Tim has extensive trial, arbitration, administrative, and appellate experience. He helped secure a $43.8 million jury verdict for his client for breach of contract, tortious interference, and anti-trust violations. This is believed to be the largest jury verdict in Nebraska history, at the time it was entered. Tim recently defended a small business against a multimillion-dollar ERISA case where he won summary judgment and an award of over $600,000 in attorney fees for his client.
While at Fraser Stryker, Tim was appointed as a Special Assistant Attorney General. In that capacity he successfully defended a constitutional challenge to Nebraska’s education funding statutes, successfully defended the Nebraska Department of Banking in a First Amendment retaliation claim, and is currently representing the state in lawsuits brought by hundreds of state employees regarding changes made to their pension contribution rates.
Tim was the lead trial attorney in obtaining an injunction against two professional indoor football teams, preventing them from playing in a competing league in violation of their noncompete agreements. Tim defended and settled a complex class-action lawsuit filed by public employee unions and retirees regarding the constitutionality of a city ordinance relating to retiree health care. He was the lead trial counsel in defending a class action brought by retirees of a public utility which resulted in summary judgment being entered in favor of his client. He has represented a client in litigation involving the storage of spent nuclear fuel which has resulted in a more than $28 million in payments to his client. He negotiated and recovered a six-figure settlement from an auto glass company who had engaged in a scheme to commit insurance fraud. He successfully defended multimillion-dollar coal royalty assessments assessed by state and federal agencies.
Tim regularly defends clients in litigation involving commercial disputes, negligence claims, insurance coverage, and claims brought under Section 1983 and ERISA. He also routinely handles regulatory investigations and appeals regarding tax assessments.
Tim has drafted legislation regarding Nebraska civil procedure which has been enacted into law and has advised clients regarding proposed legislation and regulations.
Tim has devoted countless hours of service to his profession and his community. Appointed to serve on the Omaha Personnel Board by the Mayor of Omaha, and confirmed by the City Council, Tim was elected Chairperson of the Board in 2021. He is an active member of the Nebraska State Bar Association’s Practice and Procedure Committee.
Honors & Awards
- Rated AV® Preeminent by Martindale-Hubbell®
- Named Best Lawyers® 2020 Litigation – ERISA “Lawyer of the Year” in Omaha
- Included in The Best Lawyers in America® since 2015 in the field of Litigation – ERISA (peer nominations)
- Selected to 2016-2021 Great Plains Super Lawyers® list (Business Litigation, Civil Litigation: Defense, and General Litigation)
- Selected to the 2013-2015 Great Plains Super Lawyers® Rising Stars list (Business Litigation, Civil Litigation: Defense, and General Litigation)
- Listed in Omaha Magazine’s “Top Lawyers in Omaha” for Litigation – ERISA (July/August 2021 Edition)
- Nebraska State Bar Association, 2001 – Practice and Procedure Committee (2016)
- Omaha Bar Association, 2001
- Eighth Circuit Bar Association, 2003
- Defense Research Institute – Member
- Nebraska Defense Counsel Association – Legislative Committee
- Nuclear Energy Institute – Lawyers Committee
Memberships & Civic Affiliations
- City of Omaha Personnel Board – Member, Chairperson (2021-present), Secretary (2020-2021)
- Alpha Sigma Nu National Jesuit Honor Society
- Order of the Barrister – Member
- Nebraska Law Review – Member
- Moot Court Board – Member
- National Moot Court Team – Member
- Marian Jr. Crusader Basketball Coach (2017-2020)
- Central Valley Ag Cooperative v. Daniel Leonard et al., 400 F.Supp. 3d 819, aff’d 986 F.3d 1082 (8th Cir. 2021)(affirming summary judgment and award of attorney fees in favor of client in ERISA lawsuit) (Read more HERE and HERE)
- Pitts v. Genie Industries, Inc., 302 Neb. 88, 921 N.W.2d 597 (2019) (affirming exclusion of plaintiff’s expert witness under Daubert and granting summary judgment for client in product liability case alleging defective design and manufacture)
- Bennie v. Munn, 58 F.Supp.3d 936 (D. Neb. 2014) (Civil Rights First Amendment Retaliation)
- Bennie v. Munn, 822 F.3d 392 (8th Cir. 2016) cert. denied 137 S.Ct. 814 (2017) (Civil Rights First Amendment Retaliation)
- ACI Worldwide Corp. v. Baldwin Hackett & Meeks, Inc., 296 Neb. 818, 896 N.W.2d 156 (2017) (Breach of Contract, Tortious Interference, Antitrust)
- Johnson v. United of Omaha Life Ins. Co., 775 F.3d 983 (2014)(ERISA)
- Haubold v. Nebraska Truck Center, Inc., No. A-11-364 , Neb. App., July 24, 2012 (negligence claim dismissed)
- Martin Marietta Materials, Inc. v. Cass County Bd. of Equalization, 19 Neb. App. 891, 815 N.W.2d 201 (2012) (property tax assessment violated constitution)
- Prof’l Firefighters Ass’n of Omaha, Local 385 v. Zalewski, 678 F.3d 640 (8th Cir. 2012) (class action civil rights challenge to constitutionality of city ordinance)
- Clayborne v. OPPD, 211 F.R.D. 573 (D. Neb. 2002) (class certification denied in claim alleging racial discrimination)
- Fuhrman v. State, 265 Neb. 176, 655 N.W.2d 866 (2003) (State Tort Claim Act)
- Ferrell v. State Farm Ins. Co., 2003 W.L. 21058165 (Neb. App. May 13, 2003) (insurance coverage)
- Kvamme v. State Farm Mut. Auto. Ins. Co., 267 Neb. 703, 677 N.W.2d 122 (2004) (uninsured motorist claim)
- The Nebraska Coalition for Educational Equity and Adequacy v. Heineman, 273 Neb. 531, 731 N.W.2d 164 (2007) (constitutional challenge to the state’s education funding system)
- Tran v. United of Omaha Life Ins. Co. , 780 F.Supp.2d 965 (D.Neb. 2011) (ERISA)
- Freedom Financial Group, Inc. v. Woolley, 280 Neb. 825, 792 N.W.2d 134 (2010) (legal malpractice)
- Dowd Grain Co., Inc. v. County of Sarpy, 19 Neb. App. 550 (2012) (zoning appeal)
- U.S. Supreme Court
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the District of Nebraska
LAW SCHOOL: University of Nebraska College of Law, J.D., with distinction, 2001
COLLEGE: Creighton University, B.A., summa cum laude, with honors, with departmental distinction, 1998