City State Bank v. Holstine fundamentally changed summary judgment law in Nebraska. The Holstine decision requires a moving plaintiff to show no genuine issues of material fact exist on the defendant's affirmative defenses. This change has gone seemingly unnoticed by many attorneys and scholars throughout the state. Despite the lack of notoriety, practitioners should not overlook the dangerous precedent the Nebraska Supreme Court has established. This Note outlines the change Holstine had on the law and the implications the decision will have on future litigation. Part II presents an overview of summary judgment law in Nebraska and the Holstine decision. Part III addresses Nebraska law prior to Holstine and then analyzes the authority cited in the Holstine decision. Part III also considers the policy implications of the decision and concludes with a discussion of the approaches taken by courts in other jurisdictions. Overall, this Note demonstrates the Holstine decision will have detrimental effects on plaintiffs moving for summary judgment in Nebraska.
Karin Elizabeth Iossi Anderson,
Attorneys Beware: Unprecedented Law Changing in Nebraska. Summary Judgment, Affirmative Defenses and City State Bank v. Holstine, 260 Neb. 578, 618 N.W.2d 704 (2000),
81 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol81/iss1/7