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Minja Herian’s primary focus is helping clients navigate all aspects of trusts and estates disputes. Whether a will contest, a trust contest, a contested beneficiary designation form, claims of undue influence or lack of capacity, or similar allegations, she has extensive experience guiding clients through these sensitive matters. She has taken multiple trusts and estates disputes to trial and has obtained favorable jury verdicts in each one. She also has experience with contested guardianship and conservatorship matters, including petitions to appoint guardians or conservators, removal actions, and surcharge actions.

Minja also represents clients in construction, real estate, and commercial litigation and arbitration matters.  She is no stranger to the courtroom, where she has secured numerous favorable trial verdicts for her clients.

Minja works closely with clients to develop litigation strategies to achieve clients’ objectives and manage their business and litigation interests. She assists clients through all stages of litigation, including commencing the litigation and providing a defense, conducting discovery, participating in trial and arbitrations, and, if needed, engaging in the appellate process.

Experience

Experience

Trusts & Estates Litigation

  • Obtained multiple favorable multi-million dollar jury awards challenging wills and/or trusts on the basis of undue influence and lack of capacity
  • Represented two of three siblings in litigation over the third sibling’s maladministration of the family trust and their mother’s affairs, which resulted in the third sibling being removed as trustee of the family trust and partial reimbursement of attorney fees and costs to our clients. The lower court’s decision was affirmed on appeal to the Nebraska Supreme Court
  • Successfully represented clients in a trust dispute and related conservatorship action, which was upheld by the Nebraska Supreme Court
  • Successfully represented personal representatives and executors against claims of breaches of fiduciary duties, undue influence, and lack of capacity
  • Successfully represented various guardians and conservators in contested guardianship and conservatorship matters
  • Assisted clients with numerous cases involving complex estate planning and business succession planning disputes

Construction and Real Estate Litigation

  • Obtained a jury award for homeowners for the full amount of damages sought in a residential construction dispute with the builder
  • Defended and prosecuted claims for a national construction company with respect to a construction project with a municipality
  • Successfully represented various homeowners in home construction disputes against builders
  • Successfully represented commercial owners with respect to various lease disputes with commercial tenants
  • Obtained favorable jury award for the full amount of damages sought by the client in a premises liability action, which was upheld on appeal by the Nebraska Supreme Court

Other Complex Commercial Litigation

  • Represented a national energy company in multiple multimillion-dollar complex contract litigations
  • Successfully defended a $16.9 million dollar software fraud claim for zero (0) dollars
  • Represented numerous officers and directors in multiple district courts involving multimillion-dollar claims for gross negligence and breach of fiduciary duties brought by the FDIC and SEC
  • Obtained dismissal of alleged statutory violation claim affecting a $30 million contract, which was upheld by the Nebraska Supreme Court
  • Successfully represented a publicly traded company to obtain an arbitration award in excess of $2 million and zeroed out a counterclaim in excess of $5 million

News & Publications

Honors & Affiliations

Honors & Awards

The Best Lawyers in America®, Commercial Litigation and Litigation - Trusts and Estates, 2024
Super Lawyers, 2023
Super Lawyers Rising Star, 2018-2021

Community & Professional

The University of Nebraska, Lincoln, Dean's Advisory Board Member, 2022-Present
Teammates Millard, Board Member and Mentor, 2021-Present
Knights of Aksarben Foundation, Floor Committee, 2020-Present
Project Harmony, Halfway to St. Patrick's Day Committee, 2017-2022
Project Harmony, Service League Board, 2023-Present
Nebraska State Bar Association, Legislative Committee Member, 2023-Present
Nebraska State Bar Association, Barrister's Ball Committee, 2017-Present
Nebraska State Bar Association Leadership Academy, 2016-2017

Education

J.D., University of Nebraska College of Law, 2011 (with distinction)

B.A., University of Nebraska - Lincoln, 2007

  • Sociology and German

Admissions

  • State of Nebraska
    U.S. District Court, District of Nebraska
    U.S. Court of Appeals, Eighth Circuit
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