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MILLENNIUM LABORATORIES, INC. v. WARD

No. S-13-826.

289 Neb. 718

MILLENNIUM LABORATORIES, INC., ET AL., APPELLANTS, v. BRIAN WARD, AN INDIVIDUAL, APPELLEE.

Supreme Court of Nebraska.

Filed December 19, 2014.

Attorney(s) appearing for the Case

James P. Fitzgerald and Patrick E. Brookhouser, Jr. , of McGrath, North, Mullin & Kratz, P.C., L.L.O., and Lance A. Etcheverry and Jessica N. Walker , of Skadden, Arps, Slate, Meagher & Flom, L.L.P., for appellants.

Michael T. Hilgers and Carrie S. Dolton , of Gober Hilgers, P.L.L.C., and Heather A. Boice and Michael R. Osterhoff , of Perkins Coie, L.L.P., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

I. NATURE OF CASE

In 2013, as part of ongoing litigation between Ameritox, Ltd., and Millennium Laboratories, Inc. (Millennium), a U.S. district court in Florida (Florida court) denied Millennium's motion for leave to amend its second amended counterclaims to Ameritox's third amended complaint. Subsequently, Millennium and two...

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