Kathleen Neary

kathleen@vpowerslaw.com

Provides legal counsel and representation for seriously injured persons due to the carelessness of others.

Kathleen Neary has been a trial lawyer with Powers Law since 1998. Kathleen has litigated hundreds of personal injury cases on behalf of clients who were seriously injured or killed due to the negligence of others. She has also prosecuted hundreds of cases on behalf of victims of employment and housing discrimination, harassment, and retalitation, 1st Amendment violations, whistleblower and wage and hour claims. Kathleen’s experience, knowledge, passion, and well-honed trial skills have resulted in significant jury verdicts and settlements for her clients.

Kathleen is a fellow with the American College of Trial Attorneys (ACTL) and is a past president of the Nebraska Association of Trial Attorneys (NATA). The ACTL limits its membership to 1% of trial lawyers in North America.

Education:

Admitted To Practice:

  • Nebraska Supreme Court
  • United States District Court for the District of Nebraska
  • United States Court of Appeals for the Eighth Circuit

Concentrates In:

  • Wrongful Death
  • Serious Personal Injury
  • Wage and Hour Claims
  • Employment Discrimination, Harassment, and Retaliation
  • Equal Pay Act
  • Whistleblower Claims
  • 1st Amendment Violations
  • Housing Discrimination, Harassment, and Retaliation

Memberships/Organizations:

  • Fellow, American College of Trial Lawyers, 2023-Present
  • President, Nebraska Association of Trial Attorneys (NATA), 2016
  • Member, NATA Board of Directors, 2001-Present
  • Chair, Employment Rights Section of American Association of Justice (AAJ), 2018
  • Member, Great Plains Super Lawyers, 2009-Present
  • Member, AAJ Employment Rights Executive Committee, 2014-2018
  • Member, American Association of Justice (AAJ) 1998-Present
  • Member, National Employment Lawyers Association (NELA)
  • President, Nebraska NELA, 2013
  • Member, Nebraska State Bar Association (NSBA), 1993
  • Member, Executive Committee, NSBA Labor Relations & Employment Law Section, 2023-Present
  • Vice Chair, NSBA Labor and Employment Section, 2012-2013
  • Member, NSBA House of Delegates, 1999-2006
  • Member, NSBA Woman and the Law Section
  • Member, NSBA, 1996-Present

Community Involvement:

  • Vice Chair, City of Lincoln, Nebraska, Charter Revision Committee, 2023-Present
  • Member, City of Lincoln, Nebraska, Charter Revision Committee, 2007-Present
  • Member, Lancaster County Personnel Board 2003-2013
  • Member, Board of Directors, Clyde Malone Community Center, 2011-2018
  • Has chaired numerous legal seminars on trial practice
  • Frequent lecturer at continuing legal education seminars

Professional Recognition

  • Elected by Nebraska Lawyers to serve on the County Court Judicial Nominating Committee for the 3rd District
  • Elected by Nebraska Lawyers to serve on the District Court Judicial Nominating Committee for the 3rd District
  • Member, Merit Selection Committee for selection of United States District Court Magistrate Judges, 2016
  • Recipient, Outstanding Contributor to NSBA Woman and the Law Section, 2015

Cases of Interest:

  • Galloway v. Husker Auto Group, LLC, 318 Neb. 178 (2025). Secured reversal of trial court’s grant of summary judgment in favor the employer in a whistleblower and public policy violation case on behalf of the employee. Held: “Viewing the evidence in the light most favorable to Galloway and giving her the benefit of all reasonable inferences from the evidence, we determine that the record presents conflicting testimony and evidence regarding Husker Auto’s involvement in the alleged scheme and regarding its knowledge of Galloway’s investigation.” 
  • 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: ” 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.

Employment:

  • Attorney, Powers Law, 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