Articles Posted in Nebraska Supreme Court

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The Supreme Court affirmed in part the district court's denial of Defendants’ request for attorney fees and dismissed in part Defendants’ appeal from orders vacating summary judgment in favor of Defendants and overruling Defendants’ subsequent motion for summary judgment, holding that Defendants did not qualify as prevailing parties and that this Court lacked jurisdiction to review the summary judgment orders. The State brought claims against Defendants under Nebraska’s Consumer Protection Act, Neb. Rev. Sat. 59-1601 et seq., and the Uniform Deceptive Trade Practices Act, Neb. Rev. Stat. 87-301 et seq. The district court entered summary judgment in favor of Defendants and then later vacated its order of summary judgment. Defendants moved again for summary judgment, which the district court denied. After years of litigation, the State voluntarily dismissed the claims. The district court denied Defendants’ request for attorney fees, finding that the State’s voluntary dismissal did not make Defendants prevailing parties or purposes of section 59-1608(1). The Supreme Court affirmed in part and dismissed in part, holding that this Court lacked jurisdiction to review Defendants’ claim that the district court’s summary judgment orders were erroneous and that the district court did not err in denying Defendants’ motion for attorney fees. View "State ex rel. Peterson v. Creative Community Promotions, LLC" on Justia Law

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The Supreme Court affirmed as modified the district court’s order dismissing with prejudice Plaintiff’s complaint for lack of personal jurisdiction. Plaintiff, an attorney, filed a complaint for breach of contract against Defendant. The trial court dismissed the complaint with leave to amend. Plaintiff then filed an amended complaint including claims for tortious conversion and a violation of Nebraska’s Uniform Deceptive Trade Practices Act. The Supreme Court affirmed the dismissal of the complaint, holding (1) neither general nor specific personal jurisdiction over Defendant existed; but (2) the district court erred in dismissing the complaint with prejudice. The court modified the district court’s order to a dismissal without prejudice. View "Nimmer v. Giga Entertainment Media, Inc." on Justia Law

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ACI Worldwide Corp. sued Baldwin Hackett & Meeks, Inc., its cofounders, and other company principals (collectively, BHMI), alleging that BHMI misappropriated its trade secrets. BHMI counterclaimed, alleging that ACI tortiously interfered with a business relationship and violated provisions of Nbraska’s unlawful restraint of trade statutes. In 2014, a jury found against ACI on its misappropriation claim. In 2015, a jury found in favor of BHMI on all of its counterclaims. ACI then filed posttrial motions to vacate the jury’s judgments, reopen the evidence, and grant a new trial on the basis that ACI had discovered new evidence. The district court overruled ACI’s posttrial motions. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion in overruling ACI’s motion to vacate the 2014 and 2015 judgments; and (2) did not abuse its discretion in awarding BHMI $2,732,962.50 in attorney fees. View "ACI Worldwide Corp. v. Baldwin Hackett & Meeks, Inc." on Justia Law