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John Matson helps businesses and individuals resolve commercial disputes. John has experience with disputes involving complex insurance agreements and coverages, professional negligence claims, intellectual property issues, corporate governance matters, board of directors issues, business divorces and ownership disagreements, employment issues, construction matters, trusts and estate planning issues, personal injury matters, and many other areas of business law. John is experienced in all stages of litigation, including all aspects of the pretrial process, including complex discovery management; trial; and the appellate process that sometimes follows.  

John practices in Nebraska and throughout the country, in both state and federal court, and assists in the resolution of disputes through arbitration and mediation.

Experience

Experience

  • Represented insured in coverage dispute with insurance company arising from suspected wind and hail damage to a commercial structure
  • Represented insured in dispute involving complex insurance program covering fleet of approximately 500 tractor-trailers and hundreds of employees, including in-depth work with experts in the insurance industry in areas such as retrospectively rated insurance plans, workers compensation, and claims handling
  • Assisted commercial painter with successful claim on a bond for a public project involving a general contractor’s failure to pay for services rendered
  • Represented publicly traded payment systems company in federal court in prosecution of its breach of contract and trade secrets misappropriation claims seeking millions of dollars in damages
  • Represented software company on its claims involving theft of intellectual property, Lanham Act violations, and related claims
  • Represented regional outlet mall developers in dispute with publicly traded software company in federal court involving breach of contract, intellectual property causes of action, and related claims
  • Defended one of the largest residential roofing contractors in the country against claims of Lanham Act violations and deceptive trade practices
  • Participated in a joint defense team that defended a regional bank against claims of patent infringement
  • Represented pivot manufacturing company in guarantee enforcement suit securing a jury verdict in excess of $1mm and successfully defended the win on appeal (see Lindsay Int'l Sales & Service, LLC v. Wegener and Pribil, 301 Neb. 1 (2018))
  • Defended and prosecuted claims on behalf of various businesses in the construction sector
  • Prosecuted claims on behalf of homeowner against general contractor and architect for negligence and related causes of action seeking over $1mm in damages
  • Defended an engineering firm against claims of alleged professional negligence involving flooding of numerous residential houses, won summary judgment for the engineering firm, and protected that summary judgment on appeal. See Ecker v. E & A Consulting Group, 302 Neb. 578 (2019).
  • Prosecuted claims involving six figure investment in real property in greater Nebraska, the benefit of which client was wrongfully denied
  • Defended and prosecuted claims under the Fair Labor Standards Act and Americans with Disabilities Act
  • Argued and won appeal to Eighth Circuit Court of Appeals in favor of Omaha business involving alleged violations of the Americans with Disabilities Act, establishing new precedent in favor of business owners in the process (see Davis v. Anthony, Inc., 886 F.3d 674 (8th Cir. 2018))
  • Represented manufacturer in breach of contract action requiring navigation of Hague Convention and international law, including successful service of process on a foreign national
  • Defended owners and sellers of show cattle against claims of alleged negligent/fraudulent misrepresentation, fraud, and related claims
  • Assisted clients with numerous cases involving complex estate planning and business succession planning issues
  • Successfully negotiated a dispute between a brother and sister that had inherited substantial farming and agricultural land through a serious of trusts, a will, and other estate planning documents
  • Advised and participated in an appeal to the Nebraska Supreme Court involving a trusts and estates dispute relating to a spouse’s elective share of various marital assets, including substantial farming and agricultural land

News & Publications

Publications

  • Responding to a Complaint: Nebraska (State Q&A)
    Practical Law, 2019
  • Drinking From the Fire Hose: Practice Pointers for New Lawyers
    The Nebraska Lawyer, 2016
  • 05.30.2014
  • Huskers Jump on Congress’s Fumble: Nebraska Rules of Evidence 413-15 Correct the Facial Deficiencies of Federal Rules of Evidence 413-415, 45 
    Creighton L. Rev. 277, 277-323, 2011

Honors & Affiliations

Honors & Awards

Super Lawyers Rising Star, 2018-2019

Community & Professional

Nebraska State Bar Association
Nebraska State Bar Association Leadership Academy, 2017-2018
NSBA Dan Jewell Trial Institute Graduate, 2019
Inns of Court, Omaha, NE Chapter
Regular Volunteer and Leader at Local LDS Church Congregations

Education

J.D., Creighton University School of Law, 2013 (magna cum laude)

  • Certificate of Concentration: Business Law
  • Student Articles Editor, Creighton Law Review, 2012-2013
  • Creighton Moot Court Competition Champion & Outstanding Oralist, 2012
  • Order of the Barristers
  • David A. Svoboda Trial Advocacy Award

B.A., Brigham Young University, 2010

  • Russian

Admissions

  • State of Nebraska
    U.S. District Court, District of Nebraska
    U.S. District Court, District of California (Pro Hac Vice Admission)
    U.S. District Court, District of Colorado
    U.S. District Court, Northern District of Illinois 
    U.S. Court of Appeals, Tenth Circuit
    U.S. Court of Appeals, Eighth Circuit
    U.S. Tax Court
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