Welcome to your daily briefing on legal developments in Nebraska. Today we're covering 9 key stories including updates on nebraska legal headlines, nebraska legal updates, background & context. Let's dive in.
5 stories
A new online resource allows users to run background checks using Nebraska court records.
NE legal professionals can streamline due diligence and client vetting with digital access to state court records.
The Nebraska State Bar is a professional association of lawyers and judges dedicated to improving the administration of justice.
Legal professionals in NE can engage with a major statewide organization that shapes justice policy and practice.
The Nebraska State Bar Association helps attorneys achieve high standards of competence, ethics, and professionalism while protecting and promoting access to justice.
Nebraska legal professionals can rely on the NSBA as a resource for maintaining professional standards and advancing justice in their practice.
The Nebraska Judicial Branch has published instructions and forms to help people better understand legal processes and court procedures.
Legal professionals in NE may see more informed pro se litigants using these resources, streamlining case preparation and court interactions.
Case information from Nebraska's statewide trial case management system (JUSTICE) and appellate system (SCCALES) is available for free at courthouse kiosks and participating law libraries, including the Nebraska State Library, UNL's Schmid Law Library, and Creighton's.
Legal professionals across Nebraska can conduct case research without subscription fees, streamlining client work and reducing research costs.
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1 story
The Nebraska Resource and Referral System is a statewide, user-friendly internet database developed with input from Nebraska families and service providers to help individuals locate needed services across the state.
Legal professionals in NE can leverage the NRRS to quickly identify and connect clients with appropriate community resources, strengthening holistic representation and client outcomes.
3 stories
Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.
A void arbitration clause means the dispute lands in court, often with discovery and jury exposure that the clause was meant to prevent. Drafting discipline at contract formation is cheap; defending the clause years later is not.
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.
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