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Schmitt, David J.

David J. Schmitt - Omaha, NE

Attorney at Smith Pauley LLP

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Civil Litigation Lawyers in Omaha, NE

3555 Farnam Street Suite 1000 Omaha, NE 68131

402-998-5007 Call Now Email Website Website

Omaha Civil Litigation Lawyer

Updated: 03/02/2026

Areas of Practice

  • Civil Litigation
  • FELA Railroad Defense
  • Personal Injury Litigation
  • Federal and State Court Appeals

Attorney Information

Overview

Dave Schmitt is a partner at Smith Pauley LLP. He represents and advises railroads, trucking companies, insurance companies, businesses, and individuals in a variety of legal matters including railroad litigation under the Federal Employers’ Liability Act, personal injury, product liability, cyber law, business law, and federal and state court appeals.

Dave graduated with honors from Creighton University School of Law, where he was the Assistant Editor of the Creighton Law Review. He earned a Master of Laws degree from the University of Nebraska College of Law, and a Bachelor of Business Administration degree from the University of Iowa.

Prior to entering private practice, he served as a Federal Judicial Law Clerk to the Honorable Lyle E. Strom, Chief Judge of the United States District Court for the District of Nebraska. He has also served as an Adjunct Professor at Creighton University School of Law teaching courses in Trial Practice and Legal Research and Writing.

Awards and Honors

Honors

  • 2024 Best Lawyers (Personal Injury Litigation-Defendants, Railroad Law)

Education

  • Legal Education

    • Creighton University School of Law, Omaha, Nebraska, 1989
      J.D.
      Honors: cum laude
      Law Review: Creighton Law Review, Assistant Editor, 1987 - 1989
    • University of Nebraska College of Law, Lincoln, Nebraska
      LL.M.
      Major: Space, Cyber, and Telecommunications Law

  • Non Legal Education

    • University of Iowa, 1985
      B.B.A.

Current Employment Position(s)

  • Partner

Past Positions

  • Chief Judge Lyle E. Strom, United States District Court, District of Nebraska, Law Clerk, 1989 - 1991
  • Creighton University School of Law, Instructor of Legal Research and Writing, 1990 - 1993

Representative Cases

  • Summary judgment for railroad in federal court FELA toxic tort litigation. Salstrand v. BNSF Ry., No. 4:20-CV-3146 (D. Neb. 2022)
  • Summary judgment for railroad in federal court FELA toxic tort litigation. Robinson v. BNSF Ry., No. 4:20-CV-3142 (D. Neb. 2022)
  • Summary judgment for railroad in federal court FELA toxic tort litigation. Brown v. Union Pac. R.R., 2020 WL 3428984 (D. Neb. 2020)
  • Judgment for railroad on decedent’s survival claim in FELA case. West v. Union Pac. R.R., 2019 WL 7586542 (D. Neb. 2019)
  • Judgment for railroad in Iowa state court crossing accident litigation where plaintiff alleged traumatic brain injury. Dreher v. Union Pac. R.R., No. LACV116818 (Pottawattamie Cnty., Iowa 2019)
  • Defense jury verdict for railroad in FELA lawsuit where plaintiff sought $10,000,000 alleging total disability. Wilhite v. Union Pac. R.R., No. 8:10-CV-306 (D. Neb. 2012)
  • Jury verdict for railroad in Iowa state court FELA lawsuit requiring plaintiff pay court costs. Olsen v. Union Pac. R.R., No. LACV102046 (Pottawattamie Cnty., Iowa 2012)
  • Defense jury verdict for railroad in Nebraska state court FELA lawsuit where plaintiff sought $2,000,000 for injuries plaintiff alleged caused permanent disability. Smith v. Union Pac. R.R., Doc. 1080 No. 553 (Douglas Cnty., Neb. 2010)
  • Smith v. Union Pac. R.R., 2010 WL 4109317 (Neb. App. 2010) (Nebraska Court of Appeals affirming defense jury verdict)
  • Ballard v. Union Pac. R.R., 279 Neb. 638, 781 N.W.2d 47 (2010) (Nebraska Supreme Court holding a railroad is not liable under FELA for intentional torts by co-workers)
  • City of Lincoln v. Nebraska Pub. Power Dist., 10 Neb. App. 713, 636 N.W.2d 645 (2001)
  • Nebraska Pub. Power Dist. v. MidAmerican Energy Co., 234 F.3d 1032 (8th Cir. 2000)
  • McLaughlin v. Hellbusch, M.D., 256 Neb. 615, 591 N.W.2d 569 (1999)
  • Anderson v. Nissan Motor Co., 139 F.3d 599 (8th Cir. 1998)
  • Weaver v. Cheung, M.D., 254 Neb. 349, 576 N.W.2d 773 (1998)
  • Wagner v. Pope, M.D., 247 Neb. 951, 531 N.W.2d 234 (1995)
  • Barone v. Rich Bros. Interstate Display Fireworks Co., 25 F.3d 610 (8th Cir.), cert. denied, 513 U.S. 948 (1994)

Published Works

Articles

  • David J. Schmitt, Comment, The Constitutional Ramifications of a Universal, Mandatory Testing Program for the Acquired Immunodeficiency Syndrome, 21 Creighton L. Rev. 859 (1988)
  • David J. Schmitt, The Computer Fraud And Abuse Act Should Not Apply To The Misuse Of Information Accessed With Permission, 47 Creighton L. Rev. 423 (2014)

Bar Admissions

  • Nebraska, 1989
  • Iowa, 1995
  • U.S. Supreme Court, 1994
  • U.S. District Court District of Nebraska
  • U.S. Court of Appeals 8th Circuit, 1997
  • U.S. District Court Northern District of Iowa
  • U.S. District Court Southern District of Iowa
  • U.S. District Court Eastern District of Wisconsin
  • U.S. District Court Eastern District of Arkansas

Other Affiliations

  • American Board of Trial Advocates (ABOTA)
  • National Association of Railroad Trial Counsel (NARTC)
  • Nebraska Bar Association
  • Iowa Bar Association
  • Omaha Bar Association

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Contact

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Omaha, NE

3555 Farnam Street
Suite 1000
Omaha, NE 68131

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Phone: 402-998-5007

Email: Send a message

  • Credit Cards Accepted

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