Kathleen Neary

kathleen@vpowerslaw.com

Education:

University of Nebraska-Lincoln
Juris Doctorate, 1992
Bachelor of Arts, 1987

Admitted to Practice:

Nebraska Supreme Court
U.S. District Court, District of Nebraska
U.S. Court of Appeals, Eighth Circuit

Memberships/Organizations/Awards:

Current President, Nebraska Association of Trial Attorneys
NATA Board Member, 2001-Present
National Employment Lawyers Association (NELA)
Member AAJ
Nebraska NELA, President 2013
American Association for Justice (AAJ)
Women’s Law Section NSB
Outstanding Contributor to Woman and the Law, 2015
Member Employment Rights Executive Committee, 20014-present
NSBA, Labor and Employment Section, Vice-Chair, 2012-2013
Great Plains Super Lawyers, 2011-Present
Lancaster County Personnel Board, 2003-2013
Lincoln Bar Association
Nebraska Bar Association
NSBA House of Delegates, 1999-2006

Employment:

Vincent M. Powers & Associates
Lincoln, NE, 1998 – present

Attorney, Neary Law Office
1996-1997

Associate Judge, Omaha Tribal Court
Omaha Tribe of Nebraska, 1993-1996

Judicial Clerk to the Honorable Niesje J. Steinkruger,
District Judge, State of Alaska, 1992-1993

Specializes In:

Employment and Housing Litigation for Plaintiffs (65%)
Represents employees and tenants in discrimination, harassment and retaliation cases as well as Whistle blower, 1st Amendment and wage and hour litigation.

Personal Injury and Wrongful Death, Plaintiff Cases;

Community Involvement

Lancaster County Personnel Board Member;
2003-2013

City of Lincoln, Nebraska Charter Revision Committee Member;
2007-Present

Clyde Malone Community Center, Board of Directors;
2011-Present

Cases of Interest

Gavin v. Rogers Tech Servs. 276 Neb. 437 (2008)
Secured reversal of summary judgment by trial court in sexual harassment/constructive discharge case for employee.

Case of first impression by Nebraska Supreme Court: “The element of intending to force the employee to quit is satisfied if the employer could have reasonably foreseen that the employee would quit as a result of its actions.”

Lacey v. State of Nebraska, 278 Neb. 87 (2009)
Affirmed verdict for employee in sexual harassment case.

Case of first impression by Nebraska Supreme Court heard: ” We cannot conclude, as a matter of law, that the State exercised reasonable care to prevent and correct the sexual harassment…”
Garcia v. Monument Management Group, U.S. District Court, District of Nebraska 4:05 CV3139 (2006)

Summary Judgment granted in favor of employee on liability in gender and pregnancy discrimination case.

Danhauer v. J.K. Tooling, 8th Circuit Court of Appeals;
Case No. 00-1736

Plaintiff’s discrimination jury verdict affirmed on appeal without comment.

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