Justia Contracts Opinion Summaries

The Supreme Court affirmed the judgment of the district court denying West Corporation's motion for judgment notwithstanding the verdict and motion for a new trial after the jury found that West breached contracts with a former employee, Kenneth Marr, holding that there was no reversible error on the part of the district court.A few months after his resignation from West, Marr brought this action alleging that he was contractually entitled to compensation that West had refused to pay. The jury entered a verdict in favor of Marr, finding West liable for damages in the amount of $400,540. The Supreme Court affirmed, holding that there was no prejudicial error in the district court's evidentiary rulings and that the district court did not err in denying West's motions for judgment notwithstanding the verdict and for a new trial. View "Marr v. West Corp." on Justia Law

In this dispute between competitors in the bingo hall gaming industry that sued each other for breach of contract, the Supreme Court affirmed in part and reversed in part the judgment of the trial court, holding that the court should not have awarded postjudgment interest in favor of VKGS, LLC.After a trial on VKGS's claims, the jury found Planet Bingo, LLC and its wholly owned subsidiary, Melange Computer Services, Inc. (together, Planet Bingo), liable for $558,405. After a separate trial on Planet Bingo's claims, the jury found VKGS liable for $2,990,000. The trial court awarded VKGS postjudgment interest from the time of the first verdict and then entered judgment in favor of Planet Bingo, while offsetting VKGS' award. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in bifurcating trial of the parties' claims; (2) did not err in declining to dismiss Planet Bingo's claims, in refusing VKGS' evidence, or in declining to give VKGS' jury instructions; and (3) erred in awarding VKGS postjudgment interest. View "VKGS, LLC v. Planet Bingo, LLC" on Justia Law

The Supreme Court reversed the judgment of the district court finding that Lola Urban had superior title to certain real estate and was entitled to have her son, Richard Urban, ejected from the property, holding that the district court erred.Francis and Lola Urban sold a quarter section of land to Richard by means of an installment land contract. Years later, Lola, as trustee of Francis' testamentary trust and as an individual, filed suit against Richard seeking to compel Richard to specifically perform his obligations under the contract. Lola requested that if Richard failed to pay the balance owed the property be foreclosed. Lola then amended her complaint to assert an alternative claim for ejection of Richard from the property. The district court found that Lola was barred from foreclosing on the property under the applicable statute of limitations but was entitled to have Richard ejected from the property. The Supreme Court reversed, holding that the statute of limitations and the doctrine of adverse possession precluded the use of ejectment. View "Beckner v. Urban" on Justia Law

In this construction defect case brought by homeowners against several contractors, the Supreme Court affirmed the ruling of the district court that the limitations period against each contractor began to run upon the substantial completion of each contractor's project.The district court granted summary judgment in favor of the contractors in this case, generally agreeing that the limitations period for the homeowners' claims against the contractors began to run on the dates that each contractor substantially completed its work. The Supreme Court affirmed, holding that the district court did not err in finding that Homeowners' claims against the contractors were time barred as matter of law under Neb. Rev. Stat. 25-223 and by denying their oral motion seeking leave to amend their complaint to add a new claim. View "McCaulley v. C L Enterprises, Inc." on Justia Law

The Supreme Court reversed the judgment of the trial court dismissing this breach of contract claim filed against Streck, Inc., by one of its former shareholders, Stacy Ryan, holding that, contrary to the conclusion of the trial court, the claim was timely filed.On appeal, Ryan argued that the statute of limitations on her breach of contract claim was tolled either by 28 U.S.C. 1367(d) or by Neb. Rev. Stat. 25-201.01, and therefore, the trial court erred in dismissing the case on statute of limitations grounds. The Supreme Court agreed and reversed the trial court's judgment, holding that, under the facts of this case, Ryan's claim was timely. View "Ryan v. Streck, Inc." on Justia Law

The Supreme Court affirmed the order of the district court affirming the judgment of the Nebraska Department of Health and Human Services (DHHS) concluding that DHHS had overpaid OMNI Behavioral Health (OMNI) under a contract, holding that there was no merit to the errors assigned by OMNI.Under the contract at issue, OMNI agreed to operate a group home and provide services for individuals with developmental disabilities. In 2018, DHHS issued a notice of overpayment to OMNI determining that OMNI was overpaid under the contract by $34,876. After a hearing, hearing officer recommended that DHHS' finding of an overpayment be affirmed. The director of the Division of Developmental Disabilities adopted the hearing officer's order as the final order. The Supreme Court affirmed, holding that there was no merit to the errors assigned by OMNI. View "OMNI Behavioral Health v. State" on Justia Law

The Supreme Court affirmed the decision of the county court declining to approve a nonjudicial settlement agreement, holding that the agreement violated a material purpose of the trust, of which Appellant was a beneficiary.Appellant, a beneficiary of a trust created by his father, now deceased, filed this action in the county court seeking approval of a trust settlement agreement entered into between Appellant, his mother, and his sister. Appellant further sought an order requiring compliance with the terms of the agreement. The trial court issued an order rejecting the agreement and finding that the agreement was nonbinding under Neb. Rev. Stat. 30-3811. The Supreme Court affirmed, holding that the probate court did not err in finding that the agreement altered a material purpose of the trust and in declining to approve the agreement. View "In re Trust Created by McGregor" on Justia Law

The Supreme Court dismissed Tenant's appeal from an order of summary judgment in favor of Landlord on Landlord's claim seeking restitution of the premises pursuant to the forcible entry and detainer (FED) statutes, Neb. Rev. Stat. 25-21,219 through 25-21,235, holding that this Court was without jurisdiction over the appeal.Tenant failed to pay rent and refused to vacate the premises. Landlord subsequently brought this action for restitution pursuant to the FED statutes and also brought claims for breach of the lease agreement and breach of the guaranty agreement. Tenant counterclaimed, asserting several claims. The district court granted summary judgment in favor of Landlord on its FED claim, but the order did not resolve the remaining claims of either party. Tenant appealed but did not seek a Neb. Rev. Stat. 25-1315 certification from the district court. The Supreme Court dismissed the appeal, holding that the order of restitution disposing of the FED action did not satisfy section 25-1315(1), and therefore, this Court was without jurisdiction over Tenant's appeal. View "TDP Phase One, LLC v. Club at the Yard, LLC" on Justia Law

The Supreme Court affirmed the decision of the district court granting judgment in favor of an accountant and his new firm on his claims against his former firm, holding that the judgment was not in error.After Plaintiff left one firm to join another, he sued Defendant, his former firm, with whom he was a shareholder and officer. Plaintiff alleged that Defendant failed to perform a mandatory provision in the shareholder agreement to buy out a departing shareholder's corporate shares at a price that accounted for lost billings by virtue of clients following a departing shareholder. Defendant brought counterclaims for breach of fiduciary duty and misappropriation of confidential information and third-party claims against Plaintiff's new firm, including tortious interference with business expectations. All claims presented to the jury were determined in favor of Plaintiff and his new firm. The Supreme Court affirmed, holding that all claims were correctly decided in favor of Plaintiff and his new firm. View "Dick v. Koski Professional Group, P.C." on Justia Law

The Supreme Court affirmed the judgment of the district court confirming an arbitrator's award, holding that the court properly affirmed the award.Plaintiff brought this action against Defendant seeking rescission of a contract of purchase and sale of dental practice and lease, alleging that fraudulent misrepresentations were made and that he relied upon them to his detriment. Because the contract contained an arbitration provision the district court sustained Defendant's motion to compel arbitration. The arbitrator concluded that Plaintiff ratified the contract through his conduct and waived any cause of action he might have had arising from his purchase of the dental practice. Plaintiff filed an application to vacate the arbitrator's award. The district court denied the motion. Thereafter, Defendant filed a motion to confirm the award, which the district court granted. The Supreme Court affirmed, holding (1) this Court had jurisdiction to consider Plaintiff's challenge to the denial of his application to vacate, but his challenge lacked merit; and (2) the district court did not err in confirming the arbitration award. View "Cinatl v. Prososki" on Justia Law