The Nebraska Supreme Court issued a gem of a Daubert
opinion in an Accutane case last week, Freeman v. Hoffman-La
Roche, Inc., No. S-17-800, 2018 WL 2296772, at *2 (Neb. May
18, 2018). We don't write much about Nebraska, but
the last time we waxed on about the beauty of the Platte River
Valley, we actually received a few emails. That was when we wrote
last year about the Daubert order that the Nebraska
Supreme Court has now affirmed, in an opinion that is as correct
and straight-headed as the order it was reviewing. Indeed, the
current opinion might actually be the end of this case, which has
been kicking around in the Nebraska state courts amazingly since
the late 1990s.
Nebraska keeps a low profile. Growing up in California, we were
told that Nebraska is in the Midwest. But then we went to college
in New England and learned that Nebraska is just plain
"West," unqualified by any prefix. Sandwiched in between
Colorado and Iowa, we suppose that either moniker could