Nebraska Injunction Law

Whitney Belina v. Travis Belina

Madison, Nebraska family law lawyers represented the parties in a protective order case. The district court for Madison County granted Whitney Belina an ex parte domestic abuse protection order against her husband, Travis Belina, for herself and her four minor children. After a show cause hearing, the district court affirmed the domestic abuse protection order for Whitney and the child... More...

$0 (04-16-2025 - NE)

Jacqueline Damon v. Navsav Holdings, LLC

Omaha, Nebraska employment law lawyers represented Plaintiff who sued her former employer challenging a restrictive covenant in an employment contract. Jacqueline Damon was an at-will employee of Universal Group, Ltd. Damon who was then a resident of Omaha, Nebraska, started working for Universal in 2014. That same year, Universal promoted Damon to the position of Account Manager, a... More...

$0 (08-25-2023 - NE)

James R. Zeleny v. State of Nebraska <table> <td>

Zeleny was charged by information in the county court with operating a motor vehicle “while under the influence of alcoholic liquor or . . . when he had a concentration of eighthundredths of one gram or more by weight of alcohol per two hundred ten liters of his breath.” That charge was enhanced with the allegation that Zeleny’s alcohol level was “fifteen hundredths... More...

$0 (12-06-2017 - NE)

State Of Nebraska v. Erpelding

On May 14, 2012, Erpelding filed a complaint with the district court to establish paternity, custody, visitation, and child support of his 4-year-old daughter, Grace Erpelding, who was born out of wedlock. In July 2012, the court entered a temporary parenting plan granting primary physical and legal custody of Grace to her mother, Diane Southall. On August 20, the court ordered Erpelding to pay te... More...

$0 (12-31-2015 - NE)

Cain v. Custer Cty. Bd. of Equal.

Cain owns 10 contiguous parcels of land in Custer County, Nebraska, which total over 1,093 acres. Approximately 70 percent of the property, or 756 acres, is irrigated “native grass” upon which Cain grazes cattle. The remainder of the property is nonirrigated grassland. - 733 Nebraska advaNce sheets 291 Nebraska reports CAIN v. CUSTER CTY. BD. OF EQUAL. Cite as 291 Neb. 730 In 2012, as the ... More...

$0 (08-29-2015 - NE)

Susan Waters v. Pete Ricketts

Omaha, NE - Nebraska same sex marriage prohibition is unconstitutional Plaintiffs are seven same-sex couples seeking to marry in Nebraska or to have their marriage in another state recognized in Nebraska. They also seek state benefits incident to marriage. The district court granted 1 Plaintiffs’ motion for a preliminary injunction. It found that Article I, § 29 of the Nebr... More...

$0 (08-11-2015 - NE)

NAMN, LLC v. Bernard J. Morello

Morello owns property at the northwest corner of 42d and Center Streets in Omaha, Nebraska. NAMN owns property immediately to the west of Morello’s property. Throughout this litigation, and hereinafter in this opinion, NAMN’s property is referred to as “Lot 9” and Morello’s property is referred to as “Lot 10.” A residential home is located on Lot 9, and there are no structures on Lot... More...

$0 (07-24-2015 - NE)

Melanie M. v. Kerry T. Winterer

Melanie M. requested an administrative hearing after the Department of Health and Human Services (Department) informed her that it was going to change her benefits under the Supplemental Nutrition Assistance Program (SNAP). The Department informed Melanieâ€”a resident of North Platte, Nebraskaâ€”that it would hold the hearing in Lincoln, Nebraska. Melanie could participate telephonically... More...

$0 (04-23-2015 - NE)

Richard J. Nubuda v. Dodge County School District 0062 (Scribner-Synder Community Schools) in the State of Nebraska

After the voters in the appellee school district rejected a bond proposal to build an addition, the school district entered into a lease-purchase agreement with Scribner Bank to finance an addition. The appellants, residents and taxpayers in the Nebraska Advance Sheets 742 290 NEBRASKA REPORTS district, sought declaratory and injunctive relief. The taxpayers contend that the agreement ... More...

$0 (04-23-2015 - NE)

Southwind Homeowners Association v. David Burden

David B Burden and Wilai B Burden provide childcare services in their home in Sarpy County, Nebraska. The Southwind Homeowners Association filed suit against the Burdens, alleging that the childcare services as provided violated several restrictive covenants applicable to the premises and asking that the Burdens be enjoined from providing those services. The district court found that the childcare... More...

$0 (03-16-2012 - NE)

Planned Parenthood v. Nebraskans United for Life

Planned Parenthood of the Heartland and Dr. Jill Meadows (collectively, "Planned Parenthoodâ€) brought suit against various state officials in Nebraska challenging new requirements to the State's informed consent procedures for abortions. After the district court granted 1 preliminary injunctive relief against the law, Nebraskans United for Life ("NuLifeâ€) moved to intervene for the lim... More...

$0 (12-16-2011 - NE)

Shirley Phelps-Roper v. Gary Troutman

Shirley Phelps-Roper brought this action to enjoin the enforcement of the Nebraska Funeral Picketing Law (NFPL), arguing that it violates her First Amendment right to free speech. She appeals a district court order denying her motion for a preliminary injunction. Bound by a previous panel decision involving a similar statute, the same procedural posture on appeal, and the identical plaintiff, Phel... More...

$0 (10-21-2011 - NE)

Francis Hengen v. Barbara H. Hengen

This appeal involves two consolidated cases in each of which one group of landowners seeks injunctive relief to permit the withdrawal of irrigation water from the canal of an irrigation district across land of the other owners. The trial court ruled generally in favor of appellees Barbara Hengen et al. in both cases. Francis and Louise Hengen have appealed. These two cases involve a section... More...

$0 (04-16-1982 - NE)

Bryan Behrens v. Arch Insurance Company

Bryan Behrens appeals from a grant of summary judgment by the district court1 in favor of Arch Insurance Company ("Archâ€). Behrens's complaint requested a declaration that Arch has a duty to defend him under its errors & omissions policy and sought damages for breach of contract. The district court granted summary judgment for Arch. We affirm. I. Behrens was a registered re... More...

$0 (02-07-2011 - NE)

Tyler Keup v. F. X. Hopkins

Tyler Keup, an artist in the custody of the Nebraska Department of Correctional Services (NDCS), tried to send drawings of a marijuana leaf and a bare-breasted woman to his mother and the Maoist Internationalist Movement (Maoists). When NDCS rebuffed Keup's efforts, Keup sued various NDCS officials under 42 U.S.C. Â§ 1983 for violating his First Amendment rights. The district court directed a ve... More...

$0 (03-10-2010 - NE)

Vonage Holdings Corp. v. Nebraska Public Service Commission

The members of the Nebraska Public Service Commission,1 and the Director of the Telecommunications Infrastructure and Public Safety Department2 (collectively NPSC),3 appeal the district court's4 order enjoining the NPSC's enforcement of the Nebraska Telecommunication Universal Service Fund Act (NUSF), Neb. Rev. Stat. Â§Â§ 86-316 to 86-329, requiring nomadic interconnected voice over internet p... More...

$0 (05-01-2009 - NE)

Lee Appleby v. Stanley Andreasen and New York Life Insurance/New York Life Insurance and Annuity Company

Opal Shepard filed an action against Stanley Andreasen and New York Life Insurance/New York Life Insurance and Annuity Company (New York Life) asserting various causes of action premised on her allegation that Andreasen and New York Life gave her improper financial advice regarding multiple life insurance products. T he district court for Burt County granted summary judgment in favor of Andreasen ... More...

$0 (12-19-2008 - NE)

Elaine L. Chao, Secretary of Labor v. Barbeque Ventures, LLC, et al.

Barbeque Ventures, LLC, Barbeque Ventures of Nebraska, LLC, and Old Market Ventures, LLC ("the employersâ€) appeal from a summary judgment for the Secretary of Labor pursuant to the Fair Labor Standards Act, 29 U.S.C. Â§Â§ 207, 215(a)(2). The district court1 ordered the employers to pay overtime compensation, liquidated damages and post-judgment interest, while denying injunctive relief. ... More...

$0 (12-04-2008 - NE)

Pennfield Oil Company v. W.L. Winstrom, indididually and as Personal Representative of the Estate of R.W. Winstrom and Andrew L. Winstrom

Over the past several years, W.L. Winstrom (Bill) and his son, A ndrew Winstrom, have waged war over 8.49 shares of Pennfield Oil Company (Pennfield), a closely held corporation. Pennfield's board of directors consisted of B ill; S ydney Winstrom, Bill's wife and A ndrew's mother, and A ndrew. This is the second appeal concerning the disputed shares. The battle centered on redemption agreem... More...

$0 (07-19-2008 - NE)

Mark Steven Pestal and Kimberly Ann Pestal v. John J. Malone, Sr., et al.

This equity action involves a dispute among neighbors over four parcels of property. The disputed parcels are either part of or adjacent to a common driveway serving three lots, 6, 7, and 8, in the Hilltop of Oak Hills Highlands subdivision in Douglas County, Nebraska. The owners of lot 8, Mark Steven Pestal and Kimberly Ann Pestal, appellees, brought this action in the district court for Do... More...

$0 (06-19-2008 - NE)

Michael Nolan, appellee, v. Tim Campbell, also known as Timothy C. Campbell, appellant.

Tim Campbell, also known as Timothy C. Campbell, appeals the judgment entered by the Madison County District Court awarding Michael Nolan, the city administrator of Norfolk, Nebraska, $78,000 on his petition for libel and false light invasion of privacy and enjoining Campbell from specific uses of certain publications and terminology. While we uphold the award of damages, we must narrow the sco... More...

$78000 (12-21-2004 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/05/01/041282P.pdf" target="_new">Everest Capital Limited v. Everest Fund Management, LLC, et al.</a>

Everest Capital Limited is a Bermuda-based investment advisor that began managing off-shore "hedge funds" in 1990, using the trademark "Everest Capital" in the names of its funds, in letters to investors, and in marketing materials. Some years later, entrepreneur Vinod Gupta formed Everest Investment Management to manage his personal wealth through a collection of limited partnerships in ... More...

$0 (01-04-2005 - NE)

City of Gordon, Nebraska, appellee, v. Marshall D. Ruse and Hazel B. Ruse, husband and wife, appellants, and Kansas Nebraska Natural Gas Company, Inc., et al., appellees.

In 2002, the City of Gordon abandoned proceedings it had instituted in the county court for Sheridan County to acquire by condemnation certain real property owned by Marshall D. Ruse and Hazel B. Ruse. The Ruses sought recovery of certain fees and costs pursuant to Neb. Rev. Stat. § 76-726(1) (Reissue 2003). The county court awarded the Ruses $1,500 in attorney fees but held that it la... More...

$0 (10-08-2004 - NE)

<a href="http://court.nol.org/opinions/2004/january/jan23/s02-1174.htm" target="_new">Marlowe Rath, a resident taxpayer of Sutton, Clay County, Nebraska v. City of Sutton, a city of the second class, et al</a>.

The City of Sutton, Nebraska (City), sought to make improvements to its wastewater treatment facility. The City received bids from a number of construction companies, including JJ Westhoff Construction Company, Inc. (Westhoff), and Van Kirk Sand & Gravel, Inc. (Van Kirk). The Sutton City Council (City Council) awarded the contract for the project to Van Kirk, a local contractor, despite the fact t... More...

$0 (01-23-2004 - NE)

<a href="http://court.nol.org/opinions/2004/january/jan23/s02-1284.htm" target="_new">Pennfield Oil Company, a Nebraska corporation v. W.L. Winstrom, individually and as Personal Representative of the Estate of R.W. Winstrom and Andrew L. Winstrom</a>.

This is an appeal from an interlocutory order of the district court for Douglas County denying a motion filed by the law firm of Lamson, Dugan & Murray, L.L.P. (Lamson firm), which sought leave to appear on behalf of Pennfield Oil Company, and disqualification of the law firm of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O. (Fitzgerald firm), which has served as counsel for Pennfield Oil ... More...

$0 (01-23-2004 - NE)

<a href="http://court.nol.org/opinions/2002/july/july26/s00-573.htm" target="_new">Wasikowski v. Nebraska Quality Jobs Board</a>

The Nebraska Quality Jobs Board (the Board); Board members E. Benjamin Nelson, David Heineman, and Dennis Jorgensen; the Nebraska Department of Revenue and the State Tax Commissioner, M. Berri Balka (collectively the State defendants); and Nebraska Beef, Inc., and Nebraska Beef, Ltd., appeal from the district court’s order (1) voiding the Board’s approval of Nebraska Beef, Ltd.’s... More...

$0 (08-02-2002 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/01/12/011521P.pdf" target="_new">John Ways v. City of Lincoln</a>

John Ways brought this action to challenge the constitutionality of a now repealed Lincoln ordinance prohibiting sexual contact in entertainment businesses. The district court 1 enjoined enforcement of the ordinance after concluding that it was unconstitutionally overbroad in violation of the First Amendment. We affirm. The Lincoln City Council passed Ordinance No. 17613, codified as Lincol... More...

$0 (12-14-2001 - NE)

<a href="http://court.nol.org/opinions/2001/october/oct19/s00-514.htm" target="_new">Home Pride Foods v. Johnson</a>

The appellee, Home Pride Foods, Inc. (Home Pride), sued the appellants, Christopher S. Johnson, Jason J. Johnson, and Consumer’s Choice Foods, Inc. (Consumer’s Choice), for a permanent injunction and damages under Nebraska’s Trade Secrets Act, Neb. Rev. Stat. § 87-501 et seq. (Reissue 1999). After a bench trial, the district court determined that the appellants had used a custom... More...

$0 (10-19-2001 - NE)

<a href="http://court.nol.org/opinions/2001/september/sept7/s00-376.htm" target="_new">Jeffrey Lake Development, Inc. v. The Central Nebraska Public Power, et al.</a>

Central Nebraska Public Power and Irrigation District (Central) entered into two leases which are the subject of this case: one with Jeffrey Lake Development, Inc. (JLDI), dated May 1, 1980, and another similar lease with Midway Wildlife and Recreation Club (MWRC) dated May 1, 1981. These leases respectively concerned portions of the lakefront property surrounding Jeffrey and Central Midway Lakes ... More...

$0 (07-07-2001 - NE)

<a href="http://www.ca8.uscourts.gov/opndir/01/06/001399P.pdf" target="_new">United States of America v. Santee Sioux Tribe of Nebraska</a>

Pursuant to this court's decision in United States v. Santee Sioux Tribe of Nebraska, 135 F.3d 558 (8th Cir. 1998) (Santee I),1 the district court issued an injunction against the Santee Sioux Tribe ("the Tribe"), ordering it to close a tribal casino operating class III gaming devices. After the Tribe failed to comply with the injunction, the court held it in contempt and began assessing a fin... More...

$0 (06-21-2001 - NE)

Union Pacific Railroad v. Brotherhood of Local Engineers

Breach of contract - Railroad Labor Act - Union Pacific Railroad sought an injunction against its 8,000 locomotive engineers who went out on strike to protest their working conditions. The strike affected 38,654 miles of mostly freight lines in 23 states, although the U.S. passenger rail service AMTRAK uses Union Pacific track in some areas and service could be affected. ... More...

$0 (01-26-2001 - NE)

1504 Harney Associates, L.P. v. GHMC, Inc.

Injunction - Breach of Contract: Plaintiff, owner of a hotel property, entered into a management contract with defendant to provide management services for plaintiff's hotel property. Shortly after commencement of performance under the management contract, plaintiff noted deficiencies and defects in defendants performance, including, defendant's agents attending "expensive" conventions where def... More...

$59102 (05-04-2000 - NE)