Nebraska Supreme Court Affirms Judgment

On December 7, 2012, the Nebraska Supreme Court affirmed a Judgment obtained by the Locher Pavelka firm on behalf of its client Egenera, Inc. against InterCall, Inc., arising out of minimum conference fees which InterCall charged in connection with audio conferencing services provided to Egenera, a Massachusetts corporation.  Evidence at trial reflected that these minimum conference fees were not disclosed during contract negotiations and that Egenera had never agreed to pay such charges.  Egenera sued InterCall under theories of fraudulent misrepresentation and material misrepresentation and successfully obtained a Judgment against InterCall following a jury trial.  The Supreme Court addressed the “theory of recovery” vs. “cause of action” distinction and further held that material misrepresentation is indeed a viable theory of recovery in Nebraska.  The case is InterCall, Inc. v. Egenera, Inc., 284 Neb. 801 (2012).  To see the Court's complete opinion, click here.