Attorney Ryan Douglas Caldwell's Legal Cases

Family

Mann v. Rich, 18 Neb.App. 849, 794 N.W.2d 183 (2011)

Jan 01, 2011

OUTCOME: Success-The Court of Appeals remanded to the trial court stating the trial court erred by not accepting more recent evidence and that providing temporary custody pending a modification trial was in error

In this matter, the client was awarded custody based on a previous successful appeal, however, the trial court temporarily placed custody with other parent pending trial. Trial did not occur for nearly ... 2 years at which time, the trial court indicated it would only hear evidence that occurred prior to the initial trial, some 3 years previously.

Bankruptcy and debt

Ryan v. Hatcher, 435 B.R. 615 (Bankr.Neb. 2010)

Feb 25, 2010

OUTCOME: Success-Nebraska Bankruptcy Court held that daughter committed defalcation of her fiduciary duty to client and ruled the debt non-dischargeable.

Client was incapacitated and court appointed daughter to serve as conservator. While conservator, daughter misappropriated client's money and sold his house without court approval. Client sued daughter ... , but she subsequently filed for bankruptcy asking that any debt owed to client be wiped away. Client objected by filing an Adversary Proceeding in Bankruptcy Court

Family

Donscheski v. Donscheski, 17 Neb.App. 807, 771 N.W.2d 213 (2009)

Jul 28, 2009

OUTCOME: Success-Court of Appeals remanded stating that trial court erred by not allowing child to testify and client was not required to prove advance burden to remove out of state because the father previously agreed to removal in the first agreement

Divorced parents entered into a modification agreement allowing joint physical custody and allowing mother to move out of state. Both parties filed another modification requesting primary custody of th ... e child and mother additionally requesting to move the child permanently out of state. The trial court did not allow the child to testidy and denied the modification stating no material change in circumstances existed.

Family

Mann v. Rich, 16 Neb.App. 848, 755 N.W.2d 410 (2008)

Jul 15, 2008

OUTCOME: Favorable Result-reversed and remanded

Client was harmed by not having notice of modification proceeding. I favorably argued that Defendant failed to notify Client of the proceedings and that the trial court erred by concluding that Client ... did based upon pro se opposition's affirmative response that he did provide notice.

Personal injury

Dam v. Life Insurance Co. of North America, (Case No. 05-4200 U.S. 8th Circuit Court of Appeals)

Nov 30, 2006

OUTCOME: Unsuccessful-8th Circuit held that ERISA safe harbor provisions didn't apply to client and denied benefits.

Client was injured at work requiring surgery on one eye. Following surgery, client suffered complications and lost the vision in one eye. Client made claim for employee benefits, but was denied. He fil ... ed suit for claims and the trial court denied them. He then appeals to the U.S. Eighth Circuit Court of Appeals arguing the trial court erred by denying that he was not entitled to benefits under ERISA.

Ryan Douglas Caldwell's Legal Cases (5)

Mann v. Rich, 18 Neb.App. 849, 794 N.W.2d 183 (2011)

Ryan v. Hatcher, 435 B.R. 615 (Bankr.Neb. 2010)

Donscheski v. Donscheski, 17 Neb.App. 807, 771 N.W.2d 213 (2009)

Mann v. Rich, 16 Neb.App. 848, 755 N.W.2d 410 (2008)

Dam v. Life Insurance Co. of North America, (Case No. 05-4200 U.S. 8th Circuit Court of Appeals)