Skip to Main Content
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:

  • Public entity and public official defense
  • Section 1983 civil rights claims
  • Tort claims
  • Environmental enforcement
  • Constitutional litigation
  • Public records disputes

Dave maintains a robust appellate practice, counseling clients through all stages of appeals including briefing and oral argument. He has argued more than 20 civil appeals before the U.S. Court of Appeals for the Eighth Circuit, the Nebraska Supreme Court and the Nebraska Court of Appeals, obtaining favorable results in the overwhelming majority of those cases. He has a unique perspective on the importance of strategic amicus curiae support in the appellate process, having advised the Nebraska Attorney General on the state’s amicus participation and authorship in courts across the country.

He 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.


Industry

Services

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.
Thought Leadership
News Releases
View all
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