S-25-0243 The Bar at the Yard, LLC (Appellant) v. Friends Family, LLC and Yin Family, LLC (Appellees)
Appeal from the District Court for Lancaster County, Judge Kevin R. McManaman
Attorneys: Diana Vogt, Robert Sherrets, and Guillermo Martinez (Sherrets Bruno & Vogt, LLC for Appellant) and Ronald Krause, Michael Huffer, and Samuel Brower (Cassem, Tierney, Adams, Gotch & Douglas for Appellees)
Civil: Tortious interference with business contract or business expectancy
Proceedings below: Appellant operated a bar and was a party to a contract that limited competition. Appellant alleges that Appellees intentionally violated that contract, which caused Appellant to incur financial loss. The district court granted Appellees’ motion for summary judgment. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns that the following errors: 1) The court erred in granting the Appellees’ motion for summary judgment; A) The court erred in not recognizing that Friends Family’s interference in Longwells’ lease rights was tortious; B) The court erred in considering Family Friends an ordinary competitor of Longwells; C) The court erred in failing to recognize the unfair competition arising from the confusion of Longwells’ customers; D) The court erred in failing to recognize that a party who wrongfully enables or causes a breach of contract between other parties is liable for tortious interference; E) The court erred in finding the record contained insufficient evidence to show Friends Family’s conduct was unjustified; and 2) The court erred in excluding evidence which affected a substantial right.