Who We Are

Our Lawyers

Meet the lawyers who will be working on your case. With more than 50 years of collective experience, we have much to offer you, including awards, accolades and nominations that cannot be matched.

Our Lawyers

Case Results

Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

In The News

Our Lawyers
in the Media

At Domina Law Group we are fortunate to work on fascinating and compelling legal problems and lawsuits that change laws and affect our country – Media across the US and across the borders agree. Read stories and watch videos of our cases and with our lawyers.

Attorney Referrals

Our firm has a reputation as leaders in complex litigation.

Get the best result possible by partnering with us.

Our legal skills have been utilized in some of the most specialized and complicated cases. These cases were often referred to us by other professionals in the field. We honor and respect lawyers and other professionals who choose to refer complex cases to our law firm.

We have paid millions in fees to our co-counsel. Call us.

Contact Us

Contact Us Today

Send Your Message

Trial is legal surgery, the narrowest specialty, and it requires unique skills. Our clients want our service and hope they never need it again- like surgery.

Nebraska Supreme Court Hears First Impression Case Involving Trusts

The Nebraska Supreme Court heard oral arguments on March 7, 2014 in a case likely to create new standards governing the conduct of trustees, and the rights of trust beneficiaries in Nebraska. In re Rolf Brenneman Trust, originally decided by the Court of Appeals in a published decision, 21 NebApp 353, is being reconsidered by the Supreme Court.

Dave Domina, the lawyer for Trust Beneficiaries, asked the Supreme Court to review the Court of Appeals case. Domina's position is that the Court of Appeals made three decisions requiring reconsideration by the Supreme Court:

The Court of Appeals followed the traditional rule that a trust beneficiary is entitled to an accounting from a trustee upon establishing basic proof that no accounting has been rendered. But the Court of Appeals then expanded the law beyond previous limits by holding that where a trustee lacks data with which to make an accounting, a presumption arises that the trustee acted in good faith.

Having created the presumption of good faith, the Court of Appeals held that the beneficiary of a trust, who inherently lacks records or information because it is exclusively in the trustee's possession, must prove irregular conduct by the trustee to overcome the newly-created presumption.

In a case involving no documents except simplistic, incomplete IRS Forms K-1, the Court of Appeals held that the K-1s were adequate to constitute an accounting. Noting that an IRS Form K-1 only discloses the amount of income distributed to a trust beneficiary, and says nothing about the trust's assets, liabilities, or total income, Domina asked the Supreme Court for a reconsideration of this holding.

"The decision in this case will affect thousands of trusts, and tens of thousands of people, estate plans, and family business plans, across Nebraska," Domina said.

"We believe the Nebraska Trust Code creates or confers rights on trust beneficiaries, and imposes duties on trustees. It creates no presumptions in favor of trustees, and we contend it never imposes upon a trust beneficiary the duty to prove a fact that relies entirely on evidence within the trustee's control."

A decision is expected early in the summer of 2014.

Comments

No Comments Posted

How Can We Help You?

Tell us about your case.

Send Your Message