NEBRASKA REFORMS

Appeal Bond Reform: LB 1207 (2004).  Limits the amount a defendant can be required to pay to secure the right to appeal to the lesser of the amount of the judgment, 50 percent of the appellant’s net worth, or $50 million.

Assumption of the Risk: LB 88 (1991).  Provides for an assumption of the risk defense.   

Frivolous Lawsuit Sanction: LB 298 (1986).  Allows a court to assess court costs and attorneys’ fees for frivolous claims or defenses.

Joint and Several Liability Reform: LB 88 (1991): Neb. Rev. Stat. § 25-21,185.10.  Bars application of the rule of joint and several liability in the recovery of noneconomic damages.

Medical Liability Reform: Contingent Fee Reform: Neb Stat. § 44-2834.  Allows a court to review contingent fees in medical and professional liability cases.

Medical Liability Reform: Collateral Source Rule Reform: Neb Stat. § 44-2819.  Allows evidence of nonreturnable medical reimbursement insurance in medical liability cases to be taken as a credit against any judgment rendered.

Offer of Settlement Rule: LB 298 (1986).  Adopts an offer of settlement provision that allows the award of prejudgment interest for an unreasonable failure to settle.

Plaintiff’s Negligence Reform: LB 88 (1991).  Replaces Nebraska's slight-gross negligence rule with a 50/50 rule in which the plaintiff wins if the plaintiff's responsibility is less than the responsibility of all the defendants. 

Prejudgment Interest Reform: LB 298  (1986).  Reduces the rate of interest to 1% above the rate on U.S. Treasury Bill.