Gilbert v. Johnson

Summary

The Nebraska Supreme Court answered a certified question by holding that noneconomic damages are generally unavailable in legal malpractice actions arising from child custody disputes absent physical injury. It held that such damages may be recovered only when the attorney engages in egregious conduct or conduct intended to essentially destroy the parent-child relationship. The court did not decide whether Gilbert could ultimately recover damages on his allegations; it established the governing legal standard for the federal court.