the furnishing, installing, or connecting of mobile telecommunications services using those previously taxed goods.

Sundermann v. Hy-Vee, Inc.

Citation: 306 Neb. 749

Opinion Date: August 14, 2020

Judge: Stacy

Areas of Law: Personal Injury

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the district court granting summary judgment in favor of a convenience store in this personal injury action, holding that the convenience store was entitled to summary judgment as a matter of law. This action arose from an accident between a pickup truck and a pedestrian in the parking lot of the convenience store. The pedestrian sued the convenience store alleging that the accident was caused by a dangerous condition on the property. In granting summary judgment for the convenience store, the district court found that the driver's negligence was not reasonably foreseeable. The court of appeals reversed. The Supreme Court reversed, holding (1) the convenience store's liability was governed by premises liability jurisprudence; and (2) the third element of the premises liability test could not be satisfied, and the pedestrian's claim against the convenience store failed as a matter of law.