Cassem, Tierney, Adams, Gotch & Douglas

Of Counsel

For more than 35 years, Mr. Novotny’s practice has included handling all areas of civil litigation representing clients in all courts, tribunals, alternative dispute resolution forums, arbitrations and with governmental regulatory bodies and agencies. Mark regularly represents individuals, corporations, partnerships, governmental entities in all types of complex commercial, professional, insurance, corporate and business litigation in federal and state courts including handling business disputes, intellectual property matters, environmental issues, and regulatory compliance.

Away from work, Mark enjoys all aspects of participating and watching sports, fishing, family, and time at his cabin.

Additional Info

2025 AV Preeminent, Martindale-Hubbell

AV rated by Martindale-Hubbell (highest possible rating based upon peer review)

Defense Counsel of the Year by the Nebraska Defense Counsel Association

Lifetime Fellow of the Nebraska State Bar Foundation

Best Lawyers Recipient, 2019 to present

Best Lawyers – Commercial Litigation 2019-2026

Best Lawyers Medical Malpractice Law – Defendants 2019-2026

Timothy Wagner v. Gennaro J. Orrico, et al, 8* Circuit Court of Appeals, 8:94CV116.
Large complex commercial litigation dealing with RICO, civil fraud and insurance receivership with the 8th Circuit Court of Appeals affirming Mr. Novotny’s client’s judgment in the amount of $50.1 million for his client.

Hoffart v. Hodge, 5 Neb.App. 838, 567 N.W.2d 600. Complex case involving two appeals affirming twice jury verdicts in favor of Mr. Novotny’s clients and setting the standard for habit and routine evidence and scope of expert testimony standards.

Chism v. Campbell, 250 Neb. 921, 553 N.W.2d 741. Medical malpractice matter affirming a judgment in favor of Mr. Novotny’s client refining the establishment of the use of the doctrine of res ipsa loquitor in medical negligence case.

Waite v. Carpenter, 1 Neb.App. 321, 496 N.W.2d 1 and Waite v. Carpenter, 3 Neb.App. 879, 533 N.W.2d 917. Complicated series of six lawsuits establishing the doctrine of the unauthorized practice of law in this field upholding dismissal for Mr. Novotny’s clients.

Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102. Involved medical negligence cases establishing in Nebraska the legal doctrine of not recognizing a cause of action for wrong birth of a viable child in favor of Mr. Novotny’s client.

Stetson v. Silverman, 278 Neb. 389. Original mandamus action to the Nebraska Supreme Court establishing the standard for protection of Nebraska State Agency privileges.

Mr. Novotny has taken approximately 78 cases to jury verdict in the areas of business disputes, professional negligence, complex commercial litigation, personal injury, civil RICO, environmental, product liability real property issues, will contest, breach of contract, construction law, insurance coverage, agricultural law, employment law, FELA, crossing accidents and intellectual property.

Product liability cases include appliance cases, fire, defective materials, defective construction.

Associate

Admissions:

State of Nebraska
United States District Court for the District of Nebraska

Mr. Brower provides effective representation to clients in litigation and dispute resolution. He graduated from the University of Minnesota Law School in 2021. While at the University of Minnesota, he served as: President of the Litigation and Trial Advocacy Group, a competition team member on the National Energy & Sustainability Moot Court team, Lead Online Editor for the Minnesota Journal of Law & Inequality, Commissioner of the Student and Professor Ping Pong Association (SP3), and a role player for the Fighting Mondales Hockey Team.

Associate

Admissions:

State of Nebraska
State of Iowa
State of Texas
United States District Court for the District of Nebraska
United States Court of Appeals for the Eighth Circuit

Mr. Faz graduated from the University of Nebraska College of Law in 2020. While at UNL, he served as a member of the Nebraska Law Review while also publishing several of his written work. Mr. Faz excelled academically earning him numerous honors and awards during his tenure at Nebraska Law including awards for his writing skills and seven CALI Excellence for the Future Awards.

Appellate Cases in Which Participated:

Hyer v. Target Corp., 2023 WL 3829393 (Neb. Ct. App., June 6, 2023);
Ulrich v. Arjo-Century Distributing Inc., No. A-22-656, 2023 WL 3311570 (Neb. Ct. App. May 9, 2023);
Ag Valley Coop. v. Servinsky Eng’r, LLC., 311 Neb. 665, 974 N.W.2d 324 (2022);
Mehner v. Maxell, No. A-20-909, 2021 WL 5456937 (Neb. Ct. App. Nov. 23, 2021);
Snitker v. Seabright Ins. Co., No. 20:0986, 2021 WL 2453368 (Iowa Ct. App. June 16, 2021).

Of Counsel

Professional Experience: Mr. Grennan has written Settlement Techniques in Multiparty Cases and Liability of Component Part Manufactures for Nebraska Continuing Legal Education, Inc. He has also written Bad Faith and Extracontractual Remedies in Nebraska on behalf of Professional Education Systems, Inc.; Insurance Coverage Contract Language 101 and Common Types of Insurance Coverage Disputes for National Business Institute.

Honors and Awards: He is a fellow in the Nebraska State Bar Foundation. Mr. Grennan has received an AV rating from Martindale-Hubbell. He received the President’s Professionalism Award from The Nebraska State Bar Association.

Appellate Cases in Which Participated:

In re Floors & More, Inc., United States Bankruptcy Court, D. Nebraska, 2007 WL 4377812 (2007);
Hank’s Specialties, Inc. v. Walsh Const. Co., United States District Court, D. Nebraska, 2007 WL 1362705 (2007);
Dobson Bros. Const., Co. v. Ratliff, Inc., United States District Court, D. Nebraska, 2008 WL 523915 (2008);
In re EDM Corp., United States Bankruptcy Court, D. Nebraska, 2009 WL 6338012 (2009);
Kountze v. Gaines, United States District Court, D. Nebraska, 2007 WL 1662080 (2007);
Blumenthal v. Cronk, United States District Court, D. Nebraska, 2011 WL 4632925 (2011)
U.S. ex rel, Raynor v. National Rural Utilities Co-op. Finance Corp., United States District Court, D. Nebraska, 2011 WL 2581186 (2011);
Schendt v. Dewey, Supreme Court of Nebraska, 252 Neb. 979, 568 N.W.2d 210 (1997);
Peterson v. Nebraska Natural Gas Co., Supreme Court of Nebraska, 204 Neb. 136, 281 N.W.2d 525 (1979);
Geiler v. Jones, United States District Court, D. Nebraska, 2006 WL 407683 (2006);
Strong v. E. I. DuPont de Nemours Co., Inc., United States Court of Appeals, Eighth Circuit, 667 F.2d 682 (1981);
Garcia v. Howard, Supreme Court of Nebraska, 200 Neb. 57, 262 N.W.2d 190 (1978);
Kinman v. Omaha Public School Dist., United States Court of Appeals, Eighth Circuit, 171 F.3d 607 (1999);
Auto Services Co., Inc. v. KPMG, LLP, United States Court of Appeals, Eighth Circuit, 537 F.3d 853 (2008);
ASARCO, LLC v. Union Pacific R. Co., United States Court of Appeals, Eighth Circuit, 762 F.3d 744 (2014);
U.S. ex rel. Raynor v. National Rural Utilities Co-op. Finance, Corp., United States Court of Appeals, Eighth Circuit, 690 F.3d 951 (2012);
Kountze ex rel. Hitchcock Foundation v. Gaines, United States Court of Appeals, Eighth Circuit, 536 F.3d 813 (2008);
McDaniel v. McNeil Laboratories, Inc., Supreme Court of Nebraska, 196 Neb. 190, 241 N.W.2d 822 (1976);
Lang v. City of Omaha, United States Court of Appeals, Eighth Circuit, 186 F.3d 1035;
Japp v. Papio-Missouri River Natural Resources Dist., Supreme Court of Nebraska, 271 Neb. 968, 716 N.W.2d 707 (2006);
Hatfield v. Bishop Clarkson Memorial Hosp., United States Court of Appeals, Eighth Circuit, 679 F.2d 1258 (1982);
Heidemann v. Rother, United States Court of Appeals, Eighth Circuit, 84 F.3d 1021 (1996);
Resolution Trust Corp. v. Management, Inc., United States District Court, D. Nebraska, 1993 WL 666700 (1993);
Kinman v. Omaha Public School Dist. United States Court of Appeals, Eighth Circuit, 94 F.3d 463 (1996);
Doe v. Zedek, Supreme Court of Nebraska, 255 Neb. 963, 587 N.W.2d 885 (1999);
Anderson v. Industrial Elec. Reels, Inc., United States District Court, D. Nebraska, 812 F.Supp. 999 (1993);
Larson by Larson v. Miller, United States Court of Appeals, Eighth Circuit, 55 F.3d 1343 (1995);
Resolution Trust Corp. v. Management, Inc., United States Court of Appeals, Eighth Circuit, 25 F.3d 627 (1994);
Wood v. McGrath, North, Mullin & Kratz, P.C., Supreme Court of Nebraska, 256 Neb. 109, 589 N.W.2d 103 (1999);
Morgan v. Contractors, Laborers, Teamsters and Engineers Pension Plan, United States Court of Appeals, Eighth Circuit, 287 F.3d 716 (2002);
Matter of Eugene L. Pieper, P.C., United States Bankruptcy Court, D. Nebraska, 202 B.R. 294 (1996);
Oriental Trading Co., Inc. v. Firetti, United States Court of Appeals, Eighth Circuit, 236 F.3d 938 (2001);
Krehnke v. Farmers Union Co-op. Ass’n, Supreme Court of Nebraska, 199 Neb. 632, 260 N.W.2d 601 (1997);
Larson by Larson v. Miller, United States Court of Appeals, Eighth Circuit, 76 F.3d 1446 (1996);
Dowd Grain Company, Inc. v. County of Sarpy, Supreme Court of Nebraska, 291 Neb. 620, 867 N.W.2d 599 (2015);
Bridgeford v. U-Haul Co., Supreme Court of Nebraska, 195 Neb. 308, 238 N.W.2d 443 (1976);
Dvorak v. Bunge Corp., Supreme Court of Nebraska, 256 Neb. 341, 590 N.W.2d 682 (1999);
Hawkins Const. Co. v. International Ass’n of Bridge, Structural and Ornamental Iron Workers Local No. 21 of Omaha, Court of Appeals of Nebraska, 3 Neb.App. 238, 525 N.W.2d 637 (1994);
Page County Appliance Center, Inc. v. Honeywell, Inc., Supreme Court of Iowa, 347 N.W.2d 171, 45 A.L.R.4th 1191 (1984);
Dowd Grain Co., Inc. v. County of Sarpy, Court of Appeals of Nebraska, 810 N.W.2d 182 (2012);
Kluver v. Deaver, Supreme Court of Nebraska, 271 Neb. 596, 714 N.W.2d 1 (2006);
Tiefenthaler v. Citywide Ins., Inc., Court of Appeals of Nebraska, 2012 WL 502731 (2012);
Kuhn v. Wells Fargo Bank of Nebraska, N.A., Supreme Court of Nebraska, 278 Neb. 428, 771 N.W.2d 103 (2009);
Parrish v. Omaha Public Power Dist., Supreme Court of Nebraska, 242 Neb. 783, 496 N.W.2d 902 (1993);
U.S. ex rel. Raynor v. National rural Utilities Co-op Finance Corp., United States District Court, D. Nebraska, 2011 WL 976482 (2011);
Stevens v. Downing, Alexander, Wood & Ilg, Supreme Court of Nebraska, 269 Neb. 347, 693 N.W.2d 532 (2005);
Global Credit Services, Inc. v. AMISUB (Saint Joseph Hosp.), Inc., Supreme Court of Nebraska, 244 Neb. 681, 508 N.W.2d 836 (1993);
Sanitary and Improvement District No. 196 of Douglas County v. City of Valley, Supreme Court of Nebraska, 290 Neb. 1, 858 N.W.2d 553;
Hatfield, by Hatfield v. Bishop Clarkson Memorial Hosp., United States Court of Appeals, Eighth Circuit, 701 F.2d 1266 (1983);
Doe v. Gunny’s Ltd. Partnership, Supreme Court of Nebraska, 256 Neb. 653, 593 N.W.2d 284 (1999);
Hammond v. Nebraska Natural Gas Co., Supreme Court of Nebraska, 204 Neb. 80, 281 N.W.2d 520 (1979);
McCoolidge v. Oyvetsky, Supreme Court of Nebraska, 292 Neb. 955, 874 N.W.2d 892 (2015);
Greenhall Investments, L.L.C. v. Wiese Development Corp., Court of Appeals of Nebraska, 14 Neb. App. 155, 706 N.W.2d 552 (2005);
No Frills Supermarkets, Inc. v. Brookside Omaha Ltd. Partnership, Court of Appeals of Nebraska, 2011 WL 2624932 (2011).

Of Counsel

Ron was named the Best Lawyers® Legal Malpractice Law – Defendants 2022; Product Liability Litigation – Defendants 2019 and 2022; and Personal Injury Litigation – Defendants 2019 and 2022 for Omaha. He was also the Best Lawyers 2017 “Lawyer of the Year” for Personal Injury Litigation – Defendants for Omaha.

Honors and Awards: ABOTA Advocate. Nebraska Lion’s Eye Bank: Chairman of the Board of Directors (2015-2016). Preeminent AV Rating from Martindale-Hubbell.

Professional Experience: Joined Cassem, Tierney, Adams, Gotch & Douglas in 1979.

Admissions:
State of Nebraska
United States District Court for the District of Nebraska
United States Court of Appeals for the Eighth Circuit

Published Appellate Cases in which Participated:

Omaha Bank for Cooperatives v. Aetna Cas. And Sur. Co., 207 Neb. 782, 301 N.W.2d 564 (January 30,1981);
Chrismans v. Greyhound Bus Lines, Inc., 208 Neb. 6, 301 N.W.2d 595 (February 6, 1981);
Esbenshade v. National Life Ins. Co., 208 Neb. 216, 303 N.W.2d 272 (March 6, 1981);
Jensen v. Universal Underwriters Ins. Co., 208 Neb. 487, 304 N.W.2d 51 (April 3, 1981);
Rhein v. Caterpillar Tractor Co., 210 Neb. 321, 314 N.W.2d 19 (January 4, 1982);
Prudential Ins. Co. of America v. Greco, 211 Neb. 342, 318 N.W.2d 724 (April 23, 1982);
In Re Estate of Nicholson, 211 Neb. 805, 320 N.W.2d 739 (June 11, 1982);
Rudolf v. Tombstone Pizza Corp., 214 Neb. 276, 333 N.W.2d 673 (May 6, 1983);
Knight v. H&H Chevrolet, 215 Neb. 166, 337 N.W.2d 742 (August 12, 1983);
In re Estate of Nicholson, 216 Neb. 400, 343 N.W.2d 758 (February 3, 1984);
Condon v. A. H. Robins Co., Inc., 217 Neb. 60, 349 N.W.2d 622 (April 20, 1984);
MacMillen v. A. H. Robins Co., Inc., 217 Neb. 338, 348 N.W.2d 869 (May 11, 1984);
Equitable Life Assur. Soc. Of U.S. v. Joiner, 222 Neb. 504, 384 N.W.2d 636 (April 11, 1986);
Nekuda v. Waspi Trucking, Inc., 222 Neb. 806, 388 N.W.2d 438 (May 30, 1986);
Peterson v. Cisper, 231 Neb. 450, 436 N.W.2d 533 (March 10, 1989);
Hansl v. Creighton University, 243 Neb. 21, 497 N.W.2d 63 (March 19, 1993);
Gerken v. Hawkins Const. Co., 243 Neb. 157, 498 N.W.2d 97 (April 9, 1993);
Lindsay Mfg. Co. v. Universal Sur. Co., 246 Neb. 495, 519 N.W.2d 530 (July 29, 1994);
Scharmann v. Dayton Hudson Corp., 247 Neb. 304, 526 N.W.2d 436 (January 27, 1995);
Wise v. Omaha Public Schools, 271 Neb. 635, 714 N.W.2d 19 (May 26, 2006);
Erickson v. U-Haul Intern., Inc., 274 Neb. 236, 2007 WL 2521569 (September 7, 2007);
Erickson v. U-Haul Intern., 278 Neb. 18, 767 N.W.2d 765 (July 2, 2009);
Wright v. Omaha Public School Dist., 280 Neb. 941, 791 N.W.2d 760 (December 10, 2010);
Thomas v. Board of Trustees of the Nebraska State Colleges, 2016 WL 3564252 (8th Cir. 2016).

Partner

Admissions:
State of Nebraska
United States District Court for District of Nebraska
United States Court of Appeals for the Eighth Circuit
United States Supreme Court

Professional Experience: Served as a law clerk to Chief Judge C. Arlen Beam of the United States District Court for the District of Nebraska in 1985. Served as a law clerk to Chief Judge Lyle E. Strom of the United States District Court for the District of Nebraska from 1985 to 1987.  Joined Cassem, Tierney in 1987. Identified as ‘Super Lawyer’ by peers in 2013. Received a 5.0/5.0 peer review and an AV Preeminent rating from Martindale-Hubbell. General Counsel (Pro Bono), Boys & Girls Clubs of the Midlands, 2007 to present.

Published Appellate Cases in Which Participated:

First Federal Sav. & Loan Assín of Colorado Springs v. Wyant, 238 Neb. 741, 472 N.W.2d 386 (1991)
Shelter Ins. Companies v. Frohlich, 243 Neb. 111, 498 N.W.2d 74 (1993)
Lindsay Mfg. Co. v. Universal Sur. Co., 246 Neb. 495, 519 N.W.2d 530 (1994)
Marus v. Universal Terrazzo & Tile Co., 195 WL 33319 (1995)
In Re Estate of Foxley, 6 Neb. App. 1, 568 N.W.2d 912 (1997)
In Re Estate of Foxley, 254 Neb. 2304, 575 N.W.2d 150 (1998)
U.S. ex rel. Raynor v. National Rural Utilities Co-Op Finance Corp., 690 F.3d 951, 2012 WL 3600303 (2012)
Thomas v. Board of Trustees of the Nebraska State Colleges, 2016 WL 3564252 (8th Cir. 2016)

Partner

Partner

Honors:
Dennis was been named Best Lawyers® for Worker’s Compensation Law – Employers, for Omaha in 2018, 2019 and 2022; and Best Lawyers for Worker’s Compensation Law – Claimants for Omaha in 2015, 2017, 2019 and 2022.

College of Workers’ Compensation Lawyers Fellow (2017)

Dennis has been inducted into the National Academy of Distinguished Neutrals (NADN). Mr. Riekenberg expanded his practice to include assisting litigants as a mediator in 2015, and has mediated well over 100 workers’ compensation matters in that last five years.

The National Academy of Distinguished Neutrals is a professional association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution. Membership is by invitation only and all Academy members have been thoroughly reviewed and found to meet stringent practice criteria. Members are amongst the most in-demand neutrals in their respective states, as selected by their peers and approved by local litigators.

VIEW MEDIATION CALENDAR

Admissions:
State of Nebraska
State of Iowa
United States District Court for District of Nebraska
United States Court of Appeals for the Eighth Circuit

Professional Experience:
Served as a law clerk to the Honorable William C. Hastings, Justice of the Nebraska Supreme Court, from 1981 to 1982. Joined Cassem Tierney in 1982. Member and served as President of the Workers’ Compensation Section of the Nebraska Bar Association in 2013. Selected by peers for inclusion in Best Lawyers in America publication – Workers’ Compensation Law. He has received an AV Preeminent rating from Martindale-Hubbell.

Published Appellate Cases in Which Participated:
Reeder v. Reeder, 217 Neb. 120, 348 N.W.2d 832 (Neb., 1984).
Brouilette v. DBV Enterprises, Inc., 9 Neb. App. 757, 619 N.W.2d 482 (Neb. App., 2000).
Morin v. Industrial Manpower, 13 Neb.App. 1, 687 N.W.2d 704 (Neb. App., 2004).
Murphy v. City of Grand Island, 274 Neb. 670, 742 N.W.2d 506 (Neb., 2007).
Nippert v. Shinn Farm Const. Co., 223 Neb. 236, 388 N.W.2d 820 (Neb., 1986).
Sidel v. Spencer Foods, 215 Neb. 325, 338 N.W.2d 616 (Neb., 1983).
Haakinson & Beaty Co. v. Inland Ins. Co., 216 Neb. 426, 344 N.W.2d 454(Neb., 1984).
Gray v. Fuel Economy Contracting Co., 236 Neb. 937, 464 N.W.2d 366 (Neb., 1991).
Doty v. Aetna Life & Cas., 217 Neb. 428, 350 N.W.2d 7 (Neb., 1984).
Maxey v. Fremont Dept. of Utilities, 220 Neb. 627, 371 N.W.2d 294 (Neb., 1985).
Kaufman v. Control Data, 237 Neb. 224, 465 N.W.2d 727 (Neb., 1991).
Kalhorn v. City of Bellevue, 227 Neb. 880, 420 N.W.2d 713 (Neb., 1988).
McDaniel v. W. Sugar Coop., 23 Neb. App. 35 (Neb. App., 2015).
Tchikobava v. Albatross Express, LLC, 293 Neb. 223 (Neb., 2016).
Hayden v. Ameristar Casino Council Bluffs, 641 N.W.2d 723 (Iowa, 2002).

Of Counsel

Mr. Gotch has received an AV rating from Martindale-Hubbell.

Mr. Gotch is recipient of the Foundation Award from the Nebraska State Bar Association. The Foundation Award honors exemplary service to the Foundation and is presented to lawyers who have made, and who continue to make, a strong commitment to the goals of the Foundation.

Of Counsel

Brien was named the Best Lawyers® 2022 “Lawyer of the Year” in the practice area of Medical Malpractice Law – Defendants in Omaha and Best Lawyers 2020 in Omaha for Personal Injury Litigation – Defendants.

Admissions:
State of Nebraska
United States District Court for District of Nebraska
United States Court of Appeals for the Eighth Circuit
United States Supreme Court