Pat has extensive experience in complex civil litigation, primarily as defense counsel in matters that involve commercial litigation issues, intellectual property, insurance coverage issues, products liability and other personal injury disputes, and Internet/e-commerce matters.

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 has served as an adjunct faculty member at the Creighton University School of Law, teaching trial practice, and currently serves on the Creighton Law School Alumni Advisory Board.

Honors & Awards

  • Rated AVĀ® Distinguished by Martindale-Hubbell
  • Selected to Super Lawyers (Civil Litigation, Business Litigation, Intellectual Property Litigation, and Insurance Coverage), 2013-2017
  • Selected to Best Lawyers in America (Appellate Practice and Litigation – Insurance), 2016-2019

Professional Affiliations and Memberships

  • Omaha Bar Association
    • President (2018-present)
    • Executive Council Member (2011-2014, 2016-present)
  • American Bar Association, 2004-present
  • Nebraska State Bar Association
    • Leadership Academy (2006-2007)
    • Chair, NSBA Professional Enhancement Committee (2013-present)
  • Defense Research Institute – Member (2004-resent)
  • Nebraska Defense Counsel Association – Member (2004-present)

Judicial Clerkships

  • Law Clerk to the Honorable Lyle E. Strom, Senior U.S. District Judge, U.S. District Court for the District of Nebraska, 2002-2004

Legal Experience

RECENT APPELLATE DECISIONS

  • Represented multiple companies in business dispute 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 landowner 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 clientRepresented 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

SIGNIFICANT RECENT CASES

  • 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 jury verdict of $187,000 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 breach of contract action against builder
  • 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

Other

  • High School Mock Trial Coach, Creighton Prep:
    • State Champions (2016, 2017)
  • High School Mock Trial Coach, Duchesne Academy of the Sacred Heart:
    • National Champions (2015)
    • National Runner-up (2016)
    • State Champions (2014, 2015)
  • Creighton University School of Law
    • Adjunct Professor of Trial Practice (2011-2012)
    • Creighton Law Advisory Board (2017-present)
  • Mid-America Council, Boys Scouts of America
    • Board Member (2013-present)
    • Chairman’s Award (2015)
  • St. Patrick’s Church, Elkhorn – Member
  • U.S. District Court for the District of Nebraska – Docket and Local Rules Committee (2003-2004)
  • Creighton Law Review – Assistant Editor (2002)
  • Creighton Moot Court Board – President (2001-02)

Admitted

2011

  • U.S. District Court for the District of Colorado

2010

  • U.S. District Court for the Eastern District of Wisconsin

2007

  • U.S. Tax Court

2005

  • U.S. Court of Appeals for the Eighth Circuit

2002

  • Nebraska
  • U.S. District Court for the District of Nebraska

Education

LAW SCHOOL: Creighton University, J.D., magna cum laude, 2002

COLLEGE: Creighton University, B.A., 1999