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.

Career Highlights

  • 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)

Education

  • University of Nebraska College of Law, LL.M. (Space, Cyber, and Telecommunications Law)

  • Creighton University School of Law, J.D., cum laude

  • University of Iowa, B.B.A.

Admitted to Bars and Courts

  • Nebraska

  • Iowa

  • United States District Court for the District of Nebraska

  • United States District Court for the Northern District of Iowa

  • United States District Court for the Southern District of Iowa

  • United States District Court for the Eastern District of Wisconsin

  • United States District Court for the Eastern District of Arkansas

  • United States Court of Appeals for the Eighth Circuit

  • Supreme Court of the United States

Memberships, Boards and Committees

  • American Board of Trial Advocates (ABOTA)

  • National Association of Railroad Trial Counsel (NARTC)

  • Nebraska Bar Association

  • Iowa Bar Association

  • Omaha Bar Association

 Publications

  • 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).

  • David J. Schmitt, Comment, The Constitutional Ramifications of a Universal, Mandatory Testing Program for the Acquired Immunodeficiency Syndrome, 21 Creighton L. Rev. 859 (1988).

Honors and Recognitions

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