Archive for March, 2010
Keating, O'Gara Attorney Gary Young Fights for Free Speech Rights
Posted by Jeff Downing in Constitutional Rights, Labor Law, Lancaster Manor, Lincoln Nebraska Employment Discrimination Attorney, Nebraska Employement Discrimination Lawyer, Nebraska Employment Discrimination Thursday, 18 March 2010 10:21 No Comments
Keating, O’Gara attorney Gary Young won the dismissal of a lawsuit that, if successful, would have quelled the right of a citizen to criticize a corporation and its management.
Judge dismisses Lancaster Manor defamation suit
Lincoln Journal Star
by Algis J. Laukaitis
March 18, 2010A judge has dismissed a defamation lawsuit filed by Hunter Management against Kim Kaspar and the union that represented Lancaster Manor employees.
“It’s very good news, and it’s consistent with our theory that this was an attempt to shut down our free speech,” said Lincoln attorney Gary Young, who represented Kaspar and American Federation of State, County, and Municipal Employees Local 2468.
Kaspar is president of the union, which fought unsuccessfully to stop the county board from selling Lancaster Manor, a 293-bed nursing home at 1001 South St. The sale is in the final stage of closing.
During several town hall meetings and appearances before the board, Kaspar and the union voiced concerns about Hunter Management and the care it gave residents. The Evanston, Ill.-based company owns all or part of about 40 nursing homes, including Homestead Rehabilitation Center in Lincoln . . . .
Nebraska Statutes of Limitation and Statute of Repose
Posted by Jeff Downing in Uncategorized Monday, 15 March 2010 15:16 No Comments
In Nebraska, there are strict time limits within which to file a lawsuit. These time limits are known as “statutes of limitation.” In many personal injury cases, a plaintiff has 4 years within which to file a case. However, for cases against professionals (like lawyers, doctors, and architects) the time is just two years for “professional negligence.”
But what about cases in which an injury is not reasonably discoverable, such as a latent injury like having a surgical sponge left inside a patient and the patient has no way of knowing that he or she has been “damaged” until after symptoms appear, say, 5 or 6 years later? Well, the law allows an injured person to still bring a claim . . . to a point. That endpoint in Nebraska is ten years. This portion of a law is known as a “statute of repose.”
Here is Neb. Rev. Stat. 25-222:
25-222. Actions on professional negligence.
Any action to recover damages based on alleged professional negligence or upon alleged breach of warranty in rendering or failure to render professional services shall be commenced within two years next after the alleged act or omission in rendering or failure to render professional services providing the basis for such action; Provided, if the cause of action is not discovered and could not be reasonably discovered within such two-year period, then the action may be commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; and provided further, that in no event may any action be commenced to recover damages for professional negligence or breach of warranty in rendering or failure to render professional services more than ten years after the date of rendering or failure to render such professional service which provides the basis for the cause of action.
Last Friday, the Texas Supreme Court ruled on their 10 year statute of repose in a sponge case strictly upholding the ten year time limit.
If you have questions about medical malpractice time limits in Nebraska, call the Keating, O’Gara Law Firm at 888/234-0621 or fill out the contact form on this website.
