Nebraska Supreme Court Decisions

The Nebraska Supreme Court oversees the practice of law throughout the state, and it supervises matters related to the admission and discipline of attorneys. It holds mandatory jurisdiction over cases that involve death sentences, sentences of life imprisonment, or challenges to the validity of state laws. More broadly, the Court holds discretionary jurisdiction over appeals from the Nebraska Court of Appeals. This means that it can choose whether to hear any given appeal.

Seven justices serve on the Nebraska Supreme Court. Nebraska is divided into six judicial districts, and each of the Associate Justices represents a judicial district. When a vacancy arises, a judicial nominating commission will interview candidates for the position. The Nebraska State Bar Association chooses the eight members of the commission, of whom four members are lawyers. To serve on the Nebraska Supreme Court, a candidate must be a U.S. citizen who is at least 30 years old. They also must have practiced law in Nebraska for at least five years and must be licensed to practice before the Supreme Court. The Governor of Nebraska will choose the new justice from a list of at least two candidates. If the Governor does not choose the new justice within 60 days, the Chief Justice will choose a candidate from the list.

Once they have been appointed, a justice will need to go through a retention election to stay on the Court. The retention election will occur in the first general election that is held more than three years after their appointment. If a justice is retained, they will serve a six-year term before facing another retention election. To win a retention election, they must receive at least 50 percent of the votes. While a justice may retire when they reach the age of 65, or if they develop a disability, there is no age at which they are required to retire.

Browse Opinions From the Nebraska Supreme Court

Recent Decisions From the Nebraska Supreme Court
Heist v. Neb. Dep't of Corrections  
Date: September 23, 2022
Citation: 312 Neb. 480
Docket Number: S-20-813

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Petitioner's petition for declaratory judgment under the Administrative Procedure Act and Nebraska's Uniform Declaratory Judgments Act, holding…

Kingery Construction Co. v. 6135 O Street Car Wash, LLC  
Date: September 23, 2022
Citation: 312 Neb. 502
Docket Number: S-21-797

Justia Opinion Summary: The Supreme Court reversed the decision of the district court finding that Plaintiff did not waive its right to arbitration by its litigation-related conduct, holding that reversal was required in light of Morgan v.…

Dietzel Enterprises, Inc. v. J. A. Wever Construction, LLC  
Date: September 16, 2022
Citation: 312 Neb. 426
Docket Number: S-21-106

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court finding that Dietzel Enterprises, Inc. (Dietzel) was the first party to materially breach a contract between Dietzel and J.A.…

State v. Space  
Date: September 16, 2022
Citation: 312 Neb. 456
Docket Number: S-21-837

Justia Opinion Summary: The Supreme Court overruled the exception filed by the State in this exception proceeding after the district court granted Defendant's motion for absolute discharge, holding that there was no merit to the State's…

In re Margaret L. Matthews Revocable Trust  
Date: September 9, 2022
Citation: 312 Neb. 381
Docket Number: S-21-507

Justia Opinion Summary: The Supreme Court affirmed the judgment of the county court denying Nebraska Synod (Synod) of the Evangelical Lutheran Church in America's complaint in intervention after a county court determined that the Synod was not…

Dutcher v. Nebraska Dep't of Correctional Services  
Date: September 9, 2022
Citation: 312 Neb. 405
Docket Number: S-21-740

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that the exclusivity provisions of the Nebraska Workers' Compensation Act (the Act), Neb. Rev. Stat. 48-101 to 48-1,117 barred the claim of an…

State v. Greer  
Date: September 2, 2022
Citation: 312 Neb. 351
Docket Number: S-21-601

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions relating to allegations of sexual assault of a child, holding that Defendant was not entitled to relief on her assignments of error. After a jury trial, Defendant was…

Great Plains Livestock Consulting, Inc. v. Midwest Insurance Exchange, Inc.  
Date: September 2, 2022
Citation: 312 Neb. 367
Docket Number: S-21-722

Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing the complaint brought by Great Plains Livestock Consulting, Inc. and its president (collectively, Great Plains) against Midwest Insurance Exchange,…

Mann v. Mann  
Date: August 26, 2022
Citation: 312 Neb. 275
Docket Number: S-19-1194

Justia Opinion Summary: The Supreme Court vacated the decision of the court of appeals concluding that an order of partial summary judgment entered in the underlying proceeding to modify custody and child support was immediately appealable as a…

Carrizales v. Creighton St. Joseph  
Date: August 26, 2022
Citation: 312 Neb. 296
Docket Number: S-21-150

Justia Opinion Summary: In this medical malpractice action, the Supreme Court affirmed the decision of the district court granting summary judgment in favor of defendant-doctors after granting a motion to strike Plaintiff's expert witness,…

State v. Lessley  
Date: August 26, 2022
Citation: 312 Neb. 316
Docket Number: S-21-768

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion for postconviction relief without an evidentiary hearing, holding that the district court properly found that Defendant's claims…

Mid America Agri Products v. Perkins County Bd. of Equalization  
Date: August 26, 2022
Citation: 312 Neb. 341
Docket Number: S-21-944

Justia Opinion Summary: The Supreme Court affirmed the order of the Tax Equalization and Review Commission (TERC) affirming the judgment of the Perkins County Board of Equalization dismissing a 2021 property valuation protest brought by Mid…

State v. Moore  
Date: August 19, 2022
Citation: 312 Neb. 263
Docket Number: S-21-755

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court overruling Appellant's motion for discharge for an alleged violation of Nebraska's speedy trial statutes, holding that there was no error in the overruling of…

Florence Lake Investments v. Berg  
Date: August 12, 2022
Citation: 312 Neb. 183
Docket Number: S-21-350

Justia Opinion Summary: The Supreme Court held that the Employee Retirement Income Security Act of 1974 (ERISA), 19 U.S.C. 1001 et seq., and in particular, ERISA's anti-alienation statute, shields a 401K plan administrator from state…

Kozal v. Snyder  
Date: August 12, 2022
Citation: 312 Neb. 208
Docket Number: S-21-377

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment in favor of in favor of Defendants and dismissing Plaintiffs' legal malpractice action on the grounds that Defendants did not breach…

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.