7 Nebraska opinions name it 3 courts 1922–2022 1 in the last five years
The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Reynoldsgreen2 sentences1995See State v. Reynolds, 235 Neb. at 681-82 , 457 N.W.2d at 418 : Under the test or standard enunciated in Frye , reliability for admissibility of an expert's testimony, including an opinion, which is based on a scientific principle or is based on a technique or process which utilizes or applies a scientific principle, depends on general acceptance of the principle, technique, or process in the relevant scientific community. 1995See State v. Reynolds, 235 Neb. at 681-82 , 457 N.W.2d at 418 : Under the test or standard enunciated in Frye , reliability for admissibility of an expert's testimony, including an opinion, which is based on a scientific principle or is based on a technique or process which utilizes or applies a scientific principle, depends on general acceptance of the principle, technique, or process in the relevant scientific community. | 1 | 2 |
Evans v. General Motors Corp.green2 sentences2006This test requires an inquiry as to whether the course of action has roots in the common law, and if so, whether the remedy involved was one in law or equity.” Evans v. General Motors Corp., 277 Conn, at 510, 893 A.2d at 380 . 2006This test requires an inquiry as to whether the course of action has roots in the common law, and if so, whether the remedy involved was one in law or equity.” Evans v. General Motors Corp., 277 Conn, at 510, 893 A.2d at 380 . | 1 | 1 |
Holt v. Parmergreen2 sentences2006See, also, Holt v. Parmer, 106 Cal. App. 2d 329 , 235 P.2d 43 (1951) (stating where case involves application of doctrines of equity and relief sought is equitable, parties are not entitled to jury trial). 2006See, also, Holt v. Parmer, 106 Cal. App. 2d 329 , 235 P.2d 43 (1951) (stating where case involves application of doctrines of equity and relief sought is equitable, parties are not entitled to jury trial). | 1 | 1 |
State v. Palmergreen2 sentences1990See, State v. Palmer, 210 Neb. 206 , 313 N.W.2d 648 (1981) (rejection of hypnosis to refresh a witness’ recollection); State v. Borchardt, 224 Neb. 47 , 395 N.W.2d 551 (1986) (horizontal nystagmus test rejected); M. 1990See, State v. Palmer, 210 Neb. 206 , 313 N.W.2d 648 (1981) (rejection of hypnosis to refresh a witness’ recollection); State v. Borchardt, 224 Neb. 47 , 395 N.W.2d 551 (1986) (horizontal nystagmus test rejected); M. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kingery Constr. Co. v. 6135 O St. Car Wash
green
1 sentence2022CAR WASH Cite as 312 Neb. 502 They similarly provide for a party aggrieved by another’s “alleged failure, neglect, or refusal . . . to arbitrate” to ask the court for an order compelling arbitration. 26 We have noted that the U.S. Supreme Court has never held that these “procedural sections” of the FAA apply to state courts. 27 However, we have previously taken the view that § 3 applies to state court pro- ceedings 28 and have ruled on motions to stay and compel made under §§ 3 and 4. 29 In our 2008 decision in LaRue Distributing, we relied upon a test of waiver used by the Eighth Circuit that | 1 | 2022–2022 |
State v. Williams
green
2 sentences1996The Test The test for determining whether a lesser-included offense instruction should be given is provided in State v. Williams, 243 Neb. 959 , 503 N.W.2d 561 (1993). 1996The Test The test for determining whether a lesser-included offense instruction should be given is provided in State v. Williams, 243 Neb. 959 , 503 N.W.2d 561 (1993). | 1 | 1996–1996 |
State v. Borchardt
green
2 sentences1990See, State v. Palmer, 210 Neb. 206 , 313 N.W.2d 648 (1981) (rejection of hypnosis to refresh a witness’ recollection); State v. Borchardt, 224 Neb. 47 , 395 N.W.2d 551 (1986) (horizontal nystagmus test rejected); M. 1990See, State v. Palmer, 210 Neb. 206 , 313 N.W.2d 648 (1981) (rejection of hypnosis to refresh a witness’ recollection); State v. Borchardt, 224 Neb. 47 , 395 N.W.2d 551 (1986) (horizontal nystagmus test rejected); M. | 1 | 1990–1990 |
Simon v. London Guarantee & Accident Co.
green
1 sentence1922Adopting the language of the supreme court of Idaho, this court has said: “Whatever a litigant may properly plead as a cause of action or ground of defense as relevant or material to the issue, he may plead with or without malice, and in such case the intent with which he pleaded the same cannot be inquired into or become an issue in an action for libel.” Simon v. London Guarantee & Accident Co., 104 Neb. 524 . | 1 | 1922–1922 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.