irrebuttable presumption in Nebraska

2004Freezer Servs., Inc. v. Mullen, 235 Neb. at 993 , 458 N.W.2d at 253 , this court held that under ethical rules then in effect, when an attorney who was intimately involved with the particular litigation, and who has obtained confidential information pertinent to that litigation, terminates the relationship and becomes associated with a firm which is representing an adverse party in the same litigation, there arises an irrebuttable presumption of shared confidences, and the entire firm must be disqualified from further representation.

2004Freezer Servs., Inc. v. Mullen, 235 Neb. at 993 , 458 N.W.2d at 253 , this court held that under ethical rules then in effect, when an attorney who was intimately involved with the particular litigation, and who has obtained confidential information pertinent to that litigation, terminates the relationship and becomes associated with a firm which is representing an adverse party in the same litigation, there arises an irrebuttable presumption of shared confidences, and the entire firm must be disqualified from further representation.

1993This rule is consistent with Canons 4, 5, and 9 and DR 5~105(D) of the Code of Professional Responsibility, Baker v. Farnsworth, 117 Neb. 504 , 221 N.W. 17 (1928), and Federal Trust Co. v. Damron, 124 Neb. 655 , 247 N.W. 589 (1933).

1993This rule is consistent with Canons 4, 5, and 9 and DR 5~105(D) of the Code of Professional Responsibility, Baker v. Farnsworth, 117 Neb. 504 , 221 N.W. 17 (1928), and Federal Trust Co. v. Damron, 124 Neb. 655 , 247 N.W. 589 (1933).

1993This rule is consistent with Canons 4, 5, and 9 and DR 5~105(D) of the Code of Professional Responsibility, Baker v. Farnsworth, 117 Neb. 504 , 221 N.W. 17 (1928), and Federal Trust Co. v. Damron, 124 Neb. 655 , 247 N.W. 589 (1933).

1993This rule is consistent with Canons 4, 5, and 9 and DR 5~105(D) of the Code of Professional Responsibility, Baker v. Farnsworth, 117 Neb. 504 , 221 N.W. 17 (1928), and Federal Trust Co. v. Damron, 124 Neb. 655 , 247 N.W. 589 (1933).

2013In September 2005, Nebraska Advance Sheets MID AMERICA AGRI PRODUCTS v. ROWLANDS 315 Cite as 286 Neb. 305 DR 5-109 was replaced by § 3-501.9 when Nebraska’s Code of Professional Responsibility was replaced by the Nebraska Rules of Professional Conduct. (c) Parties’ Arguments Horizon claims an irrebuttable presumption applies to an expert who receives confidential information from one party and then works for an adverse party on a substantially related matter.

2013Our precedents have applied an irrebuttable presumption only to persons who obtained confidential information while Nebraska Advance Sheets MID AMERICA AGRI PRODUCTS v. ROWLANDS 317 Cite as 286 Neb. 305 working as lawyers.

2013In North Pacifica, LLC v. City of Pacifica, 335 F. Supp. 2d 1045 (N.D.

2001United States v. Agosto, 675 F.2d 965 (8th Cir.1982), abrogated on other grounds, Flanagan v. United States, 465 U.S. 259 , 104 S.Ct. 1051 , 79 L.Ed.2d 288 (1984).

2001United States v. Agosto, 675 F.2d 965 (8th Cir. 1982), abrogated on other grounds, Flanagan v. United States, 465 U.S. 259 , 104 S. Ct. 1051 , 79 L.

2001United States v. Agosto, 675 F.2d 965 (8th Cir. 1982), abrogated on other grounds, Flanagan v. United States, 465 U.S. 259 , 104 S. Ct. 1051 , 79 L.

2001United States v. Agosto, 675 F.2d 965 (8th Cir. 1982), abrogated on other grounds, Flanagan v. United States, 465 U.S. 259 , 104 S. Ct. 1051 , 79 L.

2001FirsTier Bank v. Mullen, 248 Neb. 384 , 534 N.W.2d 575 (1995), and State ex rel.

2001FirsTier Bank v. Mullen, 248 Neb. 384 , 534 N.W.2d 575 (1995), and State ex rel.

1998Thus, even disregarding the fact that Geary was not an attorney and did not in fact acquire any client confidences through his work for Fogarty, Mahem and the Clinic cannot fall under the prohibition announced in Hickman that “[e]mploying, in any capacity, one who was an attorney on the other side of a case carries with it the appearance of impropriety.” 245 Neb. at 253 , 512 N.W.2d at 378 .

1998Thus, even disregarding the fact that Geary was not an attorney and did not in fact acquire any client confidences through his work for Fogarty, Mahem and the Clinic cannot fall under the prohibition announced in Hickman that “[e]mploying, in any capacity, one who was an attorney on the other side of a case carries with it the appearance of impropriety.” 245 Neb. at 253 , 512 N.W.2d at 378 .

1998Welfare, 216 Neb. 731 , 346 N.W.2d 225 (1984), the appellant contended that a provision of the Social Security Act created an irrebuttable presumption that nursing homes which are not at least 85 percent occupied (or 50 percent in the case of new construction) are inefficient and uneconomical.

1998Welfare, 216 Neb. 731 , 346 N.W.2d 225 (1984), the appellant contended that a provision of the Social Security Act created an irrebuttable presumption that nursing homes which are not at least 85 percent occupied (or 50 percent in the case of new construction) are inefficient and uneconomical.

1984Vlandis v. Kline, 412 U.S. 441 , 93 S. Ct. 2230 , 37 L.

1984Vlandis v. Kline, 412 U.S. 441 , 93 S. Ct. 2230 , 37 L.

1981In that event the bill would probably be held unconstitutional because conclusive presumptions are disfavored, particularly in criminal law, and it is impermissible to shift the burden of proof to the defendant. ( See, e.g., Crenshaw v. Commonwealth , 219 Va. 38 , 245 S.E.2d 243 (1978).) However, in Ulster County Court v. Allen , 442 U.S. 140 (1979), the United States Supreme Court considered the validity of a statutory presumption and a synopsis of the cases on the subject provided therein would indicate that questions have arisen out of situations where there has been a presumption expressly

1981In that event the bill would probably be held unconstitutional because conclusive presumptions are disfavored, particularly in criminal law, and it is impermissible to shift the burden of proof to the defendant. ( See, e.g., Crenshaw v. Commonwealth , 219 Va. 38 , 245 S.E.2d 243 (1978).) However, in Ulster County Court v. Allen , 442 U.S. 140 (1979), the United States Supreme Court considered the validity of a statutory presumption and a synopsis of the cases on the subject provided therein would indicate that questions have arisen out of situations where there has been a presumption expressly

1981In that event the bill would probably be held unconstitutional because conclusive presumptions are disfavored, particularly in criminal law, and it is impermissible to shift the burden of proof to the defendant. ( See, e.g., Crenshaw v. Commonwealth , 219 Va. 38 , 245 S.E.2d 243 (1978).) However, in Ulster County Court v. Allen , 442 U.S. 140 (1979), the United States Supreme Court considered the validity of a statutory presumption and a synopsis of the cases on the subject provided therein would indicate that questions have arisen out of situations where there has been a presumption expressly

1981Miller Hospital, Inc., supra; Krenz v. Medical Protective Company, etc., 57 Wis.2d 387 , 204 N.W.2d 663 (1973).... [W]e are led to the conclusion that there is an aspect of inherent unfairness in the ineluctable application of an irrebuttable presumption which holds that a release of an original tort-feasor executed after treatment of injuries operates as an absolute bar to a second action by the injured party against a physician or hospital for negligent treatment or care of the original injury.

1981Miller Hospital, Inc., supra; Krenz v. Medical Protective Company, etc., 57 Wis.2d 387 , 204 N.W.2d 663 (1973).... [W]e are led to the conclusion that there is an aspect of inherent unfairness in the ineluctable application of an irrebuttable presumption which holds that a release of an original tort-feasor executed after treatment of injuries operates as an absolute bar to a second action by the injured party against a physician or hospital for negligent treatment or care of the original injury.

1980She contends that our decision in Bauer v. Board of Regents of University of Nebraska, 192 Neb. 87 , 219 N.W.2d 236 (1974), prohibits such result.

1980She contends that our decision in Bauer v. Board of Regents of University of Nebraska, 192 Neb. 87 , 219 N.W.2d 236 (1974), prohibits such result.

1977Essentially, reading Danforth together with Bellotti v. Baird, ___ U.S. ___, 49 L.Ed.2d 844 , 96 S.Ct. ___ (1976), it appears that the Supreme Court is saying that it is impermissible for the state to create an irrebuttable presumption that a girl 18 years or younger is incapable of giving an informed consent.