Choice of Forum in Nebraska

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Authors
Ralston, Richard H.
Crisman, Virginia F.
Issue Date
1974
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INTRODUCTION |By enacting the Nebraska Long-Arm Statute, the legislature has extended the jurisdictional reach of Nebraska courts significantly beyond traditional notions of territorial presence to allow them broad power to adjudicate disputes between nonresidents and Nebraska citizens. Like most long-arm statutes, the Nebraska statute allows the exercise of in personam jurisdiction based upon certain minimum contacts with the state, thus assuring a convenient forum for resident plaintiffs in litigation against nonresident defendants. Obviously, this extension of jurisdiction seems to be designed to protect Nebraska citizens. In an extremely mobile age, this expansive authority to assume in personam jurisdiction clearly is appropriate. To insure that this purpose is achieved, the breadth of the Long-Arm Statute in allowing the exercise of jurisdiction over nonresident defendants and foreign corporations should not unduly be restricted by narrow venue choices. In other words, the venue opportunities available to plaintiffs should be flexible enough to assure that the venue statutes do not take back what the Long-Arm Statute provides; namely, the opportunity for resident plaintiffs to bring their disputes against nonresident defendants in Nebraska courts. Thus, the basic question becomes: Do the existing venue statutes provide the resident plaintiff sufficient latitude for full utilization of the Long-Arm Statute? In the context of the present Nebraska venue provisions and the paucity of case law interpreting those statutes in relationship to the Long-Arm Statute, that question becomes a difficult one to answer...
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7 Creighton L. Rev. 435 (1973-1974)
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Creighton University School of Law
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