David A. Domina

David A. Domina formed the firm in 1975. He is virtually unparalleled for his diverse and extensive trial experience. Mr. Domina is one of a handful of American lawyers to have won a jury verdict for more than $1 billion. He has also successfully defended criminal capital cases. Few lawyers have had either experience. Virtually none have had both.

Mr. Domina's extensive trial experience involves complex litigation in national, regional and local proceedings. He has tried complex civil and criminal cases, including class actions, homicide, product liability, wrongful death and serious injury, and a wide variety of complex commercial cases. Mr. Domina's appearances have taken him to courts across America. He has appeared in court in 43 out of 50 states. He has tried over 350 cases to verdict. His total trial experience includes more than a thousand suits.

Mr. Domina has:

• Won a jury verdict of more than $1.26 billion on behalf of cattlemen against the nation's largest slaughterhouse for market manipulation.
• Won a multi-million dollar class action for shareholders of a publicly traded insurance company.
• Won 9 out of 9 homicide trials.
• Tried over 350 cases to verdict.
• Argued over 250 State and Federal Appeals.
• Argued to declare invalid an entire estate property tax regime.
• Argued to declare invalid a major public improvement bid letting for violating public meeting laws.
• Argued to establish an essential element of the law of implied warranties.
• Argued to establish limits for contractual rights to restrict recourse for consumers.
• Represented attorneys in disciplinary proceedings.
• Published and spoken extensively among his peers in numerous settings

Read About David Domina In The News

• Trial Practice
• Complex Litigation
• Complex Appeals
• Business & Commercial Litigation
• Wrongful Death
• Anti-Trust
• Personal Injury & Products Liability for Plaintiffs
• Criminal Defense
• Agriculture Law-Litigation
• Class Action Prosecution

Watch and Listen to David Domina's Recent State & Federal Oral Arguments

Scaletta, Carl.Will Contest

• Watch Dave's Oral Argument- 11/30/22
• Watch Dave's Oral Rebuttal- 11/30/22

Estate of Trevor Dion v. City of Omaha

• Watch Dave's Oral Argument - 3/1/22
  Wrongful death lawsuit. City of Omaha police officers negligently shot and killed a COPS TV Show crew member while on scene of a suspected burglary as an invited guest of the Omaha Police Department.

Cain v. Nebraska Tax Equalization Commission

• Watch Dave's Oral Argument - 3/6/20
• Watch Dave's Oral Rebuttal - 3/6/20

Goebel. Arps Red-E-Mix, Inc.

• Watch Dave's Oral Argument - 4/17/19
• Watch Dave's Oral Rebuttal - 4/17/19

Fettig, Kevin.Albrecht Appeal

• Watch Dave's Oral Argument
• Watch Dave's Oral Rebuttal

TransCanada v. PSC Intervention

• Watch Dave's Oral Argument

Lerette v. Howard

• Watch Dave's Oral Argument

TransCanada Appeals

• Watch Dave's Oral Argument

Forgey, Marvel.Forgey

• Watch Dave’s Oral Argument
• Watch Dave’s Rebuttal

Assam.Fredericks Peebles & Morgan LLP

• Watch Dave’s Oral Argument
• Watch Dave’s Rebuttal

Cain v. Custer County Board of Equalization

• Watch Dave's Oral Argument
• Watch Dave's Rebuttal

Frenchman Cambridge Irrigation District Farmers

• Watch Dave's Oral Argument
• Watch Dave's Rebuttal

Whiteclay Beer Stores

• Watch Dave's Oral Argument

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

• Watch Dave's Oral Argument Rebuttal

Hill v. State of Nebraska

• Watch Dave's Oral Argument Opening
• Watch Dave's Oral Argument Rebuttal

K & H Hideaway, LLC v. Cheloha

• Listen to the Audio File

State v. O'Connor

• Watch the Oral Argument Part 1
• Watch the Oral Argument Part 2

Bernbeck v. Gale

• Listen to the Oral Argument

Robertson v. Jacobs Cattle Company

• Watch the Oral Argument
• Read the NE Supreme Court Decision

Brozek v. Brozek

• Watch the Oral Argument

Thompson v. Heineman

• Watch the Oral Argument

Robertson v. Jacobs Cattle Company

• Watch the Oral Argument
• Watch the Oral Argument

DMK Biodiesel LLC v. McCoy

• Watch the Oral Argument (Nebraska Supreme Court, Part 1)
• Watch the Oral Argument (Nebraska Supreme Court, Part 2)
• Watch the Oral Argument (Nebraska Supreme Court)

Banks v. Heineman

• Watch the Oral Argument (Nebraska Supreme Court)

Wiles v. Wiles

• Watch the Oral Argument (Nebraska Supreme Court, Part1)
• Watch the Oral Argument (Nebraska Supreme Court, Part 2)

Robertson v. Jacobs Cattle Company

• Watch the Oral Argument (Nebraska Supreme Court)

Behrens v. Blunk

• Watch the Oral Argument (Nebraska Supreme Court)

Akkad v. Nebraska Heart Institute, PC

• Watch the Oral Argument (Nebraska Court of Appeals)

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
• Watch the Oral Argument (Nebraska Supreme Court)
• Listen to the Oral Argument (Nebraska Supreme Court)

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
• Read Petition for Writ of Certiorari to U.S. Supreme Court Here
• Watch the Oral Argument (Nebraska Supreme Court)
• Listen to the Oral Argument (Nebraska Supreme Court)

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
• Watch the Oral Argument (Nebraska Supreme Court
• Listen to the Oral Argument (Nebraska Supreme Court

In re Trust of Mastny

Domina Law represented three sisters in a family Trust dispute alleging they were 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
• Watch the Oral Argument (Nebraska Supreme Court
• Listen to the Oral Argument (Nebraska Supreme Court

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
• Watch the Oral Argument (Nebraska Supreme Court)
• Listen to the Oral Argument (Nebraska Supreme Court)

Bauermeister v. Waste Management

• Watch the Oral Argument (Nebraska Court of Appeals)
• Listen to the Oral Argument (Nebraska Court of Appeals)

Scott v. Khan

• Watch the Oral Argument (Nebraska Court of Appeals)
• Listen to the Oral Argument (Nebraska Court of Appeals)

Beckwith v. Beckwith

• Beckwith v. Beckwith (Nebraska Court of Appeals)
• Beckwith v. Beckwith (Nebraska Court of Appeals)

Midwest Health Partners v. Sheriff

• Midwest Health Partners v. Sheriff (8th Circuit Court of Appeals)

Moats v. Republican Party of Nebraska

• Moats v. Republican Party of Nebraska (Nebraska Supreme Court)
• Moats v. Republican Party of Nebraska (Nebraska Supreme Court)

The Estate of Johnson

• The Estate of Johnson (Nebraska Supreme Court)
• The Estate of Johnson (Nebraska Supreme Court)

Bauermeister v. Waste Management

• Bauermeister v. Waste Management (Nebraska Supreme Court)
• Bauermeister v. Waste Management (Nebraska Supreme Court)

Fry v. Fry

• Fry v. Fry (Nebraska Court of Appeals)
• Fry v. Fry (Nebraska Court of Appeals)
• Fry v. Fry Decision

Scott v. Khan

• Scott v. Khan (Nebraska Court of Appeals)
• Scott v. Khan (Nebraska Court of Appeals)

Tolliver v. Visiting Nurse Association of the Midlands

• Tolliver v. Visiting Nurse Association of the Midlands (Nebraska Supreme Court)

Skyline Woods Homeowners Association, Inc. v. Broekemeier Paisley, LLC v. Liberty Building Corporation

• Skyline Woods Homeowners Association, Inc. v. Broekemeier Paisley, LLC v. Liberty Building Corporation (Nebraska Supreme Court)

Dominguez v. Eppley Transportation Services, Inc.

• Dominguez v. Eppley Transportation Services, Inc., (Nebraska Supreme Court)

Babel v. Schmidt (Nebraska Court of Appeals)

• Babel v. Schmidt (Nebraska Court of Appeals)

Yoder v. Cotton

• Yoder v. Cotton (Nebraska Supreme Court)

Koch, et al. v. Freeholder Board

• Koch, et al. v. Freeholder Board (Nebraska Supreme Court)

Evans v. Raymond

• Evans v. Raymond (Nebraska Court of Appeals)

The Estate of Johnson

• The Estate of Johnson (Nebraska Supreme Court)

Skyline Woods, et al. v. Broekemeier, et al.

• Skyline Woods, et al. v. Broekemeier, et al. (Nebraska Supreme Court)

United States v. Kalymon

• United States v. Kalymon (United States Court of Appeals for the 6th Circuit)
• Watch Kalymon Discovery Channel Video Here

Liberty Capital v. MUD

• Liberty Capital v. MUD (Nebraska Supreme Court)

Kacin v. Bel Fury

• Kacin v. Bel Fury (Nebraska Court of Appeals)

Hitchcock Foundation, et al. v. Kountze, et al

• Hitchcock Foundation, et al. v. Kountze, et al (Nebraska Supreme Court)

McGuire v. U.S.

• McGuire v. U.S. (United States Court of Appeals for the 9th Circuit)

Pennfield Oil Company v. Winstrom

• Pennfield Oil Company v. Winstrom (Nebraska Supreme Court)

In Re: Application Scott

• In Re: Application Scott (Nebraska Supreme Court)

Eicher v. Mid America

• Eicher v. Mid America Financial (Nebraska Supreme Court)

Representative Cases

• Bauermeister v. Waste Management Co., 783 N.W.2d 594 (2010).
• Scott v. Kahn, 18 Neb.App. 600 (2010).
• Sheriff v. Midwest Health Partners, 619 F.3d 923 (2010).
• Gary’s Implement v. Bridgeport Tractor Parts, Inc., 702 N.W.2d 355 (2009).
• Babel v. Schmidt, 765 N.W.2d 227 (2009).
• Bellino v. McGrath North Mullin & Kratz, PC LLO, 274 Neb. 130, 738 N.W.2d 434 (2007).
• Neiman v. Tri R. Angus, Inc., 274 Neb. 252, 739 N.W.2d 182 (2007).
• Nebraska Legislature ex rel. State v. Hergert, 271 Neb. 976, 720 N.W.2d 372 (2006).
• Gilbert M. and Martha H. Hitchcock Foundation v. Kountze, 272 Neb. 251, 720 N.W.2d 31 (2006).
• Pennfield Oil Co. v. Winstrom, 272 Neb. 219, 720 N.W.2d 886 (2006).
• Roth v. Wiese, 271 Neb. 750, 716 N.W.2d 419 (2006).
• Ranchers Cattleman Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture, 415 F.3d 1078, 27 ITRD 1570, 35 Envtl. L. Rep. 20,152 (9th cir 2005).
• Pickett v. Tyson Fresh Meats, Inc., 420 F.3d 1272, 2005-2 Trade Cases P 74,897 (11th Cir 2005).
• Kraft v. St. John Lutheran Church of Seward, Neb., 414 F.3d 943, 67 Fed. R. Evid. Serv. 940 (8th Cir. 2005).
• Racicky v. Farmland Industries, Inc., 328 F.3d 389, 33 Envtl. L. Rep. 20,190, 61 Fed. R. Evid. Serv. 318 (8th Cir. 2003).
• National American Ins. Co. v. CenTra, Inc., 151 F.3d 780 (8th Cir. 1998).
• Acme Investment, Inc. v. Southwest Tracor, Inc., 105 F.3d 412 (8th Cir. 1997).
• McIlheran v. Lincoln Nat. Life Ins. Co., 31 F.3d 709 (8th Cir. 1994).
• Jaksha v. State, 486 N.W.2d 858 (Neb. 1992).
• Becker v. U.S., 968 F.2d 691 (C.A.8 (Neb.) 1992).
• Crowley v. McCoy, 449 N.W.2d 221 (Neb. 1989).
• PWA Farms, Inc. v. North Platte State Bank, 371 N.W.2d 102 (Neb. 1985).
• Nixon v. Harkins, 369 N.W.2d 625 (Neb. 1985).
• Nixon v. Madison County Agr. Soc., 348 N.W.2d 119 (Neb. 1984).
• Peterson v. North American Plant Breeders, 354 N.W.2d 625 (Neb. 1984).
• State v. Douglas, 349 N.W.2d 870 (Neb. 1984).

Published Works

• Eminent Domain & For-Profit Energy Companies: Avoiding Unrest with Landowners, The Nebraska Lawyer, January/February 2015
• Trial: The Real Alternative Dispute Resolution Method!, Voir Dire Magazine, Winter 2011
• The Insider's Guide to the Nebraska Appellate Courts, American Bar Association Appellate Practice Compendium, ABA Publishing, 2010
• The Debilitating Effects of Concentration on Markets Affecting Agricultural Products, USDA 2009
• Sell Your Product, Not Next Guy's, Nebraska Farmer Magazine, April, 2009
• How to Protect Your Forward Price, Nebraska Farmer Magazine, March, 2009
• WHAT IS THE BAILOUT BILL?, The Nebraska Lawyer, November/December 2008
• Effective Oral Argument: Thoughts on Appellate Advocacy, The Nebraska Lawyer, April, 2006
• The Trial Judge’s Role in Nebraska Appellate Jurisdiction Neb Judges, in Convention, 2006
• Domina, Proving Anti-Competitive Conduct in the U.S Courtroom The Plaintiff's Argument in Pickett v. Tyson Fresh Meat, Inc., Journal of Agriculture and Food Industrial Organizations, No.8, 2004
• Slowiaczek & Domina, The Equitable Distribution of Farms, Journal American Academy Matrimonial Lawyers, No. 2, 2004
• Julia is a Federal Juror, Voir Dire Magazine, Autumn, 2004
• Domina, Discovery in Complex Dissolution Cases, Nebraska State Bar Association, October, 2003
• Domina, It Is Time for Antitrust to Come to the Prairie, The Nebraska Lawyer, December, 2002
• Trial of Large Livestock Nuisance Cases; Preventive Practice and Practicalities, Midwest Pork Producers, September, 2001
• Voir Dire in an Urban Setting, NATA, October, 2001
• Schafersman v. Agland Coop, A Summary, NATA, October, 2001
• Objection! A Powerful Word!, Prairie Barrister, December, 2000
• Closing Argument - Law & Presentation, NATA, October, 2000
• Medical Examinations - Limitations, Prairie Barrister, July, 2000 Medical Examinations and Rule 35, Prairie Barrister, September, 1999
• The Impeachment of Andrew Johnson, Voir Dire Magazine, Fall, 1999
• Opening Statements - Law & Presentation, NATA, October, 1998
• Medical Examinations - Techniques for Combating Abuses, NATA, July, 1998
• Ethical Dilemmas in Daily Practice (Guest), University of Nebraska College of Law, Summer, 1997
• Orientation to the Legal Profession (Guest), University of Nebraska College of Law, Autumn, 1997
• Trial; A Primer, National Institute of Legal Education, 1996
• Commercial Transactions & Litigation Risks, Voice Magazine, 1996
• Closing Argument - Technique & Sincerity, Nebraska State Bar, 1995
• Masters in Trial, American Board of Trial Advocates, 1995
• Preventing and Trying Nuisance Claims, Nutrena, 1994
• Nuisance Law and Livestock Producer's Risks, Nebraska Cattlemen's Association, 1994
• Expert Witness Direct & Cross Examination, NATA, October, 1993
• UCC Issues for Grocers, Voice Magazine, 1993
• Jones v. Clinton, Appellate Advocacy, National Institute of Legal Education, 1993
• Masters in Trial, American Board of Trial Advocates, 1991
• Interviews, Beauty Contests, and Client Counsel Selection, American Bar Association Convention, 1989
• Comparative Negligence, A Plaintiff's Perspective, Rural Nebraska Bar Convention, 1988
• Disappearance & Defense, CBS, 60 Minutes (2 Segments), 1988
• Leadership and the Law, Nebraska Youth Leadership Counsel, 1987
• Products Liability Trial and Practice, Nebraska State Bar, 1985
• Trial Demonstration & Techniques, NATA, October, 1984
• Report to the Citizens of Nebraska on Public Officials & Their Conduct - Failure of Commonwealth Savings, December, 1983
• Appellate Review of Workers Compensation Cases, Nebraska Law Review, 1972

View David Domina's complete resume here and check out his interview in Attorney at Law Magazine.

Bar Admissions

• Nebraska, 1973
• Missouri, 1973
• New York, 1995
• Michigan, 1999
• U.S. District Court District of Nebraska, 1973
• U.S. District Court Western District of Missouri, 1973
• U.S. District Court Eastern District of New York, 1995
• U.S. District Court Western District of New York, 1995
• U.S. District Court Northern District of New York, 1995
• U.S. District Court Southern District of New York, 1995
• U.S. District Court District of Arizona, 1995
• U.S. District Court District of Kansas, 2013
• U.S. Court of Appeals 6th Circuit, 2006
• U.S. Court of Appeals 8th Circuit, 1974
• U.S. Court of Appeals 9th Circuit, 2005
• U.S. Court of Appeals 10th Circuit, 1991
• U.S. Court of Appeals 11th Circuit, 2004
• U.S. Court of Appeals Federal Circuit, 2007
• U.S. Tax Court, 1974
• U.S. Court of Federal Claims, 1997
• U.S. Supreme Court, 1996

Education

• University of Nebraska College of Law, Lincoln, Nebraska, 1972
• Honors: Order of the Coif
• Honors: Order of Barristers
• Honors: With Distinction
• Honors: Member, National Moot Court Team, 1971-1972
• Honors: Member, National Finalist Debate Team Undergraduate, 1972
• Law Review: Nebraska Law Review, Associate Editor, 1972

Classes/Seminars Taught

• Speaker, Eminent Domain- Nebraska Easement Action Team (N.E.A.T.), Many NE Locations 2011-2012
• Speaker, Independent Cattlemen of Nebraska Annual Convention, October, 2010
• Speaker, Nebraska State Bar Association (NSBA) Labor & Employment Section, September, 2010
• Speaker, Department of Justice & USDA Workshop, August, 2010 - Watch clips of David Domina here.
• Keynote Speaker, Organization for Competitive Markets (OCM) Annual Convention, St. Louis, MO, August, 2009
• Speaker, American Bar Association (ABA) Appellate Conference, May, 2009
• Cited in Forbes Magazine, January 7, 2008
• Speaker, Fundraiser for Koch et al. v. Freeholder Board, 2008
• Speaker, Nebraska Judicial Resources Commission, 2008
• Speaker, Litigation Symposium, Birmingham, MI, 2007
• Speaker, Nebraska Appellate Judges Seminar, 2007
• Speaker, Creighton Law School, Judge Irwin’s Appellate Advocacy Class, 2007
• Speaker, First United Methodist Church, 2007
• Speaker, Nebraska Judicial Networking Coalition, 2007
• Speaker, Knox County [NE] Partnership Dinner, 2007
• Presenter, Paper: Changing Methods for Changing Clients and Times, Nebraska Association of Trial Attorneys, 2005
• Paper & Lecture: International Meat Trade Issues, Salzburg, Austria, November, 2004
• Presenter, Paper: Defining Competition in US Courtrooms, University of Nebraska, Lincoln, 2004
• Invited Presentation, Wyoming Trial Lawyers Association, Cody, WY, June, 2003
• Invited Presentation, Livestock Marketing Association, Ogallala, NE, June, 2003
• Unfair Competition in Highly Concentrated Ag Markets, R Calf Annual Conference, 2002
• Price Manipulation and Vertical Integration, paper and presentation, Invited Attorneys' Conference, 2002
• Lecturer, Trial Practice Matters, Nebraska Bar Association , 2002
• Key Note Speech, Organization for Competitive Markets, WY Stock Growers Association, Douglas, WY State Fair, August, 2002
• Texas Cattle Feeders Association & Organization for Competitive Markets, Amarillo, TX, July, 2002
• Livestock Crisis Meeting Speaker, R-CALF & Organization for Competitive Markets, Omaha, NE, May, 2002
• Developments in Nebraska Law - Government, Municipalities Schools, Civil Procedure, Annual Presentations, 1973 - 1982
• Guest Sermon, UUA General Convention, 1995
• Guest Sermon, UUA Midwest Convention, 1996
• Guest Sermons, Numerous Protestant Church Occasions

Honors and Awards

• AV® Rated at Age 26, Martindale-Hubbell®
• Premier Lawyer's List, Martindale-Hubbell®
• "Sermon of the Year" Award, Unitarian Universalist Association of America
• Voted Top 10 Nebraska Super Lawyers®

Professional Associations and Memberships

• American Board of Trial Advocates - Diplomat
• Association of Trial Lawyers of America
• Nebraska Association of Trial Attorneys
• Missouri State Bar
• New York State Bar
• Michigan State Bar
• University of Nebraska College of Law, Alumni Association, 1982 - 1984
• Nebraska State Bar Association - Ethics Committee
• Nebraska State Bar Association - Practice & Procedure Committee
• Eighth Circuit Court of Appeals - Gender Fairness Committee
• American Bar Association - Small Law Firm Committee
• American Bar Association - Torts & Insurance Committee
• American Trial Lawyers Association - Products Liability Committee
• University of Nebraska College of Law - Centennial Celebration Alumni of Representative, Decade of 1970s

Past Employment Positions

• Candidate for Governor, 1986
• Stanton County, Special Litigation Counsel, 1984
• Thurston County, Special Litigation Counsel, 1984
• Nebraska Board of Education Lands and Funds, 1983 - 1986
• State Economic Development Council, Commissioner
• Commonwealth Savings Insolvency, Acting Attorney General, 1983 - 1984
• Cuming County, Special Litigation Counsel, 1980
• Madison County, Special Litigation Counsel, 1977
• State of Nebraska, Special Acting Attorney General (Impeachment Proceedings, Attorney General of Nebraska), 1984
• Judge Advocate General Corps, United States Army & Army Reserve, Captain, Defense Counsel, 1973 - 1979

Pro Bono Activities

• Death Penalty Defense & Habeas Corpus
• Defense of Accused State Legislator
• Defense of Accused Judge
• Defense of Numerous Lawyers in Disciplinary Matters
• Capital and Life Incarceration Defenses

Ancillary Businesses

• Expert Witness, Approximately 15 Appearances