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Brian C. Buescher

United States District Court for the District of Nebraska Appointed by Donald J. Trump (Republican) 16 signed orders read

How Judge Buescher decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

On summary judgment he is reluctant to take fact-laden tort questions from the jury. In a Nebraska strict-products-liability case he held that whether the product was 'unreasonably dangerous' and whether the plaintiff was a 'sophisticated user' were jury questions, denying the defendant's MSJ. If your opposition raises a genuine factual dispute on a state-law tort element, expect denial.

“The question of whether wet concrete is 'unreasonably dangerous' under a strict liability theory is a question of fact for the jury to decide.”

He polices issue preclusion strictly: a prior judgment forecloses an issue only if it was 'actually litigated' and necessarily decided. A state-court ruling that resolved ownership did not preclude a separate special-benefits-offset issue. Do not overclaim the preclusive reach of a prior judgment.

“That issue was not actually litigated, directly addressed, or necessarily included in the special assessment lawsuit.”

Procedural preferences

Applies Daubert's 'fit' requirement rigorously and will exclude an otherwise-credentialed expert whose expertise does not match the specific subject matter at issue, even cutting against the party that offered them. Make sure your expert's demonstrated area of competence squarely covers the opinions offered.

“Simon has failed to establish that Daily possesses sufficient specialized knowledge to qualify as an expert on the issues he seeks to opine about in this case.”

On a Sec. 1983 claim against a supervisor he requires allegations of the official's own personal involvement (Iqbal), and he applies Cummings/Barnes to bar emotional-distress damages under the ADA and Rehabilitation Act. Plead individual conduct for each defendant, and do not seek emotional-distress damages under those statutes.

“a plaintiff must plead that each Government-official defendant [including supervisors], through the official's own individual actions, has violated the Constitution.”

Cautions

He notices and remarks on sloppy or mislabeled filings and repeated meritless motion practice. A defendant's 'undivided fee' summary-judgment argument drew the label 'meritless,' and a 'Partial Motion' caption drew a footnote rebuke. File clean, properly captioned, non-repetitive motions.

“The 'undivided fee' argument SID 596 presents in support of its summary judgment motion is meritless.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Ryan Davis and Anthony Crane v. Simon Contractors, Inc.
8:19-cv-00246-BCB-MDN · 2021-04-12
Motion in limine (plaintiffs) Granted

“Plaintiffs' motion to exclude the testimony of Jay Daily, Filing 52, is granted;”

Motion in limine (defendant) Granted

“Defendant's motion to exclude the testimony of Dr. Nathan Mayercsik, Filing 54, is granted; and”

Summary judgment (defendant) Denied

“Defendant's Motion for Summary Judgment, Filing 50, is denied.”

The Rock Place II, Inc. v. Sanitary and Improvement District No. 596
8:20-cv-00304-BCB-RCC · 2022-09-30
Summary judgment (plaintiff) Denied

“Rock Place's Motion for Partial Summary Judgment, Filing 136, is denied; and”

Summary judgment (defendant) Denied

“SID 596's Motion for Summary Judgment, Filing 139, is denied.”

J.P. v. State of Nebraska (consolidated with M.D. v. State of Nebraska, 4:21cv3315)
4:22-cv-03095-BCB-RCC · 2022-09-28
Motions to dismiss (defendant) Granted

“IT IS ORDERED that the September 6, 2022, Partial Motion [sic] to Dismiss Second Amended Complaint by Defendants in Case No. 4:21cv3315, Filing 40, is granted.”

National Indemnity Company v. Allianz Global Risks U.S. Insurance Company and Viad Corporation
8:23-cv-00322-SMB-RCC · 2024-01-22
Motions to dismiss (defendant) Denied

“IT IS ORDERED that Defendant Viad Corp's Motion to Dismiss, Filing 19, is denied.”

Roth et al. v. Austin et al.
8:22-cv-03038-BCB-MDN · 2022-05-18
Preliminary injunction (plaintiffs) Denied

“IT IS ORDERED that Plaintiffs' March 18, 2022, Motion for Preliminary Injunction, Filing 20, is denied.”

Automatic Equipment Manufacturing Company v. Danko Manufacturing, LLC
8:19-cv-00162-BCB-MDN · 2021-09-08
Motion in limine (plaintiff) Granted

“Accordingly, Blue Ox's Motion in Limine, Filing 77, is granted.”

Motion in limine (plaintiff) Granted

“the Court grants Blue Ox's Motion in Limine. Filing 79.”

Motion in limine (defendant) Denied

“the Court denies Danko's five motions in limine, and denies Blue Ox's motion to strike as moot.”

Motions to strike (defendant) Denied

“denies Defendant's Motion to Strike, Filing 108.”

Walkinshaw et al. v. CommonSpirit Health f/k/a Catholic Health Initiatives et al.
4:19-cv-03012-BCB-SMB · 2022-10-06
Class certification (plaintiffs) Granted

“Upon consideration of Plaintiffs' Motion for Class Certification and Preliminary Approval of Settlement, Filing 318, and the relevant parts of the record, the Motion is GRANTED”

Heimann v. University of Nebraska Medical Center et al.
8:18-cv-00128-BCB-SMB · 2020-05-12
Motion for reconsideration (plaintiff) Denied

“IT IS ORDERED: (1) Plaintiff's Motion for Reconsideration, Filing 33, is denied.”

Carter v. Douglas County, Nebraska and John Ewing
8:22-cv-00422-BCB-RCC · 2023-05-26
Motions to dismiss (defendants) Granted

“IT IS ORDERED: 1. Defendants' Motion for Partial Dismissal, Filing 11, is granted; and 2. Patricia J. Carter's Equal Protection Claim is dismissed.”

A.W. v. Nebraska Medical Center and Mark Dietrich, M.D.
8:19-cv-00342-BCB-SMB · 2020-05-05
Motions to strike (defendant) Denied

“Mark Dietrich's Motion to Strike, Filing 37, is denied;”

Motions to dismiss (defendant) Granted

“Nebraska Medical Center's Motion to Dismiss, Filing 40, is granted; A.W.'s claims against Nebraska Medical Center for vicarious liability, tortious conduct and fraudulent concealment are dismissed with prejudice.”

Benson v. City of Lincoln et al.
4:18-cv-03127-BCB-MDN · 2023-08-18
Daubert motion (defendants) Denied

“Defendants' Motion to Exclude the Testimony of Plaintiff's Designated Expert, Dr. Tellefsen, Filing 421, is denied; and”

Daubert motion (defendants) Granted

“Defendants' Motion to Exclude the Testimony of Plaintiff's Designated Expert, Amy Oppenheimer, Filing 425, is granted. Testimony of Amy Oppenheimer will not be permitted at trial.”

Plaintiffs v. Douglas County et al. and City of Omaha et al.
8:20-cv-00412-BCB-MDN · 2021-06-07
Motions to dismiss (defendants) Granted

“The Motion to Dismiss, Filing 69, filed by Defendants Douglas County, Timothy Dunning, and Adi Pour is granted as follows: a. Plaintiffs' Amended Complaint as to the County Defendants is dismissed without prejudice;”

Motions to dismiss (defendants) Granted

“The Motion to Dismiss, Filing 73, filed by Defendants Scott Buresh, Elizabeth Butler, City of Omaha... is granted as follows: ... b. The Ninth Cause of Action, promissory estoppel, is dismissed with prejudice; and c. The First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Tenth Causes of Action are dismissed without prejudice;”

Put Judge Buescher's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Buescher actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Buescher's own signed orders and cites them.