Dan Klaus

Education: 

Nebraska Wesleyan University, B.A., 1977; University of Nebraska College of Law, J.D., with distinction, 1982, Editor, Nebraska Law Review, Order of the Coif

States: 

Nebraska | Colorado

Industries: 

Automotive

,

Construction

,

Energy & Utilities

,

Financial Services

,

Government

,

Health Care

,

Individuals

,

Insurance

,

Manufacturing

,

Nonprofits

,

Agriculture

,

Professional Services

,

Restaurants, Retail & Hospitality

,

Technology

,

Transportation

,

Dan focuses his practice on complex commercial and business litigation, including cases involving antitrust, product liability and farm estate disputes. He has successfully first-chaired several multi-week jury and bench trials in state and federal court. Dan is very detail oriented and has the ability to quickly understand, simplify, and present at trial complex factual and legal issues. He has also successfully argued many cases before the U.S. Court of Appeals for the Eighth Circuit, Nebraska Supreme Court, and Nebraska Court of Appeals. Dan has been consistently recognized in his areas of expertise by Chambers USA, Best Lawyers, and SuperLawyers.

  • City of Falls City v. Nebraska Municipal Power Pool, et al., 279 Neb. 238 (2010) (on appeal Nebraska Supreme Court reversed trial court’s judgment against client and dismissed $40 million claim)
  • Arabian Agriculture Services Co. v. Chief Industries, Inc., 309 F.3d 479 (2002) (Defended client in $25 million claim for failure of products delivered to foreign entity; client offered $1,000,000.00 in settlement which plaintiff rejected; plaintiff subsequently obtained verdict for $1.4 million.)
  • Lincoln Composites, Inc. v. Firetrace USA, LLC, No. 4:12-cv-3142, 2015 WL 45514 (2015) (successfully defeated motion for new trial and upheld $900,000 jury verdict obtained in favor of client in breach of warranty and breach of contract lawsuit)
  • Morgenstern v. Wilson, et al., Case No. 8:90CV34 (D. Neb. 1992) (obtained jury verdict on antitrust lawsuit brought by physician against former partners under novel theories for monopolization and attempt to monopolize)
  • Sports Courts of Omaha, Inc. v. Brower, 248 Neb. 272 (1995) (obtained reversal of trial court judgment based upon evidentiary and legal errors made by trial court; case successfully settled after remand)
  • Klingelhoefer v. Monif, 286 Neb. 675 (2013) (successfully defended trial court judgment in favor of client on multi-million dollar claim involving estate)
  • Equitable Assurance Society of U.S. v.Starr, (241 Neb. 609 (1992) (obtained reversal of jury verdict against client on grounds of evidentiary error; case settled after remand.)
  • Lori Jones v. Willis Shaw Express Inc., et al., Case No. 8:04CV271 (D. Neb.) (represented traumatically brain-injured individual in claim against national trucking carrier involving wheel off case)
  • Lambert Vet Supply, LLC v. Martin, No. 4:14-cv-3129, 2015 WL 1470434 (2015) (successfully defeated motion to dismiss and motion for costs and fees grounded in novel pleading and notice requirements arising out of Uniform Commercial Code)
  • American Bar Association
  • Lincoln Bar Association
  • Nebraska State Bar Association
  • Life Fellow, American Bar Foundation
  • Fellow, Nebraska State Bar Foundation
  • Past Member, Robert Van Pelt American Inns of Court
  • Selected for listing in Great Plains Super Lawyers, Business, Civil, and General Litigation (2009 – present)
  • Selected for listing in Chambers USA (2014) under Litigation and as a Leading Individual
  • Selected for listing in Best Lawyers (Appellate Practice) (2___ – present)
  • Adjunct Professor, University of Nebraska, College of Law
  • President, Local Chapter of the American Red Cross
  • President, Local Chapter of Teammates
  • President and member of Church Council, Southwood Lutheran Church
  • Member of Board of Directors, Folsom Children’s Zoo
  • Nebraska Wesleyan University – Athletic Hall of Fame
  • Nebraska Wesleyan University – Young Alumni Achievement Award

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