Career Highlights
- Secured summary judgment dismissal of a federal court FELA toxic tort lawsuit filed against the railroad. Salstrand v. BNSF Ry., No. 4:20-CV-3146 (D. Neb. 2022)
- Secured summary judgment dismissal of a federal court FELA toxic tort lawsuit filed against the railroad. Robinson v. BNSF Ry., No. 4:20-CV-3142 (D. Neb. 2022)
- Obtained summary judgment for the defendant railroad in a federal court FELA toxic tort lawsuit. Brown v. Union Pac. R.R., 2020 WL 3428984 (D. Neb. 2020)
- Secured summary judgment dismissal of a decedent’s survival claim in FELA toxic tort litigation. West v. Union Pac. R.R., 2019 WL 7586542 (D. Neb. 2019)
- Secured summary judgment for the railroad on the issue of liability in Iowa state court crossing accident litigation where plaintiff alleged traumatic brain injury. Dreher v. Union Pac. R.R., No. LACV116818 (Pottawattamie Cnty., Iowa 2019)
- Defense jury verdict for railroad in FELA lawsuit where plaintiff sought $10,000,000 alleging total disability. Wilhite v. Union Pac. R.R., No. 8:10-CV-306 (D. Neb. 2012)
- Jury verdict for railroad in Iowa state court FELA lawsuit requiring plaintiff pay court costs. Olsen v. Union Pac. R.R., No. LACV102046 (Pottawattamie Cnty., Iowa 2012)
- Defense jury verdict for railroad in Nebraska state court FELA lawsuit where plaintiff sought $2,000,000 for injuries plaintiff alleged caused permanent disability. Smith v. Union Pac. R.R., Doc. 1080 No. 553 (Douglas Cnty., Neb. 2010)
- Defense jury verdict for railroad affirmed by the Nebraska Court of Appeals. See Smith v. Union Pac. R.R., 2010 WL 4109317 (Neb. App. 2010)
- Ballard v. Union Pac. R.R., 279 Neb. 638, 781 N.W.2d 47 (2010) (Nebraska Supreme Court holding a railroad is not liable under FELA for intentional torts by co-workers)
- City of Lincoln v. Nebraska Pub. Power Dist., 10 Neb. App. 713, 636 N.W.2d 645 (2001)
- Nebraska Pub. Power Dist. v. MidAmerican Energy Co., 234 F.3d 1032 (8th Cir. 2000)
- McLaughlin v. Hellbusch, M.D., 256 Neb. 615, 591 N.W.2d 569 (1999)
- Anderson v. Nissan Motor Co., 139 F.3d 599 (8th Cir. 1998)
- Weaver v. Cheung, M.D., 254 Neb. 349, 576 N.W.2d 773 (1998)
- Wagner v. Pope, M.D., 247 Neb. 951, 531 N.W.2d 234 (1995)
- Barone v. Rich Bros. Interstate Display Fireworks Co., 25 F.3d 610 (8th Cir.), cert. denied, 513 U.S. 948 (1994)
Education
University of Nebraska College of Law, LL.M., Space, Cyber, and Telecommunications Law
Creighton University School of Law, J.D., cum laude
University of Iowa, Bachelor of Business Administration
Admitted to Bars and Courts
Nebraska
Iowa
Illinois
United States District Court for the District of Nebraska
United States District Court for the Northern District of Iowa
United States District Court for the Southern District of Iowa
United States District Court for the Eastern District of Wisconsin
United States District Court for the Eastern District of Arkansas
United States Court of Appeals for the Eighth Circuit
Supreme Court of the United States
Memberships, Boards and Committees
American Board of Trial Advocates (ABOTA)
National Association of Railroad Trial Counsel (NARTC)
American Short Line and Regional Railroad Association (ASLRRA)
Nebraska Bar Association
Iowa Bar Association
Omaha Bar Association
Illinois Bar Association
Publications
David J. Schmitt, The Computer Fraud And Abuse Act Should Not Apply To The Misuse Of Information Accessed With Permission, 47 Creighton L. Rev. 423 (2014).
David J. Schmitt, Comment, The Constitutional Ramifications of a Universal, Mandatory Testing Program for the Acquired Immunodeficiency Syndrome, 21 Creighton L. Rev. 859 (1988).
Practice Emphasis
Litigation
