Great Plains Diagnostics, LLC v. Boyd

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Great Plains Diagnostics, LLC v. Boyd

Case Number
Call Date
December 6, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

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?

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