Adam Prochaska

Education: 

University of Nebraska-Lincoln, B.S. 1998; University of Nebraska College of Law, J.D. 2001

States: 

Nebraska

Industries: 

Construction

,

Individuals

,

Manufacturing

,

Insurance

,

Nonprofits

,

Professional Services

,

Real Estate

,

Adam is a member of the firm’s litigation practice group, specializing in commercial, personal injury, and employment litigation. He has first-chaired several jury and bench trials in both state and federal court. Adam is a quick learner who has the ability to understand complex factual and litigation matters.  Adam takes a pragmatic and common-sense approach to litigation.  He prioritizes client understanding of legal theories and procedure, knowing that his clients can make better decisions with more information.  He has successfully argued cases before the U.S. Court of Appeals for the Eighth Circuit, the Nebraska Supreme Court, and the Nebraska Court of Appeals.

  • Young v. Ricketts, 88 F.Supp.3d 1092 (D. Neb. Jan.28, 2015), aff’d, 825 F.3d 487 (8th Cir. 2016) (successfully defended the Governor, Secretary of State, and members of the NREC in an action alleging unconstitutional restriction of free speech in violation of the First Amendment and insufficient Due Process).
  • Linc-Drop, Inc. v. City of Lincoln, 996 F.Supp.2d 845(D. Neb. Feb. 18, 2014) (successfully obtained a preliminary injunction on behalf of a Nebraska corporation barring enforcement of a city ordinance on constitutional grounds).
  • Pavers, Inc. v. Bd. of Regents of the Univ. of Neb.,276 Neb. 559, 755 N.W.2d 400 (2008) (successfully obtained judgment on appeal for construction company in contract claim).
  • Clark v. Tyrrell, 16 Neb. App. 692, 750 N.W.2D 364(Neb. App. May 20, 2008) (successfully defended the NREC in claim for wrongful disciplinary action and insufficient Due Process).
  • Garnett v. Genetic Improvement Servs. of N.C., Inc. (In re Estate of Dueck), 274 Neb. 89, 736 N.W.2d 720 (2007) (successfully defended an individual’s estate on appeal in a secured transaction dispute).
  • Smith v. Frank Implement Co., No. 7:04 CV 5027, 2005WL 3411083 (D. Neb. Dec. 13, 2005), aff’d, 188 Fed. Appx. 549 (8th Circ. 2006)(successfully defended employer against employment discrimination claim under the ADA and NFEPA).
  • Gahan v. United States Amateur Confederation of Roller Skating, 382 F. Supp. 2d 1127 (D. Neb. Aug. 18, 2005) (obtained denial of injunctive relief based on a Due Process claim in context of amateur athlete’s positive drug test).
  • Davin v. Athletic Club of Overland Park, 32 Kan. App.2d 1240, 96 P.3d 687 (Kan. App. Sept. 3, 2004) (successfully obtained judgment as a matter of law on garnishment action brought against insurance company for personal injury claim).
  • Raskin v. Allison, 30 Kan. App. 2d 1240, 57 P.3d 30 (Kan.App. Nov. 8, 2002) (successfully defended partial summary judgment on choice-of-law question in personal injury action).
  • Solid Waste Plan 2040 Advisory Committee (Vice-Chair).
  • Solid Waste Management Plan Update Working Group (Co-Chair).
  • Lydia Foundation for Social Engagement.

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