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1,151 sections in this chapter.
Neb. Rev. Stat. § 25-21,245 Action involving public petition and participation; motion to dismiss; when granted; duty to expedite.
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A motion to dismiss based on a failure to state a cause of action shall be granted when the moving party demonstrates that the action, claim, cross-claim, or counterclaim subject to the motion is an action involving public petition and participation unless the party responding to…
Neb. Rev. Stat. § 25-21,246 Action involving public petition and participation; motion for summary judgment; when granted.
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A motion for summary judgment shall be granted when the moving party has demonstrated that the action, claim, cross-claim, or counterclaim subject to the motion is an action involving public petition and participation unless the party responding to the motion demonstrates that th…
Neb. Rev. Stat. § 25-21,247 Health care payor or employee; immunity from criminal or civil liability; when.
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(1) For purposes of this section, health care payor shall include, but not be limited to: (a) An insurer; (b) A health maintenance organization; (c) Medicare or medicaid; (d) A legal entity which is self-insured and provides health care benefits for its employees; or (e) A person…
Neb. Rev. Stat. § 25-21,248 Terroristic threats; action authorized.
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Any individual, partnership, firm, limited liability company, corporation, company, society, or association, the state or any department, agency, or subdivision thereof, or any other public or private entity aggrieved by the actions of an individual convicted of a violation of se…
Neb. Rev. Stat. § 25-21,249 Equine activities; legislative intent.
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The Legislature recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from such activities. It…
Neb. Rev. Stat. § 25-21,250 Equine activities; terms, defined.
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For purposes of sections 25-21,249 to 25-21,253: (1) Engages in an equine activity means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or being a passenger upon an equine-drawn vehicle, or any pers…
Neb. Rev. Stat. § 25-21,251 Equine activities; liability and claims; limitations.
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Except as provided in section 25-21,252, (1) an equine activity sponsor, an equine professional, or any other person, which includes a corporation, limited liability company, or partnership, shall not be liable for an injury to or the death of a participant resulting from the inh…
Neb. Rev. Stat. § 25-21,252 Equine activities; applicability of other laws; liability enumerated.
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(1) Sections 25-21,249 to 25-21,253 shall not apply to the horseracing industry as regulated in sections 2-1201 to 2-1229. (2) Nothing in section 25-21,251 prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine ac…
Neb. Rev. Stat. § 25-21,253 Equine activities; signs and contracts; requirements.
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(1) Every equine professional shall post and maintain signs which contain the following warning notice: WARNING Under Nebraska Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine…
Neb. Rev. Stat. § 25-21,254 Legislative intent.
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The Legislature finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental requirements and the local counterpart or extension of such requirements and that the public will benefit from incentives to identify and reme…
Neb. Rev. Stat. § 25-21,255 Terms, defined.
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For the purposes of sections 25-21,254 to 25-21,264: (1) Environmental audit means any document dated and labeled as a confidential environmental audit and prepared pursuant to a specific written directive to review compliance with an environmental requirement or requirements, in…
Neb. Rev. Stat. § 25-21,256 Environmental audit; use as evidence prohibited; exceptions.
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(1) An environmental audit prepared under sections 25-21,254 to 25-21,264 is not admissible as evidence in any civil or administrative proceeding or enforcement proceedings under local ordinances, except (a) as provided in sections 25-21,257 to 25-21,259, (b) an agency having reg…
Neb. Rev. Stat. § 25-21,257 Environmental audit; use as evidence; waiver.
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Except as provided in section 25-21,259, the person for whom the environmental audit was prepared, whether the audit was prepared by the person, by an employee of the person, or by a consultant hired by the person, may waive the protection provided in section 25-21,256 only by an…
Neb. Rev. Stat. § 25-21,258 Environmental audit; use as evidence; exceptions.
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The protection created by section 25-21,256 does not apply to: (1) Documents or information required to be developed, maintained, or reported pursuant to any environmental requirements; (2) Documents or other information required to be available or furnished to a regulatory agenc…
Neb. Rev. Stat. § 25-21,259 Environmental audit; admissible as evidence; when.
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(1) An environmental audit is admissible as evidence in any civil or administrative proceeding or enforcement proceedings under local ordinances if a court of record determines that: (a)(i) The environmental audit shows evidence that the person for which the environmental audit w…
Neb. Rev. Stat. § 25-21,260 Voluntary self-evaluation; disclose possible violations.
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A person performing a voluntary self-evaluation may disclose in writing a possible violation of an environmental requirement to an agency having regulatory authority showing: (1) A description of the possible violation; (2) The date of discovery of the possible violation and, if …
Neb. Rev. Stat. § 25-21,261 Voluntary self-evaluation; disclosure; effect; exceptions.
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(1) If disclosure is made pursuant to section 25-21,260 and the agency having regulatory authority has approved the action taken or the schedule to achieve compliance, as appropriate, which approval shall not be unreasonably withheld, the person is not liable for civil penalties …
Neb. Rev. Stat. § 25-21,262 Regulatory authority; sections; how construed.
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Except as specifically provided in sections 25-21,254 to 25-21,261, such sections do not affect the regulatory authority that any department or agency has to require any action associated with the information disclosed.
Neb. Rev. Stat. § 25-21,263 Privileges; sections; how construed.
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Sections 25-21,254 to 25-21,262 do not limit, waive, or abrogate the scope or nature of any statutory or common-law privilege, including the work-product doctrine and the attorney-client privilege.
Neb. Rev. Stat. § 25-21,264 Venue.
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The district court of the county in which the facility is located or, if all parties agree, the district court of Lancaster County shall have jurisdiction of actions brought under section 25-21,259.
Neb. Rev. Stat. § 25-21,270 Change of name; authority of district court.
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The district court shall have authority to change the names of persons, towns, villages and cities within this state.
Neb. Rev. Stat. § 25-21,271 Change of name; persons; procedure; clerk of the district court; duty.
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(1) Any person desiring to change his or her name shall file a petition in the district court of the county in which such person may be a resident, setting forth (a) that the petitioner has been a bona fide citizen of such county for at least one year prior to the filing of the p…
Neb. Rev. Stat. § 25-21,272 Change of name; town, village, or city; procedure.
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(1) Whenever it may be desirable to change the name of any town, village, or city in any county of the state, a petition for that purpose may, in like manner, be filed in the district court of such county, signed by a majority of the legal voters of such town, village, or city, s…
Neb. Rev. Stat. § 25-21,273 Change of name; effect; costs; how taxed; exception.
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(1) Unless the petitioner is allowed to proceed in forma pauperis in accordance with sections 25-2301 to 25-2310, all proceedings under sections 25-21,270 to 25-21,272 shall be at the cost of the petitioner, for which fee-bill or execution may issue as in civil cases. (2) Any cha…
Neb. Rev. Stat. § 25-21,274 Motor vehicle collision with domestic animal; principles applied.
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(1) In any civil action brought by the owner, operator, or occupant of a motor vehicle or by his or her personal representative or assignee or by the owner of the livestock for damages resulting from collision of a motor vehicle with any domestic animal or animals on a public hig…
Neb. Rev. Stat. § 25-21,275 Diversion of utility services; terms, defined.
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For purposes of sections 25-21,275 to 25-21,278, unless the context otherwise requires: (1) Bypassing means the act of attaching, connecting, or in any manner affixing any wire, cord, socket, motor, pipe, or other instrument, device, or contrivance to the utility supply system or…
Neb. Rev. Stat. § 25-21,276 Diversion of utility services; civil actions; recovery authorized.
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(1) A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts (a) bypassing, (b) tampering, or (c) unauthorized metering when such act results in damages to the utility. A utility may bring a civil action for dam…
Neb. Rev. Stat. § 25-21,277 Diversion of utility services; rebuttable presumption; when.
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(1) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant (a) had access to…
Neb. Rev. Stat. § 25-21,278 Diversion of utility services; additional remedies.
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The remedies provided by sections 25-21,275 to 25-21,278 shall be deemed to be supplemental and additional to powers conferred by existing laws. The remedies provided in sections 25-21,275 to 25-21,278 are in addition to and not in limitation of any other civil or criminal statut…
Neb. Rev. Stat. § 25-21,279 Action to seek injunction; authorized.
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Any victim as defined in section 81-1848 may pursue a civil action to seek an injunction to enforce the Nebraska Crime Victim's Reparations Act and sections 81-1843 to 81-1851.
Neb. Rev. Stat. § 25-21,280 School, educational service unit, early childhood education program, school nurse, medication aide, and nonmedical staff person; physician; health care professional; pharmacist; immunity; when.
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(1) Any person employed by a school approved or accredited by the State Department of Education, employed by an educational service unit and working in a school approved or accredited by the department, or employed by an early childhood education program approved by the departmen…
Neb. Rev. Stat. § 25-21,281 Tampering with anhydrous ammonia or anhydrous ammonia equipment; effect on liability.
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(1) Any person who owns, maintains, or installs anhydrous ammonia equipment, uses anhydrous ammonia for any lawful purpose, sells anhydrous ammonia for any lawful purposes, or transports anhydrous ammonia in a manner prescribed by law shall not be liable to any person who tampers…
Neb. Rev. Stat. § 25-21,282 Immunity from liability; exceptions.
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(1) A person who donates fire control or rescue equipment to a fire department or a political subdivision for use by its fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the fire control or rescue equipment a…
Neb. Rev. Stat. § 25-21,283 Act, how cited.
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Sections 25-21,283 to 25-21,289 shall be known and may be cited as the Successor Asbestos-Related Liability Act.
Neb. Rev. Stat. § 25-21,284 Terms, defined.
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For purposes of the Successor Asbestos-Related Liability Act: (1) Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: (a) Any claim i…
Neb. Rev. Stat. § 25-21,285 Cumulative successor asbestos-related liabilities of successor corporation; limitations; applicability.
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(1) The limitations in section 25-21,286 shall apply to any successor corporation. (2) The limitations in section 25-21,286 shall not apply to: (a) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Nebraska Workers' Compensation Act or a …
Neb. Rev. Stat. § 25-21,286 Successor corporation; liability; limitation.
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(1) Except as further limited in subsection (2) of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidat…
Neb. Rev. Stat. § 25-21,287 Successor corporation; limitations; fair market value of total gross assets.
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(1) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under section 25-21,286 through any method reasonable under the circumstances, including: (a) By reference to the going concern value of the assets or to the p…
Neb. Rev. Stat. § 25-21,288 Fair market value of total gross assets; adjustment.
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(1) Except as provided in subsections (2) through (4) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of: (a) The prime rate as listed in the first edition of the Wall Stree…
Neb. Rev. Stat. § 25-21,289 Act, how construed; applicability of act.
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(1) The courts of this state shall construe the provisions of the Successor Asbestos-Related Liability Act liberally with regard to successor corporations. (2) The act shall apply to all asbestos claims filed against a successor corporation on or after July 15, 2010. The act also…
Neb. Rev. Stat. § 25-21,290 Act, how cited.
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Sections 25-21,290 to 25-21,296 shall be known and may be cited as the Exploited Children's Civil Remedy Act.
Neb. Rev. Stat. § 25-21,291 Terms, defined.
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For purposes of the Exploited Children's Civil Remedy Act: (1) Access software provider means a provider of software, including client or server software, or enabling tools that do any one or more of the following: (a) Filter, screen, allow, or disallow content; (b) pick, choose,…
Neb. Rev. Stat. § 25-21,292 Civil action authorized; recovery; attorney's fees and costs; injunctive relief.
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(1) Any participant or portrayed observer in a visual depiction of sexually explicit conduct or his or her parent or legal guardian who suffered or continues to suffer personal or psychological injury as a result of such participation or portrayed observation may bring a civil ac…
Neb. Rev. Stat. § 25-21,293 Time for bringing action; limitation.
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Notwithstanding any other provisions of law, any action to recover damages under the Exploited Children's Civil Remedy Act shall be filed within three years after the later of: (1) The conclusion of any related criminal prosecution against the person or persons from whom recovery…
Neb. Rev. Stat. § 25-21,294 Use of pseudonym.
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In any action brought pursuant to the Exploited Children's Civil Remedy Act, a plaintiff may request to use a pseudonym instead of his or her legal name in all court proceedings and records. Upon finding that the use of a pseudonym is proper, the court shall ensure that the pseud…
Neb. Rev. Stat. § 25-21,295 Defendant; defenses not available.
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It is not a defense to a cause of action brought pursuant to the Exploited Children's Civil Remedy Act that the defendant: (1) Did not know the participant or portrayed observer appearing in the visual depiction of sexually explicit conduct; (2) Did not appear in the visual depic…
Neb. Rev. Stat. § 25-21,296 Attorney General; powers.
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To prevent ongoing and further exploitation of any person who was a participant or portrayed observer or his or her parent or legal guardian, the Attorney General, upon request, may pursue cases on behalf of any participant or portrayed observer or his or her parent or legal guar…
Neb. Rev. Stat. § 25-21,297 Act, how cited.
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Sections 25-21,297 to 25-21,301 shall be known and may be cited as the Human Trafficking Victims Civil Remedy Act.
Neb. Rev. Stat. § 25-21,298 Terms, defined.
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For purposes of the Human Trafficking Victims Civil Remedy Act: (1) Human trafficking means labor trafficking, labor trafficking of a minor, sex trafficking, or sex trafficking of a minor, as those terms are defined in section 28-830; and (2) Trafficking victim has the same meani…
Neb. Rev. Stat. § 25-21,299 Civil action authorized; recovery; attorney's fees and costs; order of attachment.
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(1) Any trafficking victim, his or her parent or legal guardian, or personal representative in the event of such victim's death, who suffered or continues to suffer personal or mental injury, death, or any other damages proximately caused by such human trafficking may bring a civ…