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:

President, Nebraska Association of Trial Attorneys (NATA), 2016;
Member, NATA Board, 2001-Present;
Chair, Employment Rights Section of American Association Justice (AAJ), 2018;
Member, AAJ, 1998-Present;
Member, National Employment Lawyers Association (NELA);
President, Nebraska NELA, 2013;
Outstanding Contributor to Woman and the Law, 2015;
Member, AAJ Employment Rights Executive Committee, 2014-present;
Vice-Chair, Nebraska State Bar Association (NSBA), Labor and Employment Section, 2012-2013;
NSBA House of Delegates, 1999-2006;
Nebraska Bar Association, 1993-Present;
Great Plains Super Lawyers, 2009-Present;
Lancaster County Personnel Board, 2003-2013;
Nebraska Bar Association, 1993-Present;

Employment:

Powers Law
Attorney
Lincoln, NE, 1998 – present

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:

  • Wage and Hour Litigation-Plaintiff’s;
  • Employment and Housing Litigation-Plaintiff’s;
  • Whistleblower- Plaintiff’s;
  • 1st Amendment-Plaintiff’s;
  • Personal Injury-Plaintiff’s;

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;
2011-2018

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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