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COMMUNITY CARE HEALTH PLAN v. JACKSON

No. S-23-681.

9 N.W.3d 404 (2024)

317 Neb. 141

COMMUNITY CARE HEALTH PLAN OF NEBRASKA, INC., doing business as Healthy Blue, a Nebraska domestic corporation, appellee, v. Jason JACKSON, in his official capacity as director of the Nebraska Department of Administrative Services, et al., appellants.

Supreme Court of Nebraska.

Filed July 19, 2024.

Attorney(s) appearing for the Case

Michael T. Hilgers, Attorney General, Zachary A. Viglianco, Eric J. Hamilton, and John J. Schoettle, for appellants.

Andre R. Barry and Jessica K. Robinson, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, and James A. Washburn, William M. Droze, and Christopher R. Healy, of Troutman Pepper Hamilton Sanders, L.L.P., for appellee.

Heavican, C.J., Cassel, Stacy, Funke, and Freudenberg, JJ.

INTRODUCTION

Neb. Rev. Stat. § 25-1902(1)(d) (Cum. Supp. 2022) provides that an order denying a motion for summary judgment is a final, appealable order when such motion is based on the assertion of sovereign immunity or the immunity of a government official. This case raises the question of whether a motion for summary...

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