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WELCOME TO THE NEBRASKA ASSOCIATION OF TRIAL ATTORNEYS' SITE

The Nebraska Association of Trial Attorneys is dedicated to the improvement of the trial practice, and preservation of the jury system. The Association provides quality continuing legal education and is active in the legislative process insofar as it impacts upon justice in Nebraska. The membership of the Association is open to all lawyers,and law students. The resources of the Association are committed to providing advocacy-related services to members and sponsoring, supporting or opposing legislation as needed to protect rights of citizens to recover for wrongs inflicted upon them and maintaining the integrity of the legal system.

WHAT'S NEW AT NATA?

Covid-19
We hope you are all safe and secure.  As many of you know, on March 24th, NATA Past President Matt Lathrop conducted a working from home forum through Zoom.   The session was recorded and he has made it available to you at the following link:

 https://zoom.us/rec/share/ytZfA52t_G5OWIHJ7m35ZY0aD9TLX6a81SBL-aEPmEkMt0DAO93rzMH1mUc81bdm

Stay safe!

THE PRAIRIE BARRISTER
NATA's quarterly publication, The Prairie Barrister is an electronic only publication.  Volume 25, Number 4, Winter 2019 is now available for Download.


WASHINGTON UPDATE
Linda A. Lipsen, CEO, American Association for Justice

With many issues in play right now, AAJ is working overtime to protect the rights of your clients.

AAJ knows that keeping state cases in state courts is very important to you and your clients. Therefore, we are working on legislation to solve the problem of snap removal, the quick removal by a resident corporate defendant to a federal court before being served with the complaint, thus denying proper jurisdiction over the case to the defendant’s forum state court. We will keep you informed as this continues to move along.
 

Negotiations continue on driverless car legislation and on a bill to regulate the cosmetics industry. We remain vigilant and focused on ensuring that your clients still have access to state courts and are not forced into arbitration.
 

In other news—while the Senate has not yet taken action on the FAIR Act, AAJ is working on other bills to end the rigged, grossly unfair practice of forcing consumers, workers, and others into arbitration to resolve disputes. Watch this space for more information.

 Thank you for your commitment to civil justice. Below, you’ll find some recent highlights of AAJ’s advocacy on behalf of you and your clients:

KEEP STATE CASES IN STATE COURTS

  • AAJ recognizes that a big threat to justice for your clients and their cases is the untimely removal of state cases to federal court. Defense attorneys, corporate counsels and their lobbyists have been advocating for minimal diversity and other changes to the traditional jurisdiction rules to force more cases into federal court. It is the highest priority of AAJ to push back on their efforts.
     
  • Snap removal is the latest attempt by corporate defendants to undermine traditional diversity jurisdiction rules and move state cases to federal court. The House Judiciary Subcommittee held a hearing in November to review legislative solutions. The hearing video and witness statements are available here. The hearing shed light on snap removal and got a conversation started with members of Congress about crafting legislation. Afterward, AAJ worked with interested stakeholders to draft a legislation solution.
     
  •   In February, Rep. Johnson (D-GA) and Rep. Nadler (D-NY) introduced the Removal Jurisdiction Clarification Act of 2020, to close the snap removal legal loophole by allowing for the remand of cases where the defendant has been properly served within 30 days of the initial notice of removal and the motion to remand is properly made. Plaintiffs who complete service of process following filing as required will not be forced into federal court by a corporate defendant’s snap removal.
GUIDANCE ON THIRD-PARTY ACCESS TO HEALTH RECORDS UNDER HIPAA
  • Since January 2018, AAJ has been monitoring Ciox Health LLC v. Azar pending in the D.C. district court in which Ciox Health, LLC challenged a U.S. Department of Health and Human Services (HHS) rule and guidance limiting the fees that medical-records companies can charge to third parties for collecting health information.
     
  • Last week, a memorandum order issued by the D.C. district court regarding HHS’s guidance under the HI-TECH Act restricts access to third parties.
     
  • AAJ knows that it’s essential for patients and their lawyers to have access to their electronic medical records and the metadata accompanying the record. Since patients can still access their records, it may be advisable for lawyers to help their clients make the request for records directly.
     
  • Once the court decision is finalized, and we know what further action(s) HHS will take, AAJ will decide what next step to take. Please read HHS’s notice on the matter here.

FEDERAL RULES UPDATE

Even if you don’t practice in federal court, it’s important to be concerned as most state courts eventually adopt the federal rules.

RULE MAKING ON DISCLOSURE STATEMENTS
 

As you may recall, the Advisory Committee on Civil Rules (Advisory Committee) has issued a formal rulemaking on disclosure statements in Rule 7.1 of the Federal Rules of Civil Procedure (FRCP). The disclosure statements rule would require parties in cases brought or removed under diversity jurisdiction to disclose the citizenship of owners/members of any entity whose citizenship can be attributed to that entity, such as an LLC, a limited partnership, or joint venture. Such disclosure will allow for early determination of whether the court can properly exercise diversity jurisdiction. We believe it may be helpful to your cases to determine early on the owners of LLCs, limited partnerships, joint ventures, and other business structures.
 

The comment period runs through February 19, 2020. The docket for filing comments can be found here. AAJ’s comments can be found on the docket, but we encourage you to file short, individual comments.

For more information, please contact Susan Steinman at susan.steinman@justice.org.

FIGHTING FOR YOUR CLIENTS

AAJ continues to fight all attempts to deny access to justice. We look forward to keeping you in the loop on important developments. We welcome your input. You can reach me at advocacy@justice.org.

 

 

QUICK LINKS

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Amicus Curiae

Prairie Barrister Archives
 

Nebraska Association of Trial Atorneys, 941 "O" Street, Ste. 203, Lincoln, Nebraska 68508
Phone: (402) 435-5526                        E Mail: nata@nebraskatrial.com

 

 

CALENDAR OF EVENTS

2020

JUNE
NATA 2020 SUMMER MEETING
Thursday, June 25 - Saturday, June 27, 2020
Bridges Bay Resort, Lake Okoboji, Iowa


JULY
AAJ Annual Meeting
July 11-14, 2020
Walter E. Washington Convention Center
Washington, D.C.


SEPTEMBER
NATA Board & NATA PAC Trustee Meeting
Thursday, September 24, 2020

Scott Conference Center, Omaha

NATA Annual Membership Dinner
Thursday, September 24, 2020
Happy Hollow Country Club, Omaha


NATA 2020 Annual Meeting & Fall Seminar
Friday,  September 25, 2020

Scott Conference Center, Omaha

OCTOBER
NATA Seminar/NSBA Annual Meeting
8:00 - 10:30 a.m., Wednesday, October 14, 2020

Embassy Suites Omaha/LaVista Hotel & Conference Center
LaVista

DECEMBER
NATA Seminar Topic TBD
Friday, December 4, 2020
Scott Conference Center, Omaha