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 non-compete 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 is the lead trial counsel in defending a class action brought by retirees of a public utility. 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 multi-million 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.
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. In 2017, Tim was appointed by the Mayor of Omaha, and confirmed by the City Council, to serve a five year term on the Omaha Personnel Board. He is an active member of the Nebraska State Bar Association’s Practice and Procedure Committee. He is a volunteer coach for the Marian Jr. Crusader basketball program and the Memorial Little League softball program.
Honors & Awards
- Rated AV® Preeminent by Martindale-Hubbell
- Named Best Lawyers® “Omaha Litigation – ERISA Lawyer of the Year” for 2020
- Listed in The Best Lawyers in America© in Litigation-ERISA (peer nominations)
- Alpha Sigma Nu National Jesuit Honor Society
- Order of the Barrister, Member
- Selected to Super Lawyers in 2013-2016, 2020 (Business Litigation, Energy & Natural Resources, and Eminent Domain)
Professional Affiliations and Memberships
- Nebraska State Bar Association, Practice and Procedure Committee, 2016
- Nebraska State Bar Association, 2001
- Omaha Bar Association, 2001
- Eighth Circuit Bar Association, 2003
- Defense Research Institute, Member
- Nebraska Defense Counsel Association, Legislative Committee
- Nuclear Energy Institute, Lawyers Committee
- 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)
- Nebraska Law Review, Member
- Moot Court Board, Member
- National Moot Court Team (Member)
- City of Omaha Personnel Board (Member)
- Marian Jr. Crusader Basketball Coach (2017-present)
- 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