Welcome to the Nebraska Law Review Bulletin

A Fair Competition Theory of the Civil False Claims Act Monday, January 11, 2016

On December 4, 2015, the Supreme Court granted certiorari in Universal Health Services v. United States ex rel. Escobar, a fraud case that may reshape the future of $1.9 billion of annual healthcare fraud recoveries in the United States. Julio Escobar and Carmen Correa lost their daughter to a seizure while she was under the care of Universal Health Services. Escobar and Correa subsequently learned that the staff caring for their daughter were not licensed or certified.

Read the full A Fair Competition Theory of the Civil False Claims Act article


Disability Discrimination in the Form of Ad Hoc Examinations Wednesday, October 14, 2015

In Arens v. NEBCO, Inc., the Nebraska Supreme Court reversed a defense jury verdict on account of an erroneous evidentiary ruling. Lenard Arens, a truck driver, sued his employer under Nebraska’s counterpart to the ADA, the Nebraska Fair Employment Practice Act, which prohibits discrimination because of disability. In remanding Arens’ case for a new trial, the court adopted federal case law interpreting analogous provisions of the ADA dealing with medical examinations of employees. To avoid liability, an employer must now establish a three-part showing of business necessity when it requires an employee to submit to a medical examination. Arens displays principled statutory interpretation while giving effect to the legislative aim of achieving workplaces which are free from discrimination against individuals with disabilities.

Read the full Disability Discrimination in the Form of Ad Hoc Examinations article


Disability Discrimination in the Form of Ad Hoc Examinations: A Brief Introduction Wednesday, October 14, 2015

Nearly every Employment Law casebook, course, and lecture includes at least some mention of the Americans with Disabilities Act. In addition to the ADA, the Nebraska Fair Employment Practice Act prohibits discrimination in the workplace. Under either Act, an employer-mandated medical examination of an individual with disabilities is presumed to be unlawful discrimination.

Read the full Disability Discrimination in the Form of Ad Hoc Examinations: A Brief Introduction article


The Fifth Judge: Thompson v. Heineman and Nebraska’s Judicial Supermajority Clause Sunday, May 31, 2015

When TransCanada proposed its Keystone XL route in 2008, it likely did not believe that the proposal would face much opposition. After all, TransCanada already had another pipeline running through Nebraska. The thought that the project would be at a standstill seven years later seemed unfathomable.

Read the full The Fifth Judge: Thompson v. Heineman and Nebraska’s Judicial Supermajority Clause article


Keystone XL and Nebraska’s Judicial Supermajority Clause: A Brief Introduction Sunday, May 31, 2015

Many are familiar with the Keystone XL due to the political controversy surrounding the pipeline. Of central relevance to Nebraska, it is difficult to open a newspaper, scroll through a Twitter feed, or discuss environmental issues without the topic rising to the forefront of conversation. However, what many people are unaware of is Nebraska’s judicial supermajority clause.

Read the full Keystone XL and Nebraska’s Judicial Supermajority Clause: A Brief Introduction article