Budden v. United States

I respectfully dissent.

I would reverse and remand for further proceedings before the district court. I am well aware litigation should be brought to an end and we should be reluctant to remand the same case a second time.1 Nonetheless, if the parties are to receive a fair trial and if Nebraska law is to be correctly applied, further remand is necessary.

The majority opinion not only misapplies settled principles of Nebraska law, it also fails to analyze why the district court found the government’s negligence was not a proximate cause of the helicopter crash.

The majority initially fails to…