Overview Experience Case Studies Thought Leadership Outside the Office Community Leadership

David A. Lopez

Associate

Omaha
office: 402.964.5097
fax: 402.964.5050

email: dave.lopez@huschblackwell.com

Overview Experience Case Studies Thought Leadership Outside the Office Community Leadership

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Overview

Dave guides clients through a wide range of complex public law litigation in state and federal courts.

Clients appreciate Dave’s experience serving in Nebraska’s Attorney General’s Office as Assistant Attorney General and as the state’s first Deputy Solicitor General; in the Civil Litigation Bureau; and in the Agriculture, Environment and Natural Resources Bureau. In these roles, he routinely handled high-profile matters at the trial and appellate levels in both state and federal courts including:

Civil rights
Tort claims
Environmental enforcement
Constitutional litigation
Public records disputes

Dave understands how regulatory agencies think – having helped develop and implement policy and guide governmental regulatory activities – and offers this insight to clients as they proactively approach compliance or navigate investigations. He is valued as a collaborator, strategist, communicator and advocate by clients and legal teams.

Industry

Real Estate, Development & Construction

Services

Appellate

Environmental

Government Compliance, Investigations & Litigation

Government Solutions

Litigation & Alternative Dispute Resolution

Public Law

Education

J.D., University of Nebraska College of Law
- Order of Barristers
- National Moot Court Competition regional semifinalist
- Allen Moot Court Competition best oral advocate and best brief
B.A., University of Nebraska at Omaha
- Real Estate and Land Use Economics
- Rho Epsilon Real Estate Fraternity

Admissions

Nebraska
U.S. Supreme Court
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, District of Nebraska
U.S. District Court, District of North Dakota
U.S. District Court, Southern District of Iowa

Professional Associations and Memberships

Federal Bar Association, Nebraska Chapter
Federalist Society
Nebraska State Bar Association

Experience

Successfully represented the Nebraska Public Service Commission in defense of its approval of the Keystone XL oil pipeline.
On issue of first impression before the Nebraska Supreme Court, successfully established that correctional officers are equivalent to "law enforcement officers" for purposes of asserting state sovereign immunity under the Nebraska State Tort Claims Act.
Member of federal trial team that successfully defended Nebraska's funeral picketing law against challenge brought by the Westboro Baptist Church.
On issue of first impression before the Nebraska Supreme Court, successfully established that the misrepresentation exception to the Nebraska State Tort Claims Act is not limited to commercial activities and can also apply in the purely personal injury context.
Obtained reversal on interlocutory appeal of district court's denial of qualified immunity to Nebraska State Trooper in civil rights lawsuit by arrestee who claimed his roadside detention to await a drug dog violated the Fourth Amendment. Authored a successful brief in opposition to petition for further review in U.S. Supreme Court.
Obtained favorable federal jury verdict in Fair Labor Standards Act claim by state employee alleging multiple years of unpaid overtime.
In consolidation of several actions by disappointed bidders for the State of Nebraska's multi-billion dollar integrated Medicaid administration contracts, obtained favorable denial of plaintiffs' requests for a preliminary injunction of the winning contracts' implementation and to force a re-bidding of the entire procurement.
Obtained reversal on interlocutory appeal of district court's denial of qualified immunity to group of state corrections officials and medical personnel in lawsuit by inmate who alleged federal civil rights and medical malpractice violations regarding his housing conditions and care for posttraumatic stress disorder.
Obtained pleadings-stage dismissal of state employee's claim in the Nebraska Commission of Industrial Relations (the state's industrial disputes tribunal) for lack of subject matter jurisdiction.
Represented state department of environmental quality in an enforcement action against a municipality's non-functioning, New Deal-era wastewater treatment facility. Structured a solution-oriented consent decree that enabled the municipality to take appropriate steps to obtain funding to overhaul the facility and bring it into compliance.

Outside the Office

Dave climbs fourteeners.

Dave has climbed 15 of Colorado’s 54 “fourteeners” – mountains over 14,000 feet high.

Community Leadership

Aksarben Floor Committee
Habitat for Humanity, Global Village Mission, Portugal, 2016
Creighton Preparatory School, Young Alumni Board, 2013-2016
Mercy Housing, Omaha Advisory Board, 2011-2013