183596P.pdf   04/03/2020  Estate of Joyce R. Petersen  v.  William Bitters
   U.S. Court of Appeals Case No:  18-3596
                          and No:  18-3600
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Kelly, Author, with Gruender and Erickson, Circuit Judges] 
   Civil case - Fraud. The court properly instructed the jury on plaintiff's 
   fraud claim against defendant Bitter and the conduct on which the jury 
   verdict was based occurred within the relevant statute of limitations 
   periods;; claim that the estate was not the proper party in interest was 
   not raised on a timely basis and was properly rejected; no error in 
   denying Bitters' motion for a new trial based on claims of evidentiary 
   error and conduct of opposing counsel; the district court did not err in 
   making defendants' liability joint and several as only one recovery could 
   be had for a single injury; the evidence was insufficient to support a 
   claim for pain-and-suffering, and the court did not err in refusing to 
   submit the issue to the jury; the elements of negligence and breach of 
   fiduciary duty are the same under Nebraska law, and the court did not err, 
   here, in determining that submission of both negligence and breach of 
   fiduciary duty would have been duplicative; there was no evidence that 
   Bitters and defendant Boland were partners and the court did not err in 
   granting summary judgment to Boland.