S-17-177, Scott T. Boyd, MD, and Great Plains Diagnostics, LLC [appellants] v. John Cook, MD, Jacob Cook, Midwest Pain Clinic, P.C., Omaha Ambulatory Surgery Center, LLP, and Omaha Land Holdings, LLC
District court for Douglas County, Honorable Shelly R. Stratman
Attorneys: Marck Laughlin and Robert W. Futhey (Fraser Stryker) and Steven A. Klenda (Klenda Gessler & Blue LLC of Denver) for appellants; James J. Frost (McGrath North) for appellees
Civil: Action for alleged breach of an employment agreement
Proceedings below: District court dismissed for lack of jurisdiction, finding the parties’ contract required arbitration
Issues: Did the trial court err in 1) sua sponte finding the employment agreement’s arbitration, jurisdiction, and venue provisions deprived it of subject matter jurisdiction after the parties had litigated the action for over 33 months; 2) finding a contractual choice of law provision invoking SD law barred a claim under the Nebraska Wage Claim and Payment Act; or 2) finding a fraudulent inducement claim was inconsistent with a breach of contract claim?