Latest 2 Cases: Loyd v. Family Dollar Stores of Nebraska, Inc (Civil Procedure), In re Interest of Zoie H. (Criminal Law)

The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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Loyd v. Family Dollar Stores of Nebraska, Inc

Citation: 304 Neb. 883

Opinion Date: January 24, 2020

Judge: Michael G. Heavican

Areas of Law: Civil Procedure, Labor & Employment Law

The Supreme Court dismissed this appeal from an order disapproving the parties' application for an order approving a lump-sum settlement on the grounds that the application was not in compliance with the Nebraska Workers' Compensation Act, Neb. Rev. Stat. 48-101 et seq., holding that the Nebraska Workers' Compensation Court's order of disapproval was not a final, appealable order. Plaintiff filed a petition seeking benefits for injuries she sustained while working for Employer. The parties eventually agreed to settle the dispute for a lump-sum payment of $150,000, along with the establishment of an interest-bearing account for additional medical payments. The parties filed a joint stipulation, but the stipulation did not include the amount of fees and costs. The compensation court disapproved the lump sum settlement application and joint stipulation, finding that the application and joint stipulation were not in compliance with the Act and not in the best interests of Plaintiff. Plaintiff appealed. The Supreme Court dismissed the appeal, holding that the compensation court's order of disapproval, standing alone, was not a final, appealable order.

In re Interest of Zoie H.

Citation: 304 Neb. 868

Opinion Date: January 24, 2020

Judge: Stacy

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the separate juvenile court adjudicating Appellant for the act of attempted theft by unlawful taking, $5,000 or more, holding that Appellant was not entitled to reversal of her convictions. Specifically, the Supreme Court held that the juvenile court did not err by (1) overruling Appellant's motion to quash; (2) denying Appellant's demand for jury trial; and (3) finding that Appellant committed the act of attempted theft by unlawful taking, $5,000 or more because the State presented sufficient evidence to prove beyond a reasonable doubt that the value of property involved was $5,000 or more.