Personal Injury Lawyer Lincoln Ne – Jeff Downing is a third-generation attorney from Nebraska who has had the privilege of representing clients in a number of precedent-setting cases. In
, 250 Neb. 750, 552 N.W. In 2d 51 (1996), the Nebraska Supreme Court struck down the invitee-licensee distinction in premises liability law, a rule that applies to English common law. The decision represented a significant change in Nebraska law that reduced the burden on injured parties to file lawsuits against negligent landlords.
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Rader v. Johnston, 924 F.Supp. 1540 (D. Neb. 1996), a federal court ruled for the first time that a student could be exempt from the university’s accommodation requirements for religious reasons. The Rader decision was recently adopted by the United States Supreme Court in its landmark decision in Fulton v. City of Philadelphia, 141 S.Ct. 1868 (2021) (A law is generally unenforceable if it requires the government to take into account certain reasons for a person’s conduct in establishing an individual exemption system. If such an individual exemption system exists, the government cannot refuse to extend it. The system can be religious harshness without any compelling reason.)
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In 2023, Downing was voted a Super Lawyer by his peers. To succeed in the courtroom, Downing joined the American Board of Trial Advocates, an invitation-only association of trial lawyers. They have been rated “AV” by their fellow lawyers and practicing judges for the highest legal competence and ethical standards. He is also a member of the United States Supreme Court Bar Association and a Lifetime Fellow of the Nebraska State Bar Foundation.
For his defense of constitutional justice, Downing was inducted into the ADF Guard of Honor. Downing has spoken at numerous CLE events and serves the Christian Legal Society by coordinating educational opportunities for Nebraska attorneys on topics ranging from constitutional law to legal ethics.
Mr. Downing’s work shaped Nebraska law, providing five law review articles and thousands of citations for secondary sources and subsequent cases. Legal review articles particularly inspired by his jurisprudence include:
For more than thirty years, Downing has specialized in representing Nebraskans whose constitutional freedoms have been threatened or violated.
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In the case of Ellis v. Houston, 742 F.3d 307 (8th Cir. 2014), Downing filed a federal civil rights lawsuit on behalf of five African American prison guards who were subjected to a racially hostile work environment and retaliation because of their bravery. Complaint: After extensive litigation, the lawsuit was dismissed. Mr. Downing successfully appealed to the Eighth Circuit, which reversed the lower court’s finding that it had applied a new and incorrect standard in considering class actions “as if there were only one plaintiff and only one defendant.” After the arrest, the case settled for more than $775,000.
In Doe v. Norfolk School Dist., 340 F.3d 605 (8th Cir. 2003), the court held that a school board member’s prayer at graduation did not violate the Establishment Clause.
ACLU of Nebraska v. City of Plattsmouth, 419 F.3d.772 (8th Cir. 2005), the court ruled that a Ten Commandments monument in a city park was constitutional.
In Anaya, 276 Neb. 825, 758 N.W.2d 10 (2008), a case that attracted national attention, the Nebraska Supreme Court found that a juvenile court had jurisdiction over an infant whose parents objected to mandatory medical treatment investigation had carried out unlawfully. For religious reasons. The Supreme Court ruled that the juvenile court’s order was “null and void.”
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Downing won an injunction granting religious freedom and equal protection to Native American prisoners who want to hold an eight-hour religious event instead of the government-imposed three-hour limit.
In the case of Olmer v. City of Lincoln, 23 F. Supp. 2d 1091 (D. Neb. 1998), Mr. Downing was a member of the legal team that challenged a fence ordinance that was struck down in federal court on First Amendment grounds.
Downing sought a pamphlet injunction prohibiting the distribution of leaflets, posters and brochures without permission. After the lawsuit was filed, the decision was overturned.
Downing successfully represented a group of street preachers who filed a lawsuit after they were arrested and a 15-foot cross was seized as evidence. The subsequent settlement included a payment of $500, the distribution of a memo on freedom of speech and religion (authored by Downing) to the sheriff’s department to better educate them on civil rights, and the return of the cross to the plaintiff. She
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Downing is a member of the Nebraska Trial Lawyers Association and has recovered tens of millions of dollars on behalf of Nebraskans injured due to medical malpractice, defective products and the negligence of others. A selection of his notable cases include:
* Successful trial for a young woman who was tragically paralyzed when an inexperienced neurosurgeon (who explained to the patient that the procedure was “bread and butter”) negligently injured her spinal cord during surgery.
* Successfully prosecuted on behalf of a young woman who was paralyzed and permanently injured when her pain management doctor injected her spinal cord during a routine procedure, resulting in her losing the use of her left arm and reducing her left side strength.
* Successfully litigated a product liability case involving a defective lawnmower gas cap that caused an explosion and burned over 70% of our client’s body. After extensive litigation, the case was settled for more than $2 million.
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*Acswit filed a federal medical malpractice lawsuit on behalf of a client who suffered from an advanced and disabling form of breast cancer because the clinic failed to report alarming X-ray results.
* Successfully resolved complex boating accident cases, including: Missouri River boating accident resulting in permanent injuries and damages (case settled for over $500,000); a propeller injury that nearly severed a young man’s arm, resulting in a $500,000 settlement; A product liability case in which our client was injured by the negligent construction of a towable water toy that was designed in such a way that the operator and the person driving the water toy could not see and communicate with each other. The driver was in danger. (Eventually the dangerous product was withdrawn from the market.)
*Achieved $600,000 in compensation for the wrongful death of a disabled young woman at the Beatrice State Developmental Center. A state investigation found a series of errors led to his death, and the state’s top medical official said the center was too dangerous for “medically fragile” residents. The case significantly improved nursing services at BSDC.
*Obtained a $1,653,650 judgment in Lancaster County Circuit Court on behalf of a young man who suffered a traumatic brain injury in a car accident that resulted in ongoing problems with cognitive function, sustained attention, motivation, self-esteem, and social problems. Function.
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* Successfully represented four plaintiffs who contracted hepatitis C after a nurse at a Fremont cancer clinic used common saline on several patients during chemotherapy, resulting in one of the largest hepatitis C outbreaks in our country’s history.
*The tragic case of a three-year-old boy who died after his breathing tube was negligently removed has been successfully resolved following an extensive legal battle. The child was hospitalized with a croup-like condition but required sedation and intubation to treat the infection. When the breathing tube became clogged with secretions, hospital staff made the fateful decision to pull out the tube and not communicate with the doctor for more than ten minutes, resulting in permanent brain damage.
* Successfully litigated a complex medical malpractice case involving a truck driver who survived a single-vehicle accident. As we drove home after another call, an ambulance arrived at the scene and found the truck driver lying in the ditch next to his overturned vehicle. Paramedics stabilized the injured man and took him to the hospital, where they later learned he died due to faulty intubation when he was scheduled for exploratory surgery.
* Successfully litigated a 54-year-old college professor who died after his primary care physician failed to order a timely transesophageal echocardiogram. The teacher felt ill and suffered from recurring fevers for several months, during which he visited the family doctor several times. Every time the doctor thinks the symptoms are a cold or flu instead of ordering a TEA. When the proper test was finally ordered, “massive growth” appeared on the patient’s artificial heart valve.
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* Successful trial for a completely disabled man who was an inspiration to all who knew him. Unfortunately, the client, who was almost immobile and unable to speak, drowned after being left alone in a hot tub due to the caretakers’ negligence.
*Successful representation of the widow of a deceased man
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