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Our Lawyers in Court

Watch, Read, & Listen To Recent State & Federal Oral Arguments

2018

Lerette v. Howard

TransCanada.Appeals

2017

Forgey, Marvel.Forgey

Assam.Fredericks Peebles & Morgan LLP

Cain v. Custer County Board of Equalization

Frenchman Cambridge Irrigation District Farmers

Whiteclay Beer Stores

David Domina Appellate Rebuttal: The Place for Carefully Chose, Powerfully Spoken Words

Rodriguez v. Catholic Health Initiatives, et al

Hill v. State of Nebraska

2016

K & H Hideaway, LLC v. Cheloha

State v. O'Connor

Bernbeck v. Gale

2015

Robertson v. Jacobs Cattle Company

Brozek v. Brozek

Estate of Alicia Rea v. City of Omaha, State of Nebraska Department of Roads et al. (04/09/15)

  • Four years after the accident, the City of Omaha, State of Nebraska, and the Rea Family agreed to settle the case. Brian Jorde, the attorney for the Rea family, negotiated a $20,000 payment from the state and a $280,000 payment from the City of Omaha. As a part of the settlement, the city of Omaha agreed to new training programs for city highway maintenance employees, new retrofitting regulations, and procedures to avoid future accidents like the one involving Alicia Rea.
  • Read the Press Release
  • Watch the Video

Bauermeister v. Waste Management of Nebraska, Inc. 03/06/15

2014

Dave Domina's Oral Argument: Thompson v. Heineman

U.S.S. Hazard, Inc. and John Portera v. City of Omaha Zoning Board of Appeals

Abbott v. Brennemann, 288 Neb 389 (06/27/14)

  • Domina Law Group's client, a second generation trustee of a trust owning stock in a closely-held corporation, sued for an accounting by the trustees. She proved no accounting had been made, but was unable to quantify damages to the trust. An argument that IRS Forms K-1 constituted accounting was rejected.
  • The Supreme Court held that where a trustee fails to perform a duty and suit is necessary by a beneficiary to establish the breach of duty, but the beneficiary is unable to prove damages, nonetheless, the beneficiary is entitled to claim, under relevant statutes, and recover attorneys' fees because the burden of enforcing the trustee's duty has been born by the beneficiary.

2013

Dave Domina Oral Argument: Robertson v. Jacobs Cattle Company

Brian Jorde's Oral Argument in Sexual Assault Case

David Domina's Closing Argument in LB 1161 Challenge

In re-Estate of Sheen

  • Domina Law Group Clients, three Trustees of a Family Trust, requested permission to sell 640 acres of farm and pasture ground and to distribute the cash proceeds to the three beneficiary siblings that have been in litigation against each other for twenty years in attempt to end the fighting. Two Beneficiaries objected and requested the Court distribute the land in undivided interests. Decision on Appeal is pending.
  • Watch the Oral Argument (Nebraska Court of Appeals, 04/10/13)

DMK Biodiesel LLC v. McCoy

Banks v. Heineman

  • Domina Law Clients Knox County Taxpayers and Knox County itself sue to declare a special interest tax unconstitutional. The state statute grants a seven-figure tax credit to repay a single taxpayer, a Wind Farm, to the detriment of all other Knox County taxpayers. Domina Law won the trial and the State of Nebraska and Governor Heineman appealed. Knox County cross appealed. A decision is pending.
  • Watch the Oral Argument (Nebraska Supreme Court, 03/05/13)

Wiles v. Wiles

Robertson v. Jacobs Cattle Company

  • Domina Law clients, partners in a closely held multi-million dollar Cattle and Farming company, won at trial on its claims other partners wrongly unitized partnership assets without compensating the partnership, failed to pay rents, and on its requests to determine the capital account ownership interests in the partnership. Issues of dissociation and dissolution of the partnership were also tried. A decision is pending.
  • Watch the Oral Argument (Nebraska Supreme Court, 01/09/13)

2012

Behrens v. Blunk, 284 Neb 454 (2012) (Prior decision, 280 Neb 984 (2010)

  • This case held that the constitutional privilege against self-incrimination under the Fifth Amendment applies to discovery in civil actions. The Nebraska Supreme Court held that a civil litigant who invokes the Fifth Amendment privilege may not be sanctioned because the party fails to obey an order to provide or permit discovery on Fifth Amendment grounds under Neb Ct R Disc § 6-337(b)(2). The Court in this case also held there is no constitutional right to have civil proceedings stayed pending the outcome of a criminal investigation, but the Supreme Court will "require trial courts to balance the competing needs of the parties under their inherent power to do justice."
  • Accordingly, the Supreme Court adopted the federal standard holding that before a trial court dismisses an action because the plaintiff invokes the Fifth Amendment in response to discovery requests, it must first (1) balance the parties' interests and (2) consider whether a less dramatic remedy could accommodate the plaintiff's privilege against self-incrimination and maintain fairness to the defendant
  • Watch the Oral Argument (Nebraska Supreme Court, 09/06/12)

Akkad v. Nebraska Heart Institute, PC

US Federal Criminal Sentencing Hearing

Producers Livestock Marketing Association v. Lakeside Feeders, Inc.

2011

Moats v. Republican Party of Nebraska

Producers Livestock Marketing Association v. Peterson

2010

Lesiak v. Central Valley Ag Cooperative, Inc.

Behrens v. Blunk

In re Trust of Mastny

Bridgeport Tractor Parts, Inc. v. Gary's Implement, Inc.

Bauermeister v. Waste Management

Scott v. Khan, 18 Neb App 600

Moats v. Republican Party of Nebraska

Bauermeister v. Waste Management, Inc.

2009

Scott v. Khan

Babel v. Schmidt

2008

Evans v. Raymond

Scott v. ABC Native American Consulting

McGuire v. U.S.

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