Ogborn, Summerlin & Ogborn, LLC

402.434.8042
402.434.8044 (fax)
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Areas of Practice:

Business and Commercial Litigation, Agricultural Litigation, Insurance Litigation, First Amendment Litigation, Trademarks and Intellectual Property

Education:

• Law School: University of Nebraska College of Law, Highest Distinction
• Undergraduate: University of Nebraska, B.S. Animal Science, Agricultural Economics

Admissions:

• Nebraska
• United States District Court for the District of Nebraska
• United States District Court for the Central District of Illinois
• United States District Court for the Southern District of Illinois
• Omaha Nation Tribal Court
• Eighth Circuit Court of Appeals

Affiliations:

• Nebraska Bar Association
• Nebraska Association of Trial Attorneys
• Federal Practice Committee
• Federal Practice Budget Committee
• American Inns of Court, Master of the Bar

Awards/Affiliations:

• Order of the Coif
• Executive Editor, Nebraska Law Review
• Roscoe Pound Memorial Award
• American Jurisprudence Award, Trial Advocacy
• American Jurisprudence Award, Advanced Trial Advocacy
• Thomas Stinson Allen Award for Oral Advocacy
• Seeds of Justice Award, Nebraska Appleseed Center for Law and Justice

Presentations/Publications:

• Partner v. Partner II: Fraud and the In Pari Delicto Defense, ATLA Business Torts Section Newsletter, Vol. 9, No. 2, Spring 2005.
• Uninsured and Underinsured Motorist Law in Nebraska, May 21, 2004, National Business Institute, Lincoln, NE.
• Legal Implications of Animal Cloning: The Future is Now, May 13, 2003, National Pedigreed Livestock Council 2003 Annual Meeting, Denver, CO.
• 50 Things I Wish I Would Have Learned in Law School, THE PRAIRIE BARRISTER, Vol. 8, No. 2 (2002), reprinted in LOUISIANA ADVOCATES, Vol. XVIII, No. 1 (Jan. 2003); TRIAL TALK, Vol. 52, No. 2 (Feb. 2003); THE DOCKET, Vol. 25 Issue 5 (May 2003).
• Notice Pleading Comes to Nebraska, October 18, 2002, Nebraska Association of Trial Attorneys Annual Meeting.
• Practice Pointers: Law Firm Management, THE PRAIRIE BARRISTER, Vol. 7, No. 1 (2001).
• A Commonsense Approach to Risk Management, September 20, 2000, Nebraska Parks and Recreation Association Annual Meeting.
• Preparing Clients for Trial - From Discovery to Direct, October 8, 1999, Nebraska Association of Trial Attorneys Fall Seminar.
• Litigation in the 21st Century, 1999, Co-Chair, Nebraska Association of Trial Attorneys Annual Seminar.
• Blue Sky Laws and the Beef Industry, July, 1997, BEEF TODAY.
• Know What You’re Getting Into: Strategic Alliance Agreements, April, 1996, BEEF TODAY.
• Promises, Promises: A Contract Primer, May, 1992, FEEDLOT TODAY.

Governmental Appointments:

Special Assistant United States Attorney, Ostrovsky v. American Shorthorn Ass’n, appointed by the United States Bankruptcy Court for the District of Oregon to represent the Bankruptcy Trustee for the District of Oregon in 3 billion dollar fraud litigation arising from sale of investment partnerships in registered cattle operation (2000 - 2005).

Special Assistant Attorney General (Nebraska), appointed by the Nebraska Attorney General’s Office to represent the interests of state employees in age discrimination litigation (2000).

Published Cases:

• American Simmental Association v. Coregis Ins. Co., 75 F.Supp. 2d 1023 (D. Neb. 1999), related decisions 107 F.Supp. 2d 1064 (D. Neb. 200); 190 F.R.D. 640 (D. Neb. 2000); 234 F. Supp. 2d 1028 (D. Neb 2002). Advertising injury coverage litigation arising from insurer’s refusal to provide defense to anti-trust, RICO and Lanham Act claims brought against cattle breed association.
• Amoco Pipeline v. State Board of Equalization and Assessment, 242 Neb. 273, 494 N.W.2d 541 (1993). Challenge to Tax Commissioner’s methodology for equalization of centrally assessed property on behalf of pipeline companies and public service entities.
• Blue Dane Simmental Corp. v. American Simmental Association, 178 F.3d 1035 (8th Cir. 1999). Defense of cattle breed association in litigation asserting that association engaged in monopolization and fraudulent conspiracy to control American purebred cattle market.
• Blue Dane Simmental Corp. v. American Simmental Association, 1998 MT 260N, 1998 Mont. LEXIS 245 (Mont. 1998). Defense of non-profit cattle breed association in dissolution action under Montana Nonprofit Corporations Act arising from alleged failure of corporate purposes.
• Carson P. v. Heineman, 240 F.R.D. 456 (D. Neb. 2007). Class action litigation brought on behalf of foster children challenging defects in Nebraska foster care system.
• Groene v. Seng, 2006 U.S. Dist. LEXIS 45174 (D. Neb. 2006). Constitutional litigation involving First Amendment rights of initiative petition signature gatherers to access public property.
• Grassmueck v. Am. Shorthorn Ass’n, 402 F.3d 833 (8th Cir. 2005). Commercial litigation representing the United States Bankruptcy Trustee in civil litigation seeking to recovery in excess of 100 million dollars in investor losses arising from sale of fraudulent investor partnerships in registered cattle operations.
• Harvey Oaks Dental, P.C. v. Peter Letterese & Associates, 7 Neb. App. 402, 583 N.W.2d 72 (1998), related decision 2003 Neb. App. LEXIS 17 (2003). Commercial contract litigation involving dental marketing group.
• In Re Tabitha, 252 Neb. 687, 564 N.W.2d 598 (1997). Constitutional litigation involving withdrawal of life support from injured infant.
• Lincoln Benefit Life v. Edwards, 148 F.3d 999 (8th Cir. 1998), related decisions 160 F.3d 415 (8th Cir. 1998). Commercial litigation involving compensation contracts between insurer and agents.
• Nucor Steel v. Balka, 2 Neb. App. 138, 507 N.W.2d 499 (1993). Challenge to Tax Commissioner’s methodology for equalization of centrally assessed property.
• Olmer v. City of Lincoln, 192 F.3d 1176 (8th Cir. 1999). Constitutional litigation against city arising from passage of anti-picketing ordinance which violated plaintiffs’ First Amendment speech rights.
• Spicer Ranch v. Schilke, 15 Neb. App. 605, 734 N.W.2d 314 (2007). Commercial litigation involving property damage from negligently caused fire on leased premises.
• Spiering v. Heineman, 448 F. Supp. 2d 1129 (D. Neb. 2006). Constitutional litigation involving First Amendment rights of parents to decline genetic testing for newborn infants.
• State v. Abbink, 260 Neb. 211, 616 N.W.2d 8 (2000). Constitutional litigation involving First Amendment defense to criminal conviction for expressive activity.
• Thorburn v. Austin, 231 F.3d 1114 (8th Cir. 2000), related decision 39 F. Supp. 2d 1199 (D. Neb. 1999). Constitutional litigation involving First Amendment challenge to focused picketing ordinance.
• United States v. Arango-Chairez, 875 F. Supp. 609 (D. Neb. 1994). Defense of criminal charges involving custodial interrogation.
• United States ex rel. Grimm Constr. Co. v. SAE Civil Constr., 1996 LEXIS 3454 (D.Neb. 1996). Prosecution of Miller Act litigation on behalf of sub-contractors and the United States Department of Interior against prime contractor arising from the Fullerton Canal project.
• Wilcox Cattle Co. v. Cappel, 1996 Neb. App. LEXIS 243 (1996). Commercial litigation involving injury to cattle from latent condition on leased premises.

Other Significant and Representative Cases:

• American Embryo Transfer Association v. Wells Fargo Bank, NA, commercial litigation, represented bank customer in litigation asserting various claims against depository bank including restrictive endorsement violations and improper transfers of funds from certificates of deposit.
• Cody v. Wisconsin State Fair Board, represented exhibitor of Grand Champion Steer in connection with claims that steer had been exposed to illegal substances.
• Downen v. Stonehurst Farms, commercial litigation, represented purchaser of dairy herd in breach of warranty claims.
• Exidon, Inc. v. San Juan Cattle Co., commercial litigation, represented multiple joint-ventures in an accounting and breach of contract action arising from cattle backgrounding and feeding agreements.
• Fegley v. [Name Withheld Pursuant to Confidentiality Agreement], medical negligence litigation, represented patient who suffered a stroke during an angiogram procedure.
• First National Bank of Omaha v. Emerald Publishing, copyright litigation, defended publisher against claims of trademark infringement.
• Gaddis v. Ayrshire Breeders Association, anti-trust litigation, represented cattle breeder in action against breed association alleging group boycott.
• Haessler v. Hampton Development Services, Inc., construction litigation, represented homeowners against developer and builder for claims arising from defects in residential construction.
• Henderson v. Thommi, medical negligence litigation, represented estate in litigation against doctor and hospital arising from improperly performed intubation which resulted in death of patient.
• Hiatt v. Nagengast, medical negligence litigation, represented family of infant harmed during surgery in which large portion of infant’s bladder was mistakenly removed by surgeon
• Hinn v. Red Mountain Homes, construction litigation, defense of home builder in litigation alleging various breaches of warranties and construction defects.
• Miller v. State of Nebraska, wrongful death litigation, represented family in obtaining largest wrongful death settlement on record against State on behalf of family whose minor son was killed when crushed by a freight elevator.
• Nakamoto v. Hartman Exotics, Inc., securities fraud litigation, defense of principal partner in litigation alleging securities fraud and violation of state blue sky laws arising from investment partnerships in imported exotic animals.
• Shoemaker v D & H Real Estate Partnership, commercial litigation, represented withdrawing partners seeking dissolution of the partnership arising from breach of the partnership agreement.
• Sutter v. Aventis, class action litigation, represented class of farmers harmed by cross pollination of genetically engineered corn.
• T. J. Group Invs., LLC v. Alpha Wolfe, Inc., defense of trademark infringement litigation involving asserted intellectual property rights to company name against senior user.
• Travaille v. Hamstra, securities litigation, represented purchasers in litigation against sellers and broker-dealers of viatical investment contracts.
• Village of Pender v. Parker, litigation challenging tribal authority to impose alcohol tax on retailers located on property which was diminished from reservation by act of Congress.

Representative Clients:

American Embryo Transfer Association, American Simmental Association, ASA Publications, Inc., Black and Decker Corporation, Braunvieh Association of America, Colorado Genetics, Inc., Cross Lazy T Land & Livestock Co., Feeds, Inc., Lazy R Feeds, Frontier Beef Systems LLC, Golden Link Braunvieh, Hartman Cattle Company, Hartman Exotics, Inc., JWRE, Inc., LKC Ranch, National Pedigreed Livestock Council, Nebraska Bull Service, Inc., Nebraska Corn Growers Association, Nebraska Simmental Association, Nebraska Soybean Association, Organic Crop Improvement Association International, Inc., Optical Innovations, Inc., Related Capital Companies, Inc., Sears, Roebuck and Co., SimSystems, Inc.

Description:

Gene is the managing shareholder of the firm’s Nebraska office. Gene serves as general counsel to a number of state and national agricultural and livestock organizations. Gene also represents a diverse array of clients in business and commercial litigation.

Gene volunteers with several non-profit organizations that provide health care, education and related services in the Central Plateau Region of Haiti. Gene also coaches hockey for the Lincoln East High School Spartans.