Wheelbarger v. Detroit Diesel

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Wheelbarger v. Detroit Diesel

Case Number
Call Date
November 3, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0556 Shawn Wheelbarger (Appellant) v. Detroit Diesel, ECM, LLC, a Michigan Limited Liability Company, and Mike Rodriguez, doing business as M & C Distributing (Appellees) 

Petition for Further Review from the Nebraska Court of Appeals on appeal thereto from the District Court for Buffalo County, Judge John H. Marsh

Attorneys: Jared J. Krejci, (Smith, Johnson, Allen, Connick & Hansen for appellant) and no appearances from Appellees. 

Civil: Personal Jurisdiction and Dismissal

Proceedings Below: The trial court sustained Appellees’ Special Appearance and a Motion to Dismiss, which was affirmed by the Nebraska Court of Appeals.  Appellant petitioned the Nebraska Supreme Court for further review, which was sustained, and the Supreme Court transferred this case to its docket for further review.

Issues: On petition for further review, Appellant makes the following assignments of error:  1) The Court of Appeals erred in failing to correctly apply the standard of review by looking at the facts in the light most favorable to Wheelbarger and resolving all factual conflicts in favor of Wheelbarger; and 2) The Court of Appeals erred in it concluding that Nebraska courts lacked jurisdiction over the Michigan Appellees due to an overreliance on or misapplication of the Zippo test.

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