Representative Cases and Legal Matters

Melissa Alvarado, Parent, Natural Guardian, and Next Friend of M.A., and M. A., a minor Child, v. Gail Collins-Bazant, in both her Individual and Official Capacities, and Madison County, Nebraska, U.S. District Court for the District of Nebraska, 4:19CV3075 (2019).

This was a Section 1983 lawsuit filed by a disgruntled parent. She sued a county official and the county directly for issues related to the removal of her child from her custody. Our Motion to Dismiss was granted.

Withrow, et al. v. Regional West Medical Center, Nicholas Mizelle, Deborah Mizelle, Mallory Mizelle, Marci Mizelle, County of Scottsbluff, Nebraska, United States of America, and State of Nebraska, U.S. District Court for the State of Nebraska, 8:18cv469 (2018), appealed to Eighth Circuit Court of Appeals, 19-1818 (2019).

This was a Section 1983 lawsuit filed by the natural father and his parents against a hospital, County, the State of Nebraska, and the United States. They were challenging a series of decisions made by Arizona state courts which awarded custody to the family of the child’s natural mother. Our Motion to Dismiss was granted. The Withrows filed an appeal in the Eighth Circuit Court of Appeals. Our Motion for Summary Disposition was granted.

Haller, et al. v. Charles Thibedeau and County of Dundy, Nebraska, 4:19-cv-03028 (2019).

This case was filed against the County and the County Sheriff’s Office. Mr. Thibedeau assaulted the Plaintiff. The Plaintiff alleged that the County was somehow negligent in hiring or supervising Mr. Thibedeau. This case was removed to federal court, where the Section 1983 claims were dismissed. The state law based negligence claims were subsequently dismissed by the State District Court.

State of Nebraska, ex rel. Douglas J. Peterson, Attorney General v. Goodwill Industries, Inc. and Goodwill Specialty Services, Inc., CI 18-5747 (2018).

This was a well-publicized case I handled while working at the Nebraska Attorney General’s Office. The Omaha World-Herald broke a number of stories alleging financial mismanagement at Goodwill Omaha. I led the two year investigation, reviewed tens of thousands of documents, participated in dozens of depositions, and drafted the Report of the Investigative findings. I also drafted official guidance for nonprofit organizations.

State of Nebraska, ex rel. Douglas J. Peterson, Attorney General v. General Motors Company, Inc., CI 17-3945 (2017).

Teresa Malone, et al. v. Kantner Ingredients, et al., 4:12 cv 3190 (2016).

In re Estate of Evertson, 295 Neb. 301 (2016).

Jenkins, et al. v. Pech, 8:14 cv 41 (2016).

Zaporowski v. City of Omaha, et al., 4:11 cv 205 (2011).

Hyke v. Ohio National Life Insurance Company, 8:10 cv 263 (2011).

Iske Place Buyout

I was hired by more than a dozen displaced homeowners who lived in a development just outside of Bellevue along the Missouri River. Their homes had been badly damaged by flooding and they were being prevented from rebuilding or repairing those homes. I negotiated a multi-million dollar buyout with FEMA, NEMA, Sarpy County, the City of Bellevue, the Papio Missouri River NRD, and the Nebraska Environmental Trust that provided the affected homeowners with pre-flood value for their homes.