Awards & Recognition
Fraser Stryker Attorneys Included in 2023 Edition of The Best Lawyers in America®
Pat has extensive experience in complex civil litigation, primarily as defense counsel in matters that involve commercial litigation, intellectual property, class action, and insurance coverage issues.
Pat’s litigation experience has involved cases in state and federal courts, both in Nebraska and across the country. Pat has handled mediations, arbitrations, jury trials, and bench trials, as well as civil appeals in state and federal court.
Prior to joining Fraser Stryker, Pat served a two-year term as a law clerk for the Honorable Lyle E. Strom, Senior United States District Judge for the District of Nebraska.
Pat is a Past President of the Omaha Bar Association.
Significant Recent Cases
- Obtained dismissal of class action claims alleging wage violations based on flawed expert report
- Obtained summary judgment on class action claims alleging violations of Seller-Assisted Marketing Plan Act and Consumer Protection Act
- Obtained summary judgment on client’s claims against insurer for breach of duty to defend and indemnify client in wrongful death lawsuit
- Obtained dismissal of decedent-estate’s wrongful death claim for negligent hiring and supervision based on lack of legal duty
- Obtained judgment on the pleadings on IT vendor’s claim against State of Nebraska for breach of implied covenant of good faith and fair dealing
- Obtained summary judgment on class allegations against transportation company for alleged violations of Nebraska and California wage and hour laws involving compensation for meal and rest breaks
- Appointed by District Court to act as Special Master in discovery dispute
- Obtained summary judgment on negligent hiring/supervision/training claims based on derivative nature of claims
- Appointed by District Court to represent special prosecutor to defend claims alleging civil rights violations and wrongful death
- Represented eight Nebraska football players in a lawsuit against The Big Ten Conference related to the 2020 fall sports season
- Obtained dismissal of federal antitrust claims under Sherman Act and Robinson-Patman Act brought against animal nutrient company
- Obtained favorable settlement of claims brought by Federal Trade Commission alleging deceptive Internet marketing of online business opportunity program
- Obtained dismissal of tortious interference and breach of contract case and defeated motion for temporary restraining order regarding possession of online assets created by client
- Obtained favorable settlement against book publisher for client alleging copyright infringement of ACT test prep materials
- Obtained judgment in excess of $1.8 million against investment fund manager who defrauded investor and embezzled funds
- Recovered real estate property purchased with funds stolen from client
- Acted as local counsel in patent infringement action involving pharmaceutical product
- Obtained order enjoining client’s former employer from enforcing overbroad covenant-not-to-compete provision in employment agreement
- Represented insurer in UIM case, where Nebraska Court of Appeals affirmed trial court’s order dismissing case for discovery violations by plaintiff
- Represented business owner in premises liability case, where Nebraska Court of Appeals affirmed trial court’s order granting summary judgement in favor of business owner
- Represented construction company which prevailed at trial and successfully asserted counterclaim for unpaid invoice.
- Obtained dismissal at pleading stage in favor of real estate manager in property damage and personal injury lawsuit involving house explosion
- Obtained favorable jury verdict on counterclaims following ten-day jury trial in business dispute involving alleged breach of contract, misappropriation of trade secrets, and antitrust violations
- Obtained summary judgment in premises liability case based on property owner’s lack of notice of alleged dangerous condition in building foyer
- Obtained dismissal of insurer’s breach of contract action based on lack of personal jurisdiction
- Obtained dismissal of insurer’s declaratory judgment claims under CGL policy regarding contribution/indemnity for significant property damage claims
- Defeated motion for preliminary injunction in large commercial dispute alleging theft of trade secrets, copyright infringement, tortious interference, breach of contract, and other various business torts
- Successfully secured court order requiring that derogatory content be immediately removed and de-indexed from the Internet
- Obtained summary judgment in favor of investment company principal in derivative action alleging breach of contract, breach of fiduciary duty, and fraudulent misrepresentation and concealment
- Obtained defense verdict in favor of investment company following three week jury trial on derivative action claims alleging breach of contract, fraudulent misrepresentation, fraudulent concealment, and breach of fiduciary duty
- Obtained dismissal of insurer’s breach of contract action against builder
- Obtained dismissal of patent infringement lawsuit based on lack of personal jurisdiction
- Obtained dismissal of insurer’s collection action based on counterclaim alleging breach of policy and alleging vagueness of policy
- Obtained defense verdict following two-week jury trial involving multiple train derailments with damage claims of approximately $5 million
- Obtained summary judgment in favor of commercial property owner on premises liability claims alleging personal injuries caused by defective elevator
- Obtained summary judgment for television entertainer and musician on defamation and breach of contract claims
- Successfully prosecuted declaratory judgment and five-day jury trial seeking declaration of non-coverage based on intentional act exclusion
- Obtained summary judgment in favor of telecommunications company in action involving alleged breach of contract and application of tariffs
- Obtained summary judgment in favor of homeowners on slip-and-fall claim asserted by passer-by
- Obtained summary judgment in favor of utility company on contractor’s claims involving breach of contract
- Obtained summary judgment in favor of insurer in declaratory judgment action involving intentional act exclusions in homeowner’s insurance policy
- Obtained dismissal of homeowner clients in copyright infringement cases involving alleged copying of house plans
- Obtained summary judgment on defamation, invasion of privacy, nuisance, negligent infliction of emotional distress, and trespass claims pursuant to immunity provided by Communications Decency Act
- Obtained summary judgment in favor of attorney in legal malpractice case based on statute of limitations defense
- Obtained defense verdict in favor of individual defendant in motor vehicle accident jury trial
- Obtained defense verdict on breach of contract claims arising out of alleged breach of Asset Purchase Agreement in connection with sale of business
- Obtained dismissal of civil rights case brought against county sheriff
- Obtained dismissal of civil rights case brought against out-of-state credit union
Court Decisions
- Petrone v. Werner Enterprises, No. 8:11-CV-401, No. 8:12-CV-307, 2023 U.S. Dist. LEXIS 4416 (D.Neb. 2023)
- Ordosgoitti v. Werner Enterprises, No. 8:20-CV-421, 2022 U.S. Dist. LEXIS 53463 (D.Neb. March 4, 2022)
- Werner v. United Speciality Ins. Co., No. 8:20-CV-164, 2022 U.S. Dist. LEXIS 58727 (D.Neb. March 30, 2022)
- Kimbrough v. Gorham, No. 8:21-CV-35, 2021 U.S. Dist. LEXIS 192224 (D.Neb. Oct. 5, 2021)
- Wipro v. State of Nebraska, Case No. CI 19-676
- Abasca v. Werner Enterprises, No. 8:4-CV-319, No. 815-CV-287, No. 8:17-CV-145, No. 8:20-CV-227, 2021 U.S. Dist. LEXIS 261683 (D.Neb. June 1, 2021)
- State Farm Fire & Cas. Co. v. TFG Enterprises, 308 Neb. 460, 954 N.W.2d 899 (2021)
- Newstar Sourcing and Service, LLC v. Consumer Supply Distributing, LLC, Case No. 8:19CV226 (D.Neb. Oct. 22, 2019)
- Crabar/GBF, Inc. v. Wright, 2019 U.S. Dist. LEXIS 144917, 2019 WL 4016122 (D.Neb. Aug. 26, 2019)
- Edge in College Preparation, LLC v. Peterson’s Nelnet, LLC, 2019 U.S. Dist. LEXIS 133460, 2019 WL 3754445 (D.Neb. Aug. 8, 2019)
- Partonto v. Wilkinson, Case No. CI 19-4663 (Douglas Co. Dist. Ct. July 19, 2019)
- LinPepCo v. Lakers, Case No. CI 18-4469 (Douglas Co. Dist. Ct. Feb 8, 2019)
- Johnson v. World Wide Warranty Life Services, Inc., Case No. CI 19-378 (Douglas Co. Dist. Ct. Jan. 17, 2019)
- Tunga-Lergo v. Rebarcak, 2018 Neb. App. LEXIS 63, No. A-17-351 (2018)
- Applied Underwriters, Inc. v. SEB Services, 297 Neb. 246 (2017)
- Klug v. Watts Regulator Co., 2016 U.S. Dist. LEXIS 16915 (D.Neb. Dec. 7, 2016)
- Gless v. Dritely Properties, LLC, Case No. 14 – 8158 (Douglas Co. Dist. Ct. Sept. 23, 2016)
- Adams v. Manchester Park, LLC, 291 Neb. 978, 871 N.W.2d 215 (2015)
- Continental Cas. Co. v. Greater Omaha Packing Co., 2015 U.S. Dist. LEXIS 80549 (D.Neb. June 22, 2015)
- Balames v. Ginn, 290 Neb. 682, 861 N.W.2d 684 (2015)
- Infogroup, Inc. v Database LLC, 95 F.Supp.3d 1170 (D.Neb. 2015)
- Union Pacific R. Co. v. Progress Rail Services Corp., 778 F.3d 704 (8th Cir. 2015)
- State Farm Fire and Casualty Co. v. Dantzler, 289 Neb. 1, 852 N.W.2d 918 (2014)
- Packard v. Darveau, 759 F.3d 897 (8th Cir. 2014)
- Credit Bureau Services, Inc. v. Experian Information Solutions, Inc., 285 Neb. 526 (March 22, 2013)
- Gro Master, Inc. v. Farmweld, Inc., 2013 WL 275607 (N.D.Iowa Jan.24, 2013)
- Packard v. Darveau, 2012 WL 6086889 (D.Neb. Dec. 6, 2012)
- Rural Media Group, Inc. v. Siedlik, (Douglas County Dist. Ct. Nov. 3, 2011)
- Smarter Technologies Corp. v. Level 3 Communications, LLC, (Tenn. May 20, 2011)
- WorldCare Ltd. Corp. v. World Ins. Co., 2011 WL 1770445 (D.Neb. May 9, 2011)
- Schoemaker v. Sullivan, Case No. 8:09CV441 (D.Neb. May 20, 2010)
- Sadler Electric, Inc. v. OPPD, Doc. 1084 No. 846 (Douglas County District Court, Feb. 2, 2010)
- Chimney Rock Public Power Dist. v. Tri-State Generation and Transmission Ass’n, Inc., 2010 WL 3328262 (D.Neb. 2010)
- State Farm Fire & Casualty Co. v. Messinger, Case No. CI09-199 (Cass County District Court, 2009)
- Plan Pros v. Torczon, 2009 WL 2840552 (D.Neb. Sept. 1, 2009)
- Whitten Ranch v. Premier Alfalfa, 2009 WL 1844482 (D.Neb. June 18, 2009)
- ShoeMoney Media Group, Inc. v. Farrell, 2009 WL 1383281 (D.Neb. May 14, 2009)
- Creel Group v. Brieden, 2008 WL 5423867 (D.Neb. Dec. 30, 2008)
- Sherman v. Winco Fireworks, Inc., 532 F.3d 709 (8th Cir. 2008)
- Lynch v. State Farm Mut. Auto. Ins. Co., 275 Neb. 136, 745 N.W.2d 291 (2008)
- Shafer Development, LLC v. Bristol, Case No. CI07-57 (Hall County District Court, Dec. 14, 2007)
- Reid v. Evans, 273 Neb. 714 (June 8, 2007)
- Trackwell v. Domina et al, 2006 WL 1228896 (8th Cir. May 9, 2006)
- Prickett v. infoUSA, Inc. et al, 2006 WL 887431 (E.D.Tex. Mar. 30, 2006)
- Erikson v. Abels, 2006 WL 538180 (Neb.App. Mar. 7, 2006)
- Benchmark v. Legacy Home Builders, L.L.C., 2006 WL 208830, 77 U.S.P.Q.2d 1687 (D.Neb. Jan. 26, 2006)
- Benchmark v. Legacy Home Builders, L.L.C., 2006 WL 994566, 2006 Copr.L.Dec. P 29, 130 (D.Neb. Jan. 27, 2006)
- Denenberg v. Ruder, 2005 WL 3556410 (D.Neb. Dec. 28, 2005)
Recent Appellate Decisions
- Represented multiple companies in business disputes filed against them by their insurer, where Nebraska Supreme Court affirmed trial court’s order granting clients’ Motions to Dismiss
- Represented builder in construction defect case, where Nebraska Supreme Court affirmed trial court’s summary judgment order dismissing case
- Represented attorney in legal malpractice case, where Nebraska Supreme Court reinstated jury’s defense verdict in favor of attorney and reversed order granting new trial
- Represented railroad vendor defendant in product liability case involving two train derailments, where Eighth Circuit affirmed jury verdict in favor of defendant
- Represented insurer in declaratory judgment action involving insurance coverage dispute over lead paint poisoning claim, where Nebraska Supreme Court affirmed trial court’s summary judgment order in favor or insurer finding pollution exclusion barred coverage
- Represented landowner in premises liability wrongful death action, where Eighth Circuit affirmed trial court’s order dismissing case based on lack of duty of land owner to control traffic on adjacent public highway
- Represented credit bureau in antitrust and commercial dispute, where Nebraska Supreme Court affirmed jury verdict in favor of credit bureau client
- Represented attorney in legal malpractice case, where Nebraska Supreme Court affirmed trial court’s summary judgment order based on statute of limitations defense
- Represented consumer injured by defective product, where Eighth Circuit granted new trial to consumer based on erroneous pretrial rulings
- Represented insurer in class action alleging fraudulent scheme, where Nebraska Supreme Court affirmed summary judgment order in favor of insurer
- Represented individual defendant in motor vehicle accident case, where Nebraska Supreme Court affirmed dismissal of suit based on insufficiency of service of process
- Represented attorney in legal malpractice case, where Eighth Circuit affirmed trial court’s order of dismissal based on statute of limitations defense
- Represented individual defendant in motor vehicle accident case, where Nebraska Supreme Court affirmed jury verdict in favor of defendant and rejected various evidentiary issues on appeal
- Nebraska State Bar Foundation Distinguished Service Award (2023)
- Rated AV® Preeminent by Martindale-Hubbell®
- Named Best Lawyers® 2022 Litigation-Insurance “Lawyer of the Year” in Omaha
- Listed in The Best Lawyers in America® in the fields of Appellate Practice (since 2016), Litigation-Insurance (since 2017), and Insurance Law (since 2022) (peer nominations)
- Selected to the 2013-2022 Great Plains Super Lawyers® list
- Fellow – Nebraska State Bar Foundation
- Fellow – American Bar Foundation
- Nebraska State Bar Association – Chair – NSBA Professional Enhancement Committee (2013-2021); Leadership Academy (2006-2007)
- Omaha Bar Association – President (2018-2019); Executive Council Member (2011-2020)
- American Bar Association
- Defense Research Institute
- Nebraska Defense Counsel Association
- High School Mock Trial Coach – Creighton Prep (2016-present); State Champions (2016-2018, 2020-2022); National Runner-Up (2019); State Runner-Up (2019)
- Member – Creighton Law Advisory Board (2017-present)
- Board Member – Mid-America Council, Boys Scouts of America (2013-present); Chairman’s Award (2015); Silver Beaver Award (2018)
- High School Mock Trial Coach – Duchesne Academy of the Sacred Heart (2014-2016); National Champions (2015); National Runner-up (2016); State Champions (2014, 2015)
- Adjunct Professor of Trial Practice – Creighton University School of Law (2011-2012)
- Member – St. Patrick’s Church, Elkhorn
- Docket and Local Rules Committee – U.S. District Court for the District of Nebraska (2003-2004)
- Assistant Editor – Creighton Law Review (2002)
- President – Creighton Moot Court Board (2001-2002)
Education
- J.D., Creighton University School of Law, 2002
- B.A., Creighton University, 1999
Bar Admission
- Nebraska
- U.S. District Court for the District of Nebraska
- U.S. Tax Court
- U.S. Court of Appeals for the Eighth Circuit
- Law Clerk to the Honorable Lyle E. Strom, Senior U.S. District Judge, U.S. District Court for the District of Nebraska, 2002-2004