Friday, January 05, 2007

Nebraska Supreme court decisions Friday Jan 5, 2007: Statute of Limitations, Indian child adoptions, worker compensation waiting time penalties City of Lincoln v. Hershberger, S-05-1066, 272 Neb. 839 On remand from the Nebraska Supreme Court two years ago, City of Lincoln v. PMI Franchising, 267 Neb. 562, 675 N.W.2d 660 (2004), the District Court again ruled the City of Lincoln failed to timely sue the guarantors for their defaulted business loan with the City. This time the Supreme Court rules that the statute of limitation s for a guaranty action commences when the creditor accelerates the debt, holding the guarantors personally liable at that time. The fiver year limitation period Section 25-205 applied and the action was timely. In re Adoption of Kenten H., S-06-204, 272 Neb. 846 Natural mother of adopted child could raise after adoption proceedings finished that child was an Indian child and thus subject to post judgment vacation of the adoption in accordance with the federal and Nebraska Indian Child Welfare laws§ 43-1506(4), Juvenile Court's 12b6 dismissal was improper. D'Quaix v. Chadron State College, S-06-548, 272 Neb. 859 Worker Compensation court judge overlooked giving employer the State of Nebraska credit for voluntary worker compensation benefits it paid to the plaintiff before the trial judge awarded. Supreme Courtpermitss employer the State to offer evidence of its payments and to seek credit forthoses payments against the award in Plaintiff's motion for waiting time penalties and attorney fees(48-125,), finding these proceedings were not a collateral challenge to the trial judge's award.

No comments: