Tort Reform
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If you have a motorcycle or are interested in buying a motorcycle, you should look at the Nebraska Department of Motor Vehicles Highway Safety Division website on motorcycles. The site covers the Nebraska Law on motorcycle licensing, safety programs and accident statistics. Good information and good reasons to always wear a helmet when riding a motorcycle.
IF You are Bitten or Attacked by a Dog, You have Legal Rights!
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The Iowa dog bite/attack statute imposes liability upon dog owners for damage or injury caused by their dogs, whether by biting, attack or other means, to both people and other domesticated animals.
The Iowa law has two unique features. First, it applies when "the dog is attacking or attempting to bite a person," meaning that a person or child who is chased into the street by a dog, and is hit or run over by a car, is entitled to make a claim under Iowa law. Second, the statute provides an exception for any dogs that are "affected with rabies" if the owner had no way to learn of the illness and could not have prevented the injury. The complete statue is listed below.
IOWA STATUTE Section 351.28 Liability for damages.
The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.
TIPS on Preventing Dog Bites:
Teach children basic safety around dogs and review regularly:
1. Do not approach an unfamiliar dog.
2. Do not run from a dog and scream.
3. Remain motionless (e.g., "be still like a tree") when approached by an unfamiliar dog.
4. If knocked over by a dog, roll into a ball and lie still (e.g., "be still like a log").
5. Do not play with a dog unless supervised by an adult.
6. Immediately report stray dogs or dogs displaying unusual behavior to an adult.
7. Avoid direct eye contact with a dog.
8. Do not disturb a dog who is sleeping, eating, or caring for puppies.
9. Do not pet a dog without allowing it to see and sniff you first.
10. If bitten, immediately report the bite to an adult.
Omaha Metro Area Ranks as One of the Top Ten Dangerous Drunk-Driving Cities
The Iowa law has two unique features. First, it applies when "the dog is attacking or attempting to bite a person," meaning that a person or child who is chased into the street by a dog, and is hit or run over by a car, is entitled to make a claim under Iowa law. Second, the statute provides an exception for any dogs that are "affected with rabies" if the owner had no way to learn of the illness and could not have prevented the injury. The complete statue is listed below.
IOWA STATUTE Section 351.28 Liability for damages.
The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.
TIPS on Preventing Dog Bites:
Teach children basic safety around dogs and review regularly:
1. Do not approach an unfamiliar dog.
2. Do not run from a dog and scream.
3. Remain motionless (e.g., "be still like a tree") when approached by an unfamiliar dog.
4. If knocked over by a dog, roll into a ball and lie still (e.g., "be still like a log").
5. Do not play with a dog unless supervised by an adult.
6. Immediately report stray dogs or dogs displaying unusual behavior to an adult.
7. Avoid direct eye contact with a dog.
8. Do not disturb a dog who is sleeping, eating, or caring for puppies.
9. Do not pet a dog without allowing it to see and sniff you first.
10. If bitten, immediately report the bite to an adult.
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I am very sad to report:
1. In 2006, an estimated 17,602 people died in alcohol-related traffic crashes—an average of one every 30 minutes.
2. These deaths constitute 41 percent of the 42,642 total traffic fatalities during that year.
3. Roughly one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders.
These statistics are from the Mothers Against Drunk Driving (MADD) website:
I am also sad to report that that the Omaha/Council Bluffs metropolitan area is ranked #4 in "10 most dangerously drunk cities", joining Denver, Anchorage, Colorado Springs, Fargo, San Antonio, Austin, Fresno, Lubbock and Milwaukee, according to Men's Health Magazine. Other statistics of interest include:
1. About three in every ten Americans will be involved in an alcohol-related crash with a drunk driver at some time in their lives.
2. The rate of alcohol impairment among drivers involved in fatal crashes is four times higher at night than during the day (36% versus 9%), so beware and watch for drunk drivers after dark!
3. Alcohol-related crashes in the United States cost us, the public, an estimated $114.3 billion in 2000. People other than the drunk driver paid $71.6 billion of the alcohol-related crash bill, which is 63 percent of the total cost of these crashes.
These "sobering" statistics tell us that we need to be extra careful, and on the lookout at all times, especially after dark. DRIVE SAFE!
Nebraska Legislature Kills Helmet Law Repeal Bill
1. In 2006, an estimated 17,602 people died in alcohol-related traffic crashes—an average of one every 30 minutes.
2. These deaths constitute 41 percent of the 42,642 total traffic fatalities during that year.
3. Roughly one-third of all drivers arrested or convicted of driving while intoxicated or driving under the influence of alcohol are repeat offenders.
These statistics are from the Mothers Against Drunk Driving (MADD) website:
I am also sad to report that that the Omaha/Council Bluffs metropolitan area is ranked #4 in "10 most dangerously drunk cities", joining Denver, Anchorage, Colorado Springs, Fargo, San Antonio, Austin, Fresno, Lubbock and Milwaukee, according to Men's Health Magazine. Other statistics of interest include:
1. About three in every ten Americans will be involved in an alcohol-related crash with a drunk driver at some time in their lives.
2. The rate of alcohol impairment among drivers involved in fatal crashes is four times higher at night than during the day (36% versus 9%), so beware and watch for drunk drivers after dark!
3. Alcohol-related crashes in the United States cost us, the public, an estimated $114.3 billion in 2000. People other than the drunk driver paid $71.6 billion of the alcohol-related crash bill, which is 63 percent of the total cost of these crashes.
These "sobering" statistics tell us that we need to be extra careful, and on the lookout at all times, especially after dark. DRIVE SAFE!
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Efforts to repeal the Nebraska mandatory helmet law (LB 253) have failed. The proposed bill offered a partial repeal to the current law. The proposal would have required bikers under 21 to wear helmets but would have allowed older riders to go without a helmet if they had passed an approved safety course. Iowa is one of only three states with no helmet requirement for any person of any age.
For more information on this subject, feel free to Call Craig Kelley @ 800-642-1242
NEBRASKA LEGISLATURE BECOMES ONE OF FEW STATES TO REQUIRE IGNITION INTERLOCK DEVICES
Last week, the Nebraska State Legislature gave final approval to Legislative Bill 736, which expands current interlock legislation to require the installation of an alcohol ignition interlock device for both first and second drunk driving convictions. The bill now goes to Gov. Dave Heineman's desk, who has expressed support for traffic safety initiatives.
InjuryBoard.com
Ownership and Negligent Entrustment of a Motor Vehicle
A Sad Day for Us in Omaha
For more information on this subject, feel free to Call Craig Kelley @ 800-642-1242
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Last week, the Nebraska State Legislature gave final approval to Legislative Bill 736, which expands current interlock legislation to require the installation of an alcohol ignition interlock device for both first and second drunk driving convictions. The bill now goes to Gov. Dave Heineman's desk, who has expressed support for traffic safety initiatives.
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Inserra & Kelley are members of injuryboard.com which is
is a growing community of attorneys, media professionals, safety industry experts, and local activists, committed to making a difference by helping families stay safe and avoid injury, and helping those who are injured get the assistance they need to move on with their lives after an accident.
is a growing community of attorneys, media professionals, safety industry experts, and local activists, committed to making a difference by helping families stay safe and avoid injury, and helping those who are injured get the assistance they need to move on with their lives after an accident.
Continue reading InjuryBoard.com
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The Nebraska Supreme court cleared up the issue of ownership requirements and the negligent entrustment of a vehicle involved in a motor vehicle accident in the case of Richard A. DeWester, Personal Representative of the Estate of Lindsay DeWester, deceased, appellant, v. Kyle W. Watkins, an individual, appellee.
In a nutshell, the Court held:
In a nutshell, the Court held:
Continue reading Ownership and Negligent Entrustment of a Motor Vehicle
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Yesterday, a 19 year old boy went into one of the busiest malls in Omaha Nebraska with an assault rifle, opened fire, and killed eight people and wounded five others. A random act of violence by a disturbed young man. Those are the headlines we read, but we live in the city where it happened. One of our staff members was in the Von Maur store at the time of the shooting. She and her daughter were on the 2nd floor shopping for shoes when they heard the pops from the gun. She heard the shell casings hit the tile floor. She hit the ground, got up, panicked and began to run thinking to herself that she was making herself a target.
The names of the deceased have not been released as of this post. It is a sad day for the City of Omaha and for all of its citizens to be struck by such a random act of violence.
DWI Court in Scottsbluff
Vioxx Settlement
The names of the deceased have not been released as of this post. It is a sad day for the City of Omaha and for all of its citizens to be struck by such a random act of violence.
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Scottsbluff County Nebraska has instituted a "post sentence" DWI court, the first in the State of Nebraska.
The goal of the court, like its drug court counterparts, is to get people enrolled in alcohol and/or drug treatment programs, mental health counseling as needed, and regular participation in Narcotics Anonymous or Alcoholics Anonymous programs.
The goal of the court, like its drug court counterparts, is to get people enrolled in alcohol and/or drug treatment programs, mental health counseling as needed, and regular participation in Narcotics Anonymous or Alcoholics Anonymous programs.
Continue reading DWI Court in Scottsbluff
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Merck has agreed to settle pending Vioxx claims for a total of $4.85 billion.
Inserra & Kelley Night at the Races
"The settlement is an offer of settlement to individual plaintiffs, provided they can show "1) objective medical proof of either a heart attack of ischemic stroke; (2) documented receipt of at least 30 Vioxx pills; and (3) receipt of pills in sufficient number and proximity to the event to support a presumption that the patient was still taking the pills within 14 days before the heart attack or stroke."If 85% of the plaintiffs in each of the strongest categories do not accept the settlement, then the offer is void.
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Thanks to all who joined us at Nebraska Raceway Park for our annual night at the races. For those who could not make it, we hope to see you next year.
FELA Verdict in Nebraska
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A Nebraska railroad worker won a nearly $2.8 million verdict against the Union Pacific Railroad for a workplace injury that went to trial last week at U.S. District Court in Omaha. Kendall Walsh lost the use of his right arm after it was crushed by a concrete railroad tie that fell off a pile at an Iowa railroad crossing two years ago. A jury sided with Walsh on Friday but found him partially responsible and subtracted 2 percent, or $56,000, from the $2.8 million verdict.
Government Wesbite for Recalled Products
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A new government website for recalled products can be found at http://www.recalls.gov/ Check it out. The website is more consumer friendly and easy to use.
Engineering Medicine
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The University of Florida neuroscience department in conjunction with its bioengineering department is working on a computer chip to be implanted into a person's brain to help cure diseases. An article in Science Daily outlines the goals of this project. The intent of the research is to control or cure disease by decoding an individuals own brain function. Once decoded, it is the hope that the codes can be manipulated to address the disease process.
"It's becoming a reality," Sanchez said. "We're designing electronics that we can interface with biological systems and we can use that to help people."
Retaliatory Demotion in Worker's Compensation
FELA Verdict
"It's becoming a reality," Sanchez said. "We're designing electronics that we can interface with biological systems and we can use that to help people."
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The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court's acceptance of a cause of action for the retaliatory demotion for the filing of a Worker's Compensation claim.
Focusing on our rationale in Jackson, we conclude that a cause of action for retaliatory demotion exists when an employer demotes an employee for filing a workers' compensation claim. When we recognized a retaliatory discharge claim, we reasoned that "a rule which allows fear of retaliation for the filing of a claim undermines [the important public policy of the Nebraska Workers' Compensation Act]." And we stated that "'the employee must be able to exercise his right in an unfettered fashion without being subject to reprisal.
Continue reading Retaliatory Demotion in Worker's Compensation
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A Douglas County Nebraska jury this week ordered Union Pacific Railroad Company to pay $942,000 to a conductor for the knee injuries he suffered after falling on ice in a parking lot of a hotel where Union Pacific had paid for him to stay.
New Jersey case allows minor impact photographs
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The New Jersey Supreme Court has allowed photographs of a minor rear end collision to be admitted into evidence on the issue of causation without the need for expert testimony. The battle will continue as to whether photographs showing minor or no damage to vehicle will be admissible to either prove or disprove a cause and effect injury from the accident. The reasoning is interesting because it concludes that everyone knows that small impact equals small injury, great impact equals great injury. While this is the usual argument, I would like to know on what foundational base that opinion is based. It appears that the acceptance of the conclusion may not be correct or based in any scientific fact according the biomechancial studies. How many people walk away from horrendously bad impact accidents without being hurt?
Avandia
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As reported in The New England Journal of Medicine, a study shows that rosiglitazone, sold as Avandia by GlaxoSmithKline was associated with a significant increase in the risk of myocardial infarction and with an increase in the risk of death from cardiovascular causes that had borderline significance. The study concludes:
Defective Car Seats Recalled
patients and providers should consider the potential for serious adverse cardiovascular effects of treatment with rosiglitazone for type 2 diabetes
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The Consumer Product Safety Commission is recalling 450,000 Evenflo Embrace infant car seat carriers.
The car seats were sold nationwide from December 2004 through last September and are being recalled because the handle malfunctions, releasing unexpectedly.
The affected car seats and carriers have model numbers beginning with 317, 320, 397, 398, 540, 548, 549, 550, 556, 597, 598 or 599.
Continuing Tort and the Statute of Limitations
Christy Koch's Seminar Presentations
The car seats were sold nationwide from December 2004 through last September and are being recalled because the handle malfunctions, releasing unexpectedly.
The affected car seats and carriers have model numbers beginning with 317, 320, 397, 398, 540, 548, 549, 550, 556, 597, 598 or 599.
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The Nebraska Supreme Court defines the issue of a continuing tort action and its relation to the statute of limitations.
Continue reading Continuing Tort and the Statute of Limitations
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Thanks Christy for sharing your seminar presentations made April 13, 2007 in Omaha. Presentation article's available in Articles.
More Pet Food Recalls
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There have been more pet food recalls. Anyone owning a pet needs to keep following this story as we are seeing more and more recalls. There is at least one class action lawsuit in Chicago which alleges fraud by the pet food provider. The purpose of the fraud allegation is to try and gain punitive damages since most pets, certainly in Nebraska, are treated as personal property, which limits your damages to the replacement cost or fair market value of the pet whichever is less.
Intervertebral Disk Replacement
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A small study shows promise for intervertebral disk replacement rather than spinal fusion or artificial disk replacements.
Pet Food
Preliminary experience in 5 patients with degenerative spine disease suggests that transplantation of fresh-frozen intervertebral disks preserved motion and stability of the spinal unit, despite some signs of mild degeneration in the disks over follow-up. Neurologic symptoms in all patients were also improved compared with before-surgery levels.
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The number of pets affected by the pet food recall is growing. Aminopterin has been banned in the U.S. for a half century, once used in chemotherapy. Its side effects are so severe that it was outlawed. In China, though, it's used as a rat poison. The theory is that wheat gluten exported from china for use in soft pet food was exposed to the poison and wound up in cans of wet dog and cat food, causing kidney damage in a lot of pets, if not death. Hundreds of claims are being investigated. More are expected.
The recall includes canned and foil pouch "cuts and gravy" style food. A complete list of the recalled food can be found at www.menufoods.com/recall. If you have any concerns that your pet may have eaten the recalled food, then you should contact your veterinarian immediately.
FELA Cumulative Trauma Case in Texas
The recall includes canned and foil pouch "cuts and gravy" style food. A complete list of the recalled food can be found at www.menufoods.com/recall. If you have any concerns that your pet may have eaten the recalled food, then you should contact your veterinarian immediately.
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A verdict in Beaumont Texas was reported for a cumulative trauma spine injury against the Burlington Northern Santa Fe railroad.
FELA Follow UP -- Sorrell
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The United States Supreme Court has ruled in NORFOLK SOUTHERN RAILWAY CO. V. SORRELL that the causation standard: "in whole or in part, no matter how small" is the same for the negligence claim brought by the plaintiff and the contributory negligence defense brought by the defendant
Low Impact Accident and Auto Insurer
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A report from CNN indicates that if you are hurt in an auto accident which appears to be low impact by the damage to the vehicles, the insurance companies are taking advantage by low balling offers.
Loss of Consortium Case - Ne Supreme Court
Welcome to James L. Quilty, New Field Representative
FELA -Do I have to Move?
If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur -- even if the accident was no fault of your own.
That's what CNN discovered in an 18-month investigation into minor-impact soft-tissue injury crashes around the country. Those are accidents in which there is little damage to the vehicle and the injuries to people are not easy to see by the naked eye or conventional medical tools like X-rays.
Since the mid-1990s, most of the major insurance companies -- led by the two largest, Allstate and State Farm -- have adopted a tough take-it-or-leave-it strategy when dealing with such cases.
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The question presented by this appeal is whether a husband's loss of consortium claim is barred when the injured wife signs her individual release and settles with the tort-feasor. Vicorp argues that Dianna's release bars Simms' claim for loss of consortium. The Court disagrees.
Continue reading Loss of Consortium Case - Ne Supreme Court
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We welcome Jim Quilty, newly retired International Vice President of TCU, to the firm as a field representative.
Continue reading Welcome to James L. Quilty, New Field Representative
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The Washington Appeals Court says no. Harris v Union Pacific reverses a trial court's ruling on plaintiff's motion in limine. It appears that the law in FELA, for injured railroad workers, is that while mitigation of damages is an issue, a railroad worker does not have relocate in another state at the insistence of the railroad employer.
Iowa Beef Recall
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Jim's Market and Locker, Inc. a Harlan, Iowa, firm, is voluntarily recalling approximately 5,226 pounds of ground beef that may be contaminated with E. coli O157:H7, as reported by the USDA Click on the USDA cite above for details.
Congratulations to Christy
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Congratulations to Christy Koch on her article on the benefits of mediation being published in the ATLA Paralegal newsletter.
FELA Award in Kentucky
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A jury has awarded a former railroad employee $1.8 million after he claimed exposure to cleaning solvent at work in Louisville and Corbin caused permanent brain damage, reported in the Louisville, Kentucky Courier-Journal.
The plaintiff alleged that solvents sickened workers at CSX or companies that CSX acquired, such as the Louisville & Nashville Railroad. Plaintiff had worked for the company for 34 years and was diagnosed with toxic encephalopathy which caused brain damage to the plaintiff.
Crashworthiness Rule Promulgated by FRA
The plaintiff alleged that solvents sickened workers at CSX or companies that CSX acquired, such as the Louisville & Nashville Railroad. Plaintiff had worked for the company for 34 years and was diagnosed with toxic encephalopathy which caused brain damage to the plaintiff.
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The Federal Railroad Administraion issued its final rule on crashworthiness of a locomotive cab. The rule took effect on August 28, 2006. The purpose of the rule is to have locomotive cabs designed and manufactured to protect crew members from being injured or killed in a variety of crash scenarios.
Do I Have to Move?
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The recent case of Olson v Capital Electric handed down by the Nebraska Court of Appeals as an unpublished opinion says no you don't have to move. Olson an injured electician refused to move to Kansas City to work for Capial Electric while he was released from his doctor with light duty restrictions which could not be accomodated on his regular job with Capital in Omaha Nebraska. Capital Electric took a position which this court rejected as not supported by the Nebraska Worker Compensation statute or Nebraska case law. The issue of moving appears to be fact driven, but in this case, the court found that Olson was still temporarily totally disabled.
You Take Them as You Find Them
Chart of State Motorcycle Laws
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The case of Castillo v Young handed down today by the Nebraska Supreme Court answers the question regarding the propriety of instructing a jury regarding a prexisting condition. The court decided that it is proper for a trial court to instruct a jury that you take the plaintiff as you find them.
The instruction the court gave was:
The requested instruction was:
The instruction requested by Castillo stated: There is evidence that the Plaintiff had a broken jaw 20 years before the accident on December 20, 2000. The Defendant(s) is (are) liable only for any damages that you find [were] proximately caused by the accident on December 20, 2000. If you cannot separate damages caused by the pre [sic] existing broken jaw from those caused by the accident of December 20, 2000, then the Defendant(s) is (are) liable for all of those damages. The defendant's [sic] may be liable for bodily harm to Nancy Castillo even though the injury is greater than usual due to the physical condition which predisposed Nancy Castillo to the injury. In short, the defendant's [sic] take the plaintiff as they find her.
The instruction the court gave was:
Continue reading You Take Them as You Find Them
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Each state has its own peculiar set of motorcycle laws. In my neighborhood it is time to ride in the Loess Hills of Iowa, the Black Hills of South Dakota, the Ozarks in Missouri, and the Nebraska byways. A summary of state laws can help you know what your are required to do as you pass over state borders. I hope this helps wherever you choose to ride.
Final Tommy Craft Memorial Fund ride of the year
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The final Tommy Craft Memorial Fund motorcycle ride for 2006 will be held on August 20, 2006. Join for a great cause and a great time.
More and More Women Riding Motorcycles
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A great thing I experience when motorcycling these days is the ever-increasing number of ladies purchasing and riding motorcyles on their own, rather than riding on the back of a bike as was the norm in the past.
I recently read a great story about this trend.
The reason I pass on this information is to strongly encourage all female riders, most of whom did not ride in their youth like many males who are returning to motorcycling, to take BOTH the Beginner and Experience Motorcycle Safety courses to minimize their odds of being involved in a motrcycle accident!
Rear End Collisions
I recently read a great story about this trend.
The reason I pass on this information is to strongly encourage all female riders, most of whom did not ride in their youth like many males who are returning to motorcycling, to take BOTH the Beginner and Experience Motorcycle Safety courses to minimize their odds of being involved in a motrcycle accident!
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The Insurance Institute for Highway Safety recently evaluated four cars and two small SUVs, finding that front and side protection is improving but protection for rearend crashes lags.
Retaliatory Discharge
Ford Recalls Vehicles
Now it's the norm for vehicles to earn good ratings in the frontal test, and performance in the side test is rapidly improving," Lund says. "But protection against neck injury in rear-end crashes still needs a lot of work. Front and side crashes usually are more serious, but rear impacts are more common and the neck injuries that result can be debilitating. This is the most common injury reported in motor vehicle crashes.
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The case of Riesen v Irwin Industrial sets out Nebraska's analysis for a retaliatory discharge for the filing of a worker's compensation claim in an "employee at will" state.
The following procedure is utilized under the three-tiered allocation of proof standard: First, the plaintiff has the burden of proving a prima facie case of discrimination. See Goerke, supra. Second, if the plaintiff succeeds in proving that prima facie case, the burden shifts to the defendant-employer to articulate some legitimate, nondiscriminatory reason for the plaintiff's rejection or discharge from employment. See id. This burden is a burden of production, not of persuasion. See Lincoln County Sheriff's Office v. Horne, 228 Neb. 473, 423 N.W.2d 412 (1988). The employer need only explain what has been done or produce evidence of a legitimate, nondiscriminatory reason for the decision. Id. It is sufficient if the employer's evidence raises a genuine issue of fact as to whether it discriminated against the employee. Id. "'"If the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted" . . . and "drops from the case . . . ."'" (Citation omitted.) Agnew, 256 Neb. at 402, 590 N.W.2d at 694, quoting St. Mary's Honor Center, supra.
Third, assuming the employer establishes an articulated nondiscriminatory reason for disparate treatment of an employee, the employee maintains the burden of proving that the stated reason was pretextual and not the true reason for the employer's decision; i.e., that the disparate treatment would not have occurred but for the employer's discriminatory reasons. Lincoln County Sheriff's Office, supra.
The following procedure is utilized under the three-tiered allocation of proof standard: First, the plaintiff has the burden of proving a prima facie case of discrimination. See Goerke, supra. Second, if the plaintiff succeeds in proving that prima facie case, the burden shifts to the defendant-employer to articulate some legitimate, nondiscriminatory reason for the plaintiff's rejection or discharge from employment. See id. This burden is a burden of production, not of persuasion. See Lincoln County Sheriff's Office v. Horne, 228 Neb. 473, 423 N.W.2d 412 (1988). The employer need only explain what has been done or produce evidence of a legitimate, nondiscriminatory reason for the decision. Id. It is sufficient if the employer's evidence raises a genuine issue of fact as to whether it discriminated against the employee. Id. "'"If the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted" . . . and "drops from the case . . . ."'" (Citation omitted.) Agnew, 256 Neb. at 402, 590 N.W.2d at 694, quoting St. Mary's Honor Center, supra.
Third, assuming the employer establishes an articulated nondiscriminatory reason for disparate treatment of an employee, the employee maintains the burden of proving that the stated reason was pretextual and not the true reason for the employer's decision; i.e., that the disparate treatment would not have occurred but for the employer's discriminatory reasons. Lincoln County Sheriff's Office, supra.
Continue reading Retaliatory Discharge
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The Ford Motor Company is recalling vehicles with cruise control systems that are prone to catching fire. The total number of vehicles recalled is 6.7 million, making it one of the largest auto recalls in American history. Vehicles included in the expanded recall are 1994 to 2002 models of the Ford F-250, F-350, F-450 and F-550 Super Duty pickup trucks; 2000 to 2002 models of the Excursion; 1994 to 1996 Econoline vans; 1996 to 2002 E-450 vans; and 1998 Explorers and Mercury Mountaineers.
National Health Insurance - We Already Have it!
What Organizations Pay to Lobby
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An article in medscape points out that we already have national health insurance:
Could national health insurance fly in the United States? The truth is that we already have it. We call it Medicare, and it is not so different from publicly financed, privately delivered healthcare available elsewhere. Americans like Medicare. As for their doctors, hands-down they prefer Medicare to private insurers. Because Medicare doesn't have to generate profits, or spend millions on advertising and Washington lobbyists, it can offer more coverage for less.
Continue reading National Health Insurance - We Already Have it!
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Out of pure curiosity, I was wondering what some of the organizations I belong to paid lobbyist. I came across a website that allowed me to search all kinds of organizations and what they paid to lobbyists. If you believe that money buys influence, you can really see who is doing the buying. According to the website, 2.21 billion dollars was spent last year in reported lobbying costs. My lawyer groups spent 25 million lobbying, which is a lot of money, but is .01% of the total amount.
INSERRA & KELLEY, Attorneys at Law
6790 Grover Street, Suite 200 • Omaha, Nebraska 68106-3612
TEL: 1-402-391-4000 • TOLL-FREE: 1-800-642-1242 • FAX: 1-402-391-4039
© 2008, INSERRA & KELLEY, Attorneys at Law -- All Rights Reserved
6790 Grover Street, Suite 200 • Omaha, Nebraska 68106-3612
TEL: 1-402-391-4000 • TOLL-FREE: 1-800-642-1242 • FAX: 1-402-391-4039
© 2008, INSERRA & KELLEY, Attorneys at Law -- All Rights Reserved