Welcome to your daily briefing on legal developments in Nebraska. Today we're covering 8 key stories including updates on nebraska legal headlines, background & context. Let's dive in.
5 stories
The Nebraska State Bar Association works for Nebraska attorneys to help them both achieve the highest standards of competence, ethics, and professionalism, and to protect and promote the administration of, and access to justice. Toll Free….
Relevant to legal professionals operating in NE.
The NRRS is a statewide database created with input from Nebraska families, service providers and organizations. The database was designed as a comprehensive internet resource that would be user friendly and easily accessible to….
Relevant to legal professionals operating in NE.
The source directs users to an online portal for running background checks using Nebraska Court Records.
This resource offers a direct channel for Nebraska legal professionals to access court record-based background checks.
The Nebraska Judicial Branch has developed instructions and forms to help individuals understand legal processes and navigate court records.
Legal professionals in NE can direct clients to these official resources while advising them to consult with a lawyer for case-specific guidance.
Attorneys and legal staff in Nebraska can access case information from the statewide JUSTICE and SCCALES systems for free at courthouse kiosks, law libraries, and online.
This free access streamlines due diligence and case preparation for legal professionals in Nebraska by providing immediate entry to trial and appellate records.
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3 stories
Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.
An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.
The clock can pause for: (1) the defendant being out of state in some jurisdictions, (2) the plaintiff being a minor or under disability, (3) the defendant fraudulently concealing the cause of action. The clock does NOT pause for: settlement negotiations, insurance correspondence, or the plaintiff being unaware of the legal theory.
Misreading tolling is the most common malpractice claim against general civil litigators. The defenses are routinely lost on motion to dismiss before discovery even opens.
Most non-compliance findings stem from three avoidable mistakes: claiming credit for the wrong reporting period, missing the ethics-credit minimum, and failing to retain proof of attendance for the audit lookback window (typically 5 years). State bar audits are random but increasing in frequency.
A CLE non-compliance finding is a public record in many states and triggers an administrative suspension that requires reinstatement application. Reinstatement is slower than initial admission in some jurisdictions.
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