Justia Legal Ethics Opinion Summaries

Thomas & Thomas Court Reporters sued Douglas Switzer, an attorney, and his law firm, Hathaway & Switzer (Hathaway Switzer), for failure to pay for court reporting services. The district court entered judgment for Thomas & Thomas. At issue on appeal was whether Hathaway Switzer was liable to Thomas & Thomas for its fees or whether Hathaway Switzer's clients were. The Supreme Court (1) affirmed the district court's judgment to the extent that it held Hathaway Switzer rather than Hathaway Switzer's clients liable, as Hathaway Switzer had not disclaimed liability for those fees; and (2) reversed the court's judgment to the extent that it held Switzer personally liable. Remanded with directions to dismiss Thomas & Thomas' claim against Switzer as an individual. View "Thomas & Thomas Court Reporters, LLC v. Switzer" on Justia Law

Jamyia, a minor child of Navajo decent, was removed from her parents' home after doctors discovered that Jamyia suffered injuries consistent with shaken baby syndrome. The juvenile court entered a dispositional order that terminated the parents' parental rights. On appeal, the court of appeals reversed, holding (1) the State had not proved it made active efforts pursuant to Neb. Rev. Stat. 43-1505(4) to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts had been unsuccessful; and (2) the State was required to provide active efforts to both parents to prevent the breakup of the family within the meaning of the statute when aggravated circumstances were present. The Supreme Court reversed the judgment of the appellate court, holding that the court of appeals did not have jurisdiction to reach the active efforts issue, and it erred when it reversed the juvenile court's determination that the State had satisfied the statute before terminating the parents' parental rights.

James Tierney and Jeffrey Tierney brought an action against Four H Land Company and other defendants to compel them to lower the elevation of a lakeside housing development adjoining the Tierneys' land. The district court granted summary judgment in favor of the defendants, and the Tierneys appealed. While their appeal was pending the Tierneys discovered that the district court judge who issued the order harbored a personal prejudice against the Tierneys' attorney. The Supreme Court concluded that the three-factor test set forth in Liljeberg v. Health Services Acquisition Corp. is the best means of determining when the rulings of a judge who should have recused himself or herself will be vacated and adopted the test. Applying the Liljeberg test to the facts of the case, the Court concluded that the district court judge's order on the summary judgment motions should be vacated.