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David A. Domina

David A. Domina Photo
David A. Domina Founding Lawyer

About

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 actionshomicideproduct liabilitywrongful 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

Areas of Practice

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

Scaletta, Carl.Will Contest

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

Goebel. Arps Red-E-Mix, Inc.

Fettig, Kevin.Albrecht Appeal

TransCanada v. PSC Intervention

Lerette v. Howard

TransCanada Appeals

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

Hill v. State of Nebraska

K & H Hideaway, LLC v. Cheloha

State v. O'Connor

Bernbeck v. Gale

Robertson v. Jacobs Cattle Company

Brozek v. Brozek

Thompson v. Heineman

Robertson v. Jacobs Cattle Company

DMK Biodiesel LLC v. McCoy

Banks v. Heineman

Wiles v. Wiles

Robertson v. Jacobs Cattle Company

Behrens v. Blunk

Akkad v. Nebraska Heart Institute, PC

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.

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.

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.

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.

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.

Bauermeister v. Waste Management

Scott v. Khan

Beckwith v. Beckwith

Midwest Health Partners v. Sheriff

Moats v. Republican Party of Nebraska

The Estate of Johnson

Bauermeister v. Waste Management

Fry v. Fry

Scott v. Khan

Tolliver v. Visiting Nurse Association of the Midlands

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

Dominguez v. Eppley Transportation Services, Inc.

Babel v. Schmidt (Nebraska Court of Appeals)

Yoder v. Cotton

Koch, et al. v. Freeholder Board

Evans v. Raymond

The Estate of Johnson

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

United States v. Kalymon

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.

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

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
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