Applied Underwriters, Inc., a Nebraska corporation, and Applied Risk Services, Inc., appellants,
S.E.B. Services of New York, Inc., a New York CORPORATION, AND 20th CENTURY SERVICES of New York, Inc., a New York corporation, appellees.
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not necessary to
adjudicate the case and controversy before it.
Moot Question: Jurisdiction: Appeal and
Error. Mootness is a justiciability doctrine that
operates to prevent courts from exercising jurisdiction, and
an appellate court reviews mootness determinations under the
same standard of review as other jurisdictional questions.
Standing: Jurisdiction: Parties. Standing is
a jurisdictional component of a party's case because only
a party who has standing may invoke the jurisdiction of a
Jurisdiction: Judgments. A jurisdictional
issue that does not involve a factual dispute presents a
question of law.
Moot Question: Words and Phrases. A moot
case is one which seeks to determine a question that no
longer rests upon existing facts or rights-i.e., a case in
which the issues presented are no longer alive.
Moot Question. Mootness refers to events
occurring after the filing of a suit which eradicate the
requisite personal interest in the resolution of the dispute
that existed at the beginning of the litigation.
Moot Question: Jurisdiction: Appeal and
Error. Although mootness does not prevent appellate
jurisdiction, it is a justiciability doctrine that can
prevent courts from exercising jurisdiction.
Moot Question. As a general rule, a moot
case is subject to summary dismissal.
Neb. 247] 9. ___ . The central question in a mootness
analysis is whether changes in circumstances that prevailed
at the beginning of litigation have forestalled any occasion
for meaningful relief.
Parties: Standing. The question of standing
can be raised by any party, or the court, at any time during
Standing: Jurisdiction: Parties. Standing
refers to whether a party had, at the commencement of the
litigation, a personal stake in the outcome of the litigation
that would warrant a court's or tribunal's exercising
its jurisdiction and remedial powers on the party's
Standing: Words and Phrases. Standing
involves a real interest in the cause of action, meaning some
legal or equitable right, title, or interest in the subject
matter of the controversy.
Standing: Claims: Parties. To have standing,
a litigant must assert the litigant's own rights and
interests, and cannot rest a claim on the legal rights or
interests of third parties.
Standing: Jurisdiction: Proof. A party
invoking a court's or tribunals' jurisdiction bears
the burden of establishing the elements of standing.
Pleadings: Standing. At the pleading stage,
the standard for determining the sufficiency of a complaint
to allege standing is fairly liberal.
Actions: Breach of Contract. As a general
rule, one who is neither a party to a contract nor an agent
of a party to a contract has no rights under the contract,
and cannot bring an action for breach thereof.
Standing: Jurisdiction. The defect of
standing is a defect of subject matter jurisdiction. And when
questions relating to both subject matter jurisdiction and
personal jurisdiction are present in a case, the court must
first determine the question of subject matter jurisdiction.
from the District Court for Douglas County: Kimberly Miller
Pankonin, Judge. Affirmed.
Jeffrey A. Silver for appellants.
Stephen M. Bruckner and Patrick S. Cooper, of Fraser Stryker,
PC, L.L.O., for appellees.
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
Underwriters, Inc. (Applied), and Applied Risk Services, Inc.
(ARS), appeal from an order dismissing their breach of
contract action against S.E.B. Services of New York, [297
Neb. 248] Inc., and 20th Century Services of New York, Inc.
(collectively S.E.B.). The district court dismissed the
action for lack of personal jurisdiction over S.E.B. and
alternatively found that Nebraska was an inconvenient forum.
We affirm the dismissal, but on different grounds.
is a Nebraska corporation located in Omaha, Nebraska. It
markets and administers workers' compensation insurance
programs nationwide. S.E.B. is a New York corporation with
its principal place of business in New York. S.E.B. provides
security services and security guards in at least 22 states.
2014, S.E.B.'s third-party insurance broker contacted
Applied to discuss obtaining workers' compensation
coverage for S.E.B. Subsequently, S.E.B. entered into a
"Reinsurance Participation Agreement" (RPA) with
Applied Underwriters Captive Risk Assurance Company, Inc.
(AUCRAC). AUCRAC is not a party to this litigation. A
"true and accurate copy" of the RPA was attached to
the complaint in this matter. Paragraph 8 of the RPA recites
that ARS is the "billing agent" for AUCRAC and is