Jackson v. Brotherhood's Relief & Compensation Fund

I. NATURE OF CASE

Gerald Jackson sued Brotherhood’s Relief and Compensation Fund (the Fund), alleging that the Fund breached its agreement to pay him “ ‘Held Out of Service’ ” benefits in the event he was suspended by his employer. Following a trial, a jury found in favor of Jackson. The district court awarded attorney fees and costs to Jackson in addition to the damages found by the jury. The Fund appealed.

II. SCOPE OF REVIEW

In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by such rules; judicial discretion is involved only when the rules…