Our Lawyers in Court
Watch, Read, & Listen To Our Firm's Recent State & Federal Oral Arguments
2020
TransCanada v Antelope Appeal
Cain v. Nebraska Tax Equalization Commission
Rodriguez v. Catholic Health Initiatives
- Watch Brian's Oral Argument - 10/2/2020
- Watch Brian's Oral Rebuttal - 10/2/2020
2019
Landowners v TransCanada Pipeline Co.
Goebel. Arps Red-E-Mix, Inc.
Fettig, Kevin.Albrecht Appeal
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
- Domina Law Group was successful back in 2010 when we represented landowners in a case against Waste Management. The Nebraska Court of Appeals and the Supreme Court recently affirmed the repurchase which prompted us to return to court in order to recover compensation for our landowner clients.
- Watch the Oral Argument Part 1
- Watch the Oral Argument Part 2
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
- Case won on appeal.
- View the Court Document (Nebraska Court of Appeals) - 06/27/14
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
- Watch the Oral Argument (Nebraska Supreme Court) - Part 1 - 05/10/13
- Watch the Oral Argument (Nebraska Supreme Court) - Part 2 - 05/10/13
Brian Jorde's Oral Argument in Sexual Assault Case
- Hear Brian Jorde's arguments in a case against American Family Insurance Company involving the sexual assault of a minor child.
- Watch the Oral Argument (Nebraska Supreme Court, 11/8/13)
David Domina's Closing Argument in LB 1161 Challenge
- Hear David Domina's closing argument in the constitutional challenge of LB 1161, the decision that gave Governor Dave Heineman and TransCanada through him the power of eminent domain.
- Watch the Oral Argument (Nebraska Supreme Court, 09/29/13)
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
- Domina Law Clients were induced to invest $1.0 million dollars into a BioFuels Ethanol plant whose promoters made materially false and misleading statements relied upon by the investors to their detriment. Investors sue to recover their lost investment due to violation of promoters' fiduciary duties. A decision is pending.
- Watch the Oral Argument (Nebraska Supreme Court, 03/06/13) - Part 1
- Watch the Oral Argument (Nebraska Supreme Court, 03/06/13) - Part 2
- Watch the Oral Argument (Nebraska Supreme Court, 11/06/14)
- View the Supreme Court Opinion in DMK Biodiesel 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
- Domina Law client sued to dissolve an inactive shell corporation holding multi-million dollar farming and agricultural assets. Funds were embezzled and not repaid and company assets abused by other shareholders making business operations impossible. A decision is pending.
- Watch the Oral Argument (Nebraska Supreme Court, 03/05/13) - Part 1
- Watch the Oral Argument (Nebraska Supreme Court, 03/05/13) - Part 2
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.
- Read the Court of Appeals' Decision Here (1/23/12)
- Producers Livestock Marketing Association vs. Lakeside Feeders, Inc. (8th Circuit Court of Appeals 9/20/11)
2011
Moats v. Republican Party of Nebraska
- Domina Law filed suit for a candidate for the Nebraska Legislature against the Nebraska Republican Party alleging defamation, invasion of privacy for violation of the Nebraska Consumer Protection Act. The Republican Party ran several attack ads claiming the candidate mislead the public with statements he made in a sworn affidavit, thus imputing the candidate committed a criminal act of making false statements under oath.
- Read Supreme Court Decision Here (4/28/11)
- Read Petition for Writ of Certiorari to U.S. Supreme Court Here
- Watch the Oral Argument (Nebraska Supreme Court, 1/6/11)
- Listen to the Oral Argument (Nebraska Supreme Court, 1/6/11)
Producers Livestock Marketing Association v. Peterson
- Read the Court of Appeals' Decision Here (2/15/11)
- Producers Livestock Marketing Association v. Peterson (Nebraska Court of Appeals, 1/25/11)
- Producers Livestock Marketing Association v. Peterson (Nebraska Court of Appeals, 1/25/11)
2010
Lesiak v. Central Valley Ag Cooperative, Inc.
- Domina Law filed suit and went to trial on behalf of Nebraska Farmers who suffered corn crop loss and yield loss due to a Coop’s negligent over-application of herbicides. Domina Law won the appeal.
- Read Supreme Court Decision Here (1/26/12)
- Watch the Oral Argument (Nebraska Supreme Court, 11/5/10)
- Listen to the Oral Argument (Nebraska Supreme Court, 11/5/10)
Behrens v. Blunk
- Domina Law represented the court-appointed receiver as requested by the Securities and Exchange Commission in a legal malpractice suit. Domina Law won the appeal.
- Read Supreme Court Decision Here (12/30/10)
- Watch the Oral Argument (Nebraska Supreme Court, (12/2/10)
- Listen to the Oral Argument (Nebraska Supreme Court, (12/2/10)
In re Trust of Mastny
- Domina Law represented three sisters in a family Trust dispute alleging there was significantly indebted to the siblings parents at the time of their death and therefore such amounts should be retained from the Trust asset distribution. Domina Law won the appeal.
- Read Supreme Court Decision Here (3/4/11)
- Watch the Oral Argument (Nebraska Supreme Court, (12/2/10)
- Listen to the Oral Argument (Nebraska Supreme Court, (12/2/10)
Bridgeport Tractor Parts, Inc. v. Gary's Implement, Inc.
- Domina Law won a seven-figure judgment for client in a business dispute over the sale of its company and a noncompetition agreement. There were two trials and multiple appeals. Domina Law won the two trials and appeal.
- Read Supreme Court Decision Here (4/1/11)
- Watch the Oral Argument (Nebraska Supreme Court, 11/5/10)
- Listen to the Oral Argument (Nebraska Supreme Court, 11/5/10)
Bauermeister v. Waste Management
- Watch the Oral Argument (Nebraska Court of Appeals, 9/15/10)
- Listen to the Oral Argument (Nebraska Court of Appeals, 9/15/10)
Scott v. Khan, 18 Neb App 600
- The Court reversed an award of summary judgment in a medical malpractice case where genuine issues of fact existed concerning whether a psychiatric patient experienced conscious pain and suffering prior to death and the psychiatrist's negligence in prescribing medications tended to cause pain and suffering.
- Watch the Oral Argument (Nebraska Court of Appeals, 9/15/10)
- Listen to the Oral Argument (Nebraska Court of Appeals, 9/15/10)
Moats v. Republican Party of Nebraska
- Read the Nebraska Supreme Court's Decision Here (4/28/11)
- Moats v. Republican Party of Nebraska (Nebraska Supreme Court, 5/26/10)
- Moats v. Republican Party of Nebraska (Nebraska Supreme Court, 5/26/10)
Bauermeister v. Waste Management, Inc.
- Read the Supreme Court's Decision Here (6/18/10)
- Bauermeister v. Waste Management, Inc. (Nebraska Supreme Court, 4/2/10)
- Bauermeister v. Waste Management, Inc. (Nebraska Supreme Court, 4/2/10)
2009
Scott v. Khan
- Read the Court of Appeals' Decision Here (10/13/09)
- Scott v. Khan (Nebraska Court of Appeals, 9/15/09)
- Scott v. Khan (Nebraska Court of Appeals, 9/15/09)
Babel v. Schmidt
- Read the Court of Appeals' Decision Here (3/3/09)
- Babel v. Schmidt (Nebraska Court of Appeals, 12/17/08)
2008
Evans v. Raymond
- Read the Court of Appeals' Decision Here (10/28/08)
- Evans v. Raymond (Nebraska Court of Appeals, 10/15/08)
Scott v. ABC Native American Consulting
- Read the Court of Appeals' Decision Here (9/23/08)
- Scott v. ABC Native American Consulting (Nebraska Court of Appeals, 9/9/08)
McGuire v. U.S.
- Read the Court of Appeals' Decision Here (1/16/09)
- McGuire v. U.S. (United States Court of Appeals for the 9th Circuit, 2/15/08)