944 N.W.2d 514
Neb.2020Background
- Nebraska Supreme Court issued an opinion in Lanham v. BNSF Railway Co.; Alexander Lanham filed a motion for rehearing.
- Lanham pointed out that the opinion and the district court cited Neb. Rev. Stat. § 21-19,152 (Reissue 2012), a statute applicable to nonprofit corporations.
- BNSF is a for-profit (foreign) corporation; the correct statutory provision for for-profit foreign corporations is Neb. Rev. Stat. § 21-2,209 (Cum. Supp. 2018).
- The Court found the two statutes substantially identical on the relevant points (registered office and registered agent/consent by registration).
- The Court modified its prior opinion to substitute § 21-2,209 for § 21-19,152 in the syllabus, background, and the analysis subsection “Consent by Registration,” withdrawing and replacing specific paragraphs.
- The motion for rehearing was overruled; the opinion was modified only to correct the statutory citation and the remainder of the opinion remains unchanged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Incorrect statutory citation | Lanham: the court/district court cited a nonprofit statute (§ 21-19,152), which does not govern for-profit BNSF | BNSF: the nonprofit and for-profit statutes are substantially identical; citation error is harmless | Court: citation was incorrect; substituted § 21-2,209 and overruled rehearing; no substantive effect |
| Consent by registration (jurisdiction) | Lanham: registration statute supports consent to suit in Nebraska | BNSF: applicable registration statute (for-profit) likewise supports the court’s jurisdictional analysis | Court: prior conclusion on consent by registration stands; only statutory citation corrected |
Key Cases Cited
- Lanham v. BNSF Railway Co., 305 Neb. 124 (Neb. 2020) (supplemental opinion correcting statutory citation; no substantive change)