213263P.pdf   02/10/2023  R.A.D. Services LLC  v.  State Farm Fire & Casualty Co.
   U.S. Court of Appeals Case No:  21-3263
                          and No:  21-3264
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Per Curiam - Before Benton, Kelly, and Erickson, Circuit 
   Judges] 
   Civil case - Insurance. Contractors were assigned claims by State Farm's 
   insureds after the insurer failed to make repair payments; under Nebraska 
   law, an assignee does not have standing to assert a first-party bad faith 
   claim against an insurer; the form used by those parties who hired 
   plaintiff Millard did not assign the company the right to pursue a 
   post-loss insurance claim; untimely filing of exhibits violated the 
   district court's local rules, and it did not abuse its discretion in 
   striking them; under Nebraska law, the written terms of the assignments 
   from the homeowners to the contractors were insufficient to create a valid 
   assignment of rights; the contractors' claim that oral agreements with the 
   homeowners provided the additional information necessary to create a valid 
   agreement is rejected as the contractors failed to establish a genuine 
   issue of material fact whether their assignments with the homeowners were 
   sufficiently definite and certain as to their terms and requirements to be 
   enforceable.