Domina Law Group Select "Changing the Law" Cases

Domina Law Group’s extensive trial and appellate practice has permitted our lawyers to present novel legal questions, and compelled judicial resolution of those questions in areas that have significantly changed the law.

Our efforts in this regard range from:

• A prominent contribution to a dialog leading to congressional hearings and regulatory changes affecting agricultural markets
• A state supreme court decision declaring an entire component of a state’s overall tax structure, its property tax affecting and funding political subdivisions, unconstitutional and requiring the legislature to return to the legislative process and correct its mistakes
• Adoption of new standards for the presentation of expert testimony
• Declaration that implied warranties of fitness and merchantability do not require transactions between parties in privity with one another
• Establishment of standards of conduct for corporate directors and officers, and methods for their judicial removal from office
• The impeachment of a constitutional officer and the indictment of another on articles of impeachment with a resulting state supreme court vote of four for impeachment, three for acquittal, resulting in the officer’s retention of office under a state constitution standing requiring five votes to impeach
• Service as amicus curiae counsel for a large coalition of a public interest groups representing nearly one in six Americans in an important food safety litigation

Some examples of Domina Law Group cases involving changes in the law, large and small, appear below:

• Bauermeister v. Waste Management of Nebraska - 03/06/15
• DMK Biodiesel v. McCoy - 285 Neb 974 (2013)
• Babel v. Schmidt - 17 Neb. App 400, 765 N.W.2d 227 (2009)
  • (extending riparian property rights to owners of islands)
• Bellino v. McGrath North - 274 Neb. 130, 738 N.W.2d 434 (2007)
  • (legal malpractice)
• Crowley v. McCoy - 234 Neb. 88, 449 N.W.2d 221(1989)
  • (declaring non-recourse real estate sales contracts enforceable)
• Frank v. Lockwood - 275 Neb. 735, 749 N.W.2d 443 (2008)
  • (measure of damages for accountant malpractice arising from income tax return preparation)
• Gilbert M. and Martha H. Hitchcock Foundation v. Kountze - 272 Neb. 251, 720 N.W.2d 31 (2006)
  • (jurisdiction in cases involving charitable foundation)
• Kraft v. St. John Lutheran Church of Seward - Neb., 414 F.3d 943, 67 Fed. R. Evid. Serv. 940 (8th Cir. 2005)
• Koch v. Cedar Co Freeholder Board - 276 Neb. 1009, 759 N.W.2d 464 (2009)
  • (school consolidation)
• Neiman v. Tri-R Angus Ranch - 274 Neb. 252, 739 N.W.2d 182 (2007)
  • (standard of proof for involuntary removal of corporate direction)
• Peterson v. North American Plant Breeders - 218 Neb. 258, 354 N.W.2d 625 (1984)
  • (holding privity of contract is not required for implied warranties of merchantability to be enforceable)
• Racicky v. Farmland Industries - 328 F.3d 389, 33 Envtl. L. Rep. 20,190, 61 Fed. R. Evid. Serv. 318 (2003)
  • (measure of damages in dairy loss cases)
• Roth v. Wiese - 271 Neb. 750, 716 N.W.2d 419 (2006)
  • (defining tort of outrage’s elements)
• Schafersman v. Agland Coop - 262 Neb. 215, 631 N.W.2d 862 (2001)
  • (adopting new standards for expert testimony)

Every lawyer is proud of making contributions changing the law in favorable ways. Contact us today.