Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jensen v. Champion Window of Omaha, LLC

Court of Appeals of Nebraska

August 15, 2017

Randle S. Jensen, an individual. Appellant,
v.
Champion Window of Omaha, LLC, Appellee.

         1. Motions to Dismiss: Pleadings: Appeal and Error. An appellate court reviews a district court's order granting a motion to dismiss de novo, accepting all allegations in the complaint as true and drawing all reasonable inferences in favor of the nonmoving party.

         2. Motions to Dismiss: Appeal and Error. When reviewing a dismissal order, the appellate court accepts as true all the facts which are well pled and the proper and reasonable inferences of law and fact which may be drawn therefrom, but not the pleader's conclusions.

         3. Claim Preclusion. The doctrine of claim preclusion applies when there are two proceedings and the following four requirements are satisfied: (1) there was a final judgment on the merits in the prior action; (2) the judgment was entered by a court of competent jurisdiction; (3) both the prior and the subsequent actions involved the same cause of action; and (4) both the prior and subsequent actions were between the same parties or persons in privity with them.

         4. Judgments: Claim Preclusion. A judgment on the merits, rendered in a former suit between the same parties or their privies, on the same cause of action, by a court of competent jurisdiction, operates as a bar not only as to every matter which was offered and received to sustain or defeat the claim, but as to every other matter which might with propriety have been litigated and determined in that action.

         5. Actions: Claim Preclusion. A party who could have raised claims in a prior action but failed to do so is precluded from raising those claims in a subsequent action.

         6. ___: ___ . Where a federal court dismisses the filed federal causes of action with prejudice but reserves and dismisses the state law [24 Neb.App. 930] claims filed contemporaneously, the only claims reserved are those expressly dismissed without prejudice. Any other state law claims arising from the same factual scenario but not brought in the federal lawsuit are precluded.

         Appeal from the District Court for Douglas County: J. Michael Coffey, Judge.

          Terry B. White, of Carlson & Burnett, L.L.P., for appellant.

          Sarah J. Millsap and Kenneth M. Wentz III, of Jackson Lewis, P.C., for appellee.

          Inbody, Riedmann, and Arterburn, Judges.

          ARTERBURN, JUDGE.

         INTRODUCTION

         Randle S. Jensen appeals from an order of the district court which granted a motion to dismiss in favor of Champion Window of Omaha, LLC (Champion). On appeal, Jensen argues the district court erred in dismissing his claims for negligent and intentional infliction of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.