Randle S. Jensen, an individual. Appellant,
Champion Window of Omaha, LLC, Appellee.
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
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.
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
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
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.
___ . 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.
from the District Court for Douglas County: J. Michael
B. White, of Carlson & Burnett, L.L.P., for appellant.
J. Millsap and Kenneth M. Wentz III, of Jackson Lewis, P.C.,
Inbody, Riedmann, and Arterburn, Judges.
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 ...