Publications

Salem Grain Co., Inc., v. City of Falls City, 302 Nb. 548 (2019). In 2012, Defendant and Appellee Consolidated Grain and Barge Company (“Consolidated Grain”) proposed to construct a new commercial grain receiving, storage, and shipping facility in Falls City, Nebraska. Consolidated Grain applied for tax increment financing (“TIF”) for […]

The First Session of the 106th Nebraska Legislature convened on January 9, 2019. As of as Thursday, April 11, there are 32 days left in the session, which concludes on June 6, 2019. Bill introduction concluded on January 23, 2019. At the conclusion of bill introduction, we identified 28 bills […]

In 1994, the HIV crisis was at its height, and confidentiality of HIV testing and test results was a grave concern. The Nebraska Unicameral enacted an unusual statute, requiring that no HIV test be administered without first obtaining the patient’s informed consent to the test. This was unusual because the […]

Medical devices are subject to numerous regulations and an intensive approval process to verify their safety for patient use–but what about the software that powers these devices? How secure is the software that operates insulin pumps or pacemakers? In addition to the requirement that medical device software meet general Food […]

Appendix Q to the State Operations Manual sets out surveyor guidance regarding Immediate Jeopardy findings. The revised guidance published by CMS in a Quality, Safety and Oversight Memo on March 5, 2019, includes a “Core” Appendix Q applicable to all provider and supplier types. Two subparts, applicable to nursing homes […]