Diana J. Vogt - an Omaha, Puerto Rico Civil Litigation Lawyer

Omaha Civil Litigation Lawyer

Updated: 03/10/2026

Areas of Practice

Civil Litigation 80%
Discrimination Litigation 10%
Probate Litigation 10%

Litigation: 100%

Attorney Information

Overview

Diana Vogt has more than 35 years of civil litigation experience. Ms. Vogt has experience litigating disputes involving complex insurance and business disputes, real estate sales, broker commissions, and failure to disclose defects in commercial property. Ms. Vogt has also represented clients in cases involving construction defects, architect, engineer, and legal malpractice, and medical products liability. She has represented interest holders in business entity disputes, litigated insurance and reinsurance disputes and drafted insurance policies. Ms. Vogt also has experience litigating employment law, discrimination, and civil rights cases on behalf of both plaintiffs and defendants as well as complex cases involving federal statutes, including ERISA and FINRA. Ms. Vogt also represents litigants in contested probate proceedings.

Some of Ms. Vogt's notable litigation results include obtaining an order directing performance of a real estate transaction worth more than $4 million, a settlement of $1 million for a bank's failure to disclose the existence of mold in a sale of commercial property and enforcing covenants on land protecting a golf course from development for other uses. Ms. Vogt also obtained a verdict in a legal malpractice case of $1.8 million plus disgorgement of $360,000 in attorney's fees. In 2021 Ms. Vogt settled a legal malpractice case obtaining $405,000 for her client after only 5 months of litigation. She successfully defended a suit alleging FINRA violations by negotiating an agreement that included no monetary payment by her client and successfully represented one of the defendants in a suit under ERISA seeking damages of approximately $6 million. Ms. Vogt is knowledgeable about the federal courts' jurisdictional and procedural requirements and has successfully obtained transfer of at least three federal court cases for lack of personal jurisdiction and/or improper venue and has briefed the issue of venue to the United States Supreme Court.

In addition to her experience trying cases, Ms. Vogt has an active appellate practice, appearing regularly in front of the Nebraska Supreme Court and Court of Appeals, including pursuing appeals in cases tried by other attorneys. In cases appealed for other counsel Ms. Vogt has twice succeeded in overturning a jury verdict and expanding the law of negligence to make an anesthesiologist responsible for the negligence of members of his team. Ms. Vogt has handled 10 appeals that were issues of first impression and, although unsuccessfully, asked the Nebraska Supreme Court to change the way the "locality rule" in medical malpractice cases is applied.

Ms. Vogt has argued cases to the United States Court of Appeals for the Eighth and Ninth Circuits and submitted briefs to the Third and Fifth Circuit Courts. Ms. Vogt is admitted to the Bar of the United States Supreme Court, the United States District and Bankruptcy Courts for the District of Nebraska, and the United States Courts of Appeal for the Third, Fifth, Eighth, and Ninth Circuits.

Ms. Vogt has authored articles about the strategic use of the Federal Rules of Civil Procedure and the law of civil contempt. Ms. Vogt is a past recipient of the Omaha Bar Association's Public Service Award.

Ms. Vogt is also available to act as a mediator in lawsuits involving discrimination, civil rights, employment and insurance disputes.

Awards and Honors

Honors

Omaha Bar Association Public Service Award, 2007

Education

Legal Education
- Creighton University School of Law, Omaha, Nebraska
  J.D.
  Honors: magna cum laude
  Honors: Winner Moot Court Competition
  Law Review: Creighton Law Review, Lead Articles Editor, 1989 - 1990
Non Legal Education
- Boise State University , Boise, Idaho, 1984
  B.A.
  Honors: With Honors
  Major: Communications

Current Employment Position(s)

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Member
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Past Positions

Sherrets Bruno & Vogt LLC, Member, 2009 - 2011
Sherrets & Boecker LLC, Sr. Associate, 2006 - 2008
Ex Parte Legal Services, Owner/Operator, 1998 - 2006
Kutak Rock, Associate, 1990 - 1998
Kutak Rock, Summer Associate, 1989 - 1998
Kiewit & Sons Co., Law Clerk, 1988 - 1989

Languages

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English
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Classes and Seminars

Trial Practice, Creighton Law School, 2001 - 2003
Competitive Moot Court, Creighton Law School, 2001 - 2003

Pro Bono Activities

Omaha Bar Association: Host Ask A Lawyer radio program, 2000 - 2006

Representative Cases

Skyline Woods Homeowners Ass'n v. Broekemeier
- Citation: 276 Neb. 792, 785 N.W.2d 376
- Court: Nebraska Supreme Court
- Year: 2008
Breeden v. Anesthesia West, P.C.
- Citation: 265 Neb. 356, 656 N.W.2d 913
- Court: Nebraska Supreme Court
- Year: 2003
Blose v. Mactier
- Citation: 252 Neb. 333, 562 N.W.2d 363
- Court: Nebraska Supreme Court
- Year: 1997
CVA v. Leonard, et al.
- Citation: 986 F.3d 1082
- Court: United States Court of Appeals for the Eighth Circuit
- Year: 2021
In re Sandpoint Cattle Company, LLC (professional negligence)
- Citation: 553 B.R. 704
- Court: United States Bankruptcy Court for the District of Nebraska
- Year: 2016
In re Sandpoint Cattle Company, LLC (disgorgement of fees)
- Citation: 556 B.R. 408
- Court: United States Bankruptcy Court for the District of Nebraska
- Year: 2016

Ancillary Businesses

Mediation -- Employment and Discrimination cases

Published Works

Articles

Discovery Under the Federal Rules of Civil Procedure: Tips and Traps, Nebraska Lawyer, April, 1999
How to Get WHO You Want WHERE You Want Them WHEN It's Important in Federal Court, The Nebraska Lawyer, August, 1999
Modern Discussion of a Venerable Power: Civil Versus Criminal Contempt and Its Role in Child Support Enforcement: Hicks v. Feiock, Creighton Law Rev., 22 Creighton L. Rev. 163, 1988
Discussion of use and misuse of civil contempt power.

Bar Admissions

Nebraska, 1990
U.S. District Court District of Nebraska, 1990
U.S. Court of Appeals 5th Circuit, 1992
U.S. Supreme Court, 2009
U.S. Court of Appeals 8th Circuit, 1994
U.S. Court of Appeals 9th Circuit, 2009
U.S. Court of Appeals 3rd Circuit, 2018

Other Affiliations

Nebrasa Bar Association, 1990 - Present (Member)
Omaha Bar Association, 1990 - Present (Member)
Probate Real Estate Section of Nebraska Bar (Member)
Appellate Section Nebraska Bar Association (Member)

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Contact

Omaha, NE

260 Regency Parkway Drive
Suite 200
Omaha, NE 68114

Directions

Phone: 402-390-1112

Fax: 402-390-1163

Email: Send a message

Website: https://www.sherretslaw.com

Credit Cards Accepted

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Diana J. Vogt - Omaha, NE