Assume that you are a trial court judge in Nebraska’s state court system and that Sigler v. Patrick is one of the civil cases that you must decide. Your research has revealed that the critical issue in Sigler is the same issue presented in Churchich v. Duda, a 1996 decision of the Supreme Court of Nebraska (the highest appellate court in the Nebraska system). The Churchich decision established a new common law rule for Nebraska. Your research has also revealed that in 2007, the Nebraska legislature enacted a statute that states a rule different from the common law rule established in Churchich. You believe, however, that the 2007 statute offers an unwise rule, and that the common law rule set forth in Churchich amount to much better policy. In deciding the Sigler case, are you free to apply the Churchich rule? Why or why not?
Answered on: 9/22/13, 4:32 pm by Arnold Nager
No. The 2007 action of the legislature overules the court's decision.
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Arnold H. Nager, Esquire 79 Cliff Street Hastings On Hudson, NY 10706-2101► Other answers from this attorney