Latest 3 Cases: State v. Combs (Civil Rights), Gonzales v. Nebraska Pediatric Practice (Medical Malpractice), Rodriguez v. Lasting Hope Recovery ...

Who Counts as a Jew?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a recent decision by the Supreme Court of Israel holding that people who have undergone Conservative or Reform conversions in Israel qualify as Jews under the Israeli Law of Return. Professor Colb explains the significance of this decision and explores some of the downsides that remain in the Israeli approach to who counts as a Jew.

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State v. Combs

Citation: 308 Neb. 587

Opinion Date: March 5, 2021

Judge: Michael G. Heavican

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the order of the district court denying Defendant's motion for postconviction relief, holding that the district court did not err in dismissing the motion for postconviction relief. Defendant was convicted of one count of theft by unlawful taking, one count of attempted theft by unlawful taking, and one count of abuse of a vulnerable adult. In his postconviction motion, Defendant alleged that his counsel was ineffective for failing to file a direct appeal when he was directed to do so. The district court denied the motion following a hearing. The Supreme Court affirmed, holding that the district court correctly found that Defendant was not deficient in failing to file a direct appeal.

Gonzales v. Nebraska Pediatric Practice

Citation: 308 Neb. 571

Opinion Date: March 5, 2021

Judge: Michael G. Heavican

Areas of Law: Medical Malpractice

The Supreme Court reversed the order of the district court granted summary judgment to Defendants in this medical malpractice action, holding that the district court erred in excluding certain testimony. Joaquin Rojas was five years old when he suffered a brain injury. Plaintiffs, the child's parents, sued Dr. Corey Joekel and Joekel's employer, Nebraska Pediatric Practice, Inc., alleging that Joekel misdiagnosed and failed to treat Joaquin's condition. Based on Defendants' objection, the district court found inadmissible the expert testimony of Plaintiffs' key witness, Dr. Todd Lawrence. The district court then granted summary judgment for Defendants on the basis that, without Dr. Lawrence's testimony, Plaintiffs could not prove causation. The Supreme Court reversed, holding (1) the district court erred in excluding Dr. Lawrence's testimony; and (2) because the testimony raised a genuine dispute about causation, summary judgment was unwarranted.

Rodriguez v. Lasting Hope Recovery Center

Citation: 308 Neb. 538

Opinion Date: March 5, 2021

Judge: Michael G. Heavican

Areas of Law: Personal Injury

The Supreme Court affirmed the order of the district court granting summary judgment to Defendants in this wrongful death action, holding that the district court properly found that Defendants owed no legal duty under the circumstances. Mikael Loyd was a patient for six days at Lasting Hope Recovery Center, a mental health facility, where he was treated by a psychiatrist employed by the University of Nebraska Medical Center Physicians (UNMC Physicians). The day he was released Loyd killed his ex-girlfriend, Melissa Rodriguez. As special administrator's for Melissa's estate, her parents brought this action against Lasting Hope and UNMC Physicians for failing to warn and protect Melissa from Loyd. The district court granted summary judgment to Defendants, concluding that they owed no legal duty to Melissa. The Supreme Court affirmed, holding that Melissa's death was not legally attributable to the breach of duty by Defendants because Loyd never communicated to them that he intended to harm Melissa.