LB1100 expands corporate immunity, threatens access to justice for Nebraska families

(Press release)

LINCOLN, Ne. — For 158 years, Nebraskans have relied on their constitutional right to trial by jury to hold wrongdoers accountable and protect their families. That right is now under direct attack by insurance companies and the trucking industry—and most Nebraskans don’t even realize it.

Last Thursday, the Judiciary Committee advanced LB1100 to the floor of the Nebraska Legislature. As amended, LB1100 is a sweeping corporate immunity bill that creates new liability shields, restricts access to the courts, weakens accountability, and shifts the cost of wrongdoing onto Nebraska families and taxpayers.

“Our system is working exactly as it should—giving Nebraskans access to the courts and a jury of their peers,” said Jennifer Turco Meyer, President of the Nebraska Association of Trial Attorneys. “Powerful corporate interests have convinced lawmakers to restrict access to our courts and diminish the role of our juries. Now that we see what is actually in LB1100, it is clear—this bill is about profits over people, which is a dangerous way to govern.”

LB1100 makes sweeping changes with real consequences for Nebraska families and taxpayers. Among its most concerning provisions:
Hides the real cost of medical care. The bill explicitly hides the true cost of medical care from juries, resulting in insurance companies paying less and leaving families and medical providers to pay more. It also makes future medical costs difficult—if not impossible—to recover, leaving victims either without the care they will need for the rest of their lives, or with taxpayers footing the bill for the harm caused by a wrongdoer. LB1100 gives reckless drivers and their insurance companies a built-in way to minimize even serious injuries—like traumatic brain injuries—by pointing to low medical bills and arguing there is little pain and suffering.

Caps accountability in trucking cases. The bill imposes a $5 million cap on pain and suffering damages—even in cases involving catastrophic injury or death — and applies that cap with no exception for egregious conduct like drunk driving or reckless speeding. Judges must override jury verdicts that exceed the cap.

Creates corporate immunity in toxic exposure and asbestos cases. The bill raises burdens of proof and imposes special pleading rules that make it significantly harder for victims with life-threatening conditions to pursue claims—delaying justice for people who may not live long enough to see it.
Shortens the time to seek justice. The bill reduces the statute of limitations from four years to three, cutting off claims before many victims fully understand their injuries and forcing a race to the courthouse instead of allowing time for treatment and resolution.

“This bill rewrites the rules to benefit corporate defendants at every stage of a case,” said Elizabeth Govaerts, Legislative Chair for NATA. “It limits what juries can hear, restricts what they can award, and in some cases prevents victims from ever getting into court. That is not justice—it is protection for powerful interests.”

“And Nebraskans will pay the price,” Meyer added. “When corporations and reckless drivers aren’t held accountable, the costs don’t disappear—they are pushed onto Nebraska families, healthcare providers, and taxpayers. Nebraskans need to speak up now. Call your senator and tell them to vote no on LB1100.”

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The Nebraska Association of Trial Attorneys is dedicated to defending the constitutional rights of Nebraskans to have their day in court. NATA has multiple clients who are available for interviews to discuss the impacts LB 79 would have on Nebraskans every day.