It's Time to Pack Away the Crystal Ball: The Need for Remand in Pleading and Proof Cases of First Impression in Nebraska

Authors

John P. Lenich, University of Nebraska College of LawFollow

Abstract

I. Introduction

II. If Only I Knew What to Plead ... A. To Appeal or to Amend—The $64,000 Question ... B. The Advantages of Modifying the No-Remand Rule … C. The Unfairness of Affirming on Grounds Other Than Those Relied on by the Trial Court

III. If Only I Knew What to Prove ... A. The Unfairness of Applying New Proof Requirements Retroactively ... B. The Strange Case of Damages

IV. Conclusion

Recommended Citation

John P. Lenich, It's Time to Pack Away the Crystal Ball: The Need for Remand in Pleading and Proof Cases of First Impression in Nebraska, 66 Neb. L. Rev. (1987)
Available at: https://digitalcommons.unl.edu/nlr/vol66/iss2/4