Baker-Heser v. Department of Health and Human Services

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Baker-Heser v. Department of Health and Human Services

Additional Case Names


Case Number
Call Date
May 27, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0758 Natalie Baker-Heser, MD and Stacey Werth-Sweeney (Appellants) v. State of Nebraska and Nebraska Dept. of Health and Human Services

Lancaster County District Court, Hon. Robert R. Otte

Attorneys: David A. Domina (DominaLaw Group, PC LLO, for Appellant); Heidi A. Guttau (Baird Holm, LLP, for Appellees)

Civil: Health Care Facilities Licensure Act; Nebraska Fair Employment Practices Act; Summary judgment; Evidence - Hearsay

Proceedings below: The district court determined that the State did not waive its sovereign immunity for claims brought under the Health Care Facilities Licensure Act (“HCFLA”), and dismissed Appellants’ HCFLA claims. The district court decided that Appellants were not entitled to a jury trial under the Nebraska Fair Employment Practices Act (“NFEPA”) and struck their jury demand. Further, the district court determined that Appellees did not violate the NFEPA in terminating Appellants’ employment and entered judgement accordingly.

Issues on Appeal: Whether the district court erred when it 1) granted summary judgment against both Appellants; 2) received exhibits 14, 22, 31, 34-36, 39-46 and 48 over hearsay objections; 3) struck the second and fifth claims for wrongful termination in violation of Neb. Rev. Stat. § 71-445; and 4) struck the demand for jury trial.

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