Dan Lindstrom has developed a broad variety of practice areas since joining the firm in 1986. He first gained proficiency in litigation of a number of subject matters, including insurance, personal injury, business, agriculture, natural resources, water, zoning, annexation and other disputes. Whether litigating in trial courts or appellate courts, or representing clients before administrative agencies and local governmental boards, Dan has many years of experience as an advocate for his clients. This broad experience gives Dan a practical perspective and versatile ability in litigation, as well as in documenting business transactions in ways that may help avoid litigation.

Dan’s farming heritage, agricultural education and interest in agriculture have allowed him to become an advocate for Nebraska agriculture and agribusiness development. This has developed into his extensive work in ethanol and biofuels, resulting in more than a decade of work in the development and operation of plants and litigation associated with them. His ability to speak to and understand both the business concepts and the scientific concepts associated with agri-business makes Dan a valuable resource to his clients. Whether it is a corporate, real estate, construction, livestock, water or a personal injury issue arising in a farming or agribusiness context, his background, education and experience enable him to credibly speak the language of those involved.

Dan has represented parties in matters that are on the cutting edge of water law, including litigation of water rights, the emerging water transfers market, transactional work associated with acquisition of surface water irrigation for purposes of groundwater recharge and stream augmentation, as well as drainage, water quantity and water quality cases. His water law clients include farmers and landowners, insurers, irrigation districts and companies, NRDs, municipalities and other political subdivisions.

Dan has also worked extensively for economic development and business clients in the Kearney area and in Greater Nebraska. In addition to his years of experience in zoning, land use development and tax increment financing (TIF) law, Dan’s general business practice involves business planning, entity creation and corporate work for a number of business, retail and manufacturing clients in the Kearney area. Dan’s experience with farmers and the assets used in farming has allowed him to provide practical advice to farm families seeking counsel on estate and succession planning issues. In addition to serving as general corporate counsel to an ethanol producer, Dan has performed intense litigation work related to the construction and operation of grain, ethanol and biofuels facilities. In this practice area, he has negotiated and documented varied contractual issues with suppliers and buyers of products, with contractors, and in the acquisition of significant company assets.

Dan has been involved in multimillion-dollar cases involving the litigation of corporate governance, finance, insurance coverage and construction issues that involved multiple parties from different states. His depth and range of experience, paired with his lifelong familiarity with Nebraska agriculture, make Dan an obvious choice for legal matters in his practice areas.

Practice Areas

Agriculture  |  Business  |  Litigation  |  Water and Natural Resources  |  Ethanol and Biofuels          

Real Estate  |  Corporate Law  |  Wills, Trusts and Estate Planning  |  Insurance Defense  

Planning, Zoning and Land Use  |  Tax Increment Financing (TIF)

Education

• University of Nebraska College of Law, J.D., 1986
  University of Nebraska at Lincoln, B.S. Agriculture (Animal Science), 1982

Professional Organizations

• Admitted:
  Nebraska Supreme Court, 1986
  U.S. District Court – Nebraska, 1986
  U.S. Court of Appeals, Eighth Circuit, 1989
  
  Current:
  Nebraska State Bar Association
       Agricultural Law Section
       Business Law Section
       Law Practice Management Section
       Natural Resources & Environmental Law Section
       Senior Lawyers Section
  Buffalo County Bar Association
  Nebraska Defense Counsel Association (Board of Directors- President)
  Nebraska Supreme Court District 6 Committee on Inquiry (Vice-Chairman)
  Nebraska Association of Trial Attorneys
  Defense Research Institute
  American Bar Association
  
  Past:
  Nebraska Supreme Court District 6 Committee on Inquiry (Chairman)
  Nebraska State Bar Association
       Agricultural Law Section (Chairman)
       Young Lawyers Section Executive Committee (Chairman)
       Workers' Compensation Section Executive Committee
  Buffalo County Bar Association (President)
  Nebraska High School Mock Trial Project (Judge)

Community Affiliations

• Current:
  First United Methodist Church
  Kearney Area Chamber of Commerce
  Audubon Nebraska Board (Vice-Chairman)
  Central Nebraska Veteran’s Memorial (pro bono legal counsel)
  Nebraska Shooting Sports Foundation (Board of Directors)
  
  Past:
  Rowe Sanctuary/Ian Nicolson Audubon Center Board (President)
  Kearney Redevelopment Authority Board (Chairman)
  Kearney Area Community Foundation (Founding Director and Chairman)
  Leadership Kearney Graduate (Board of Directors and Chairman)
  Buffalo County Young Republicans (Chairman)
  Buffalo County Economic Development Council Board
  First United Methodist Church (Administrative Council Chairman/Finance Committee/Trustee)
  Kearney Area Chamber of Commerce (Board of Directors and Chairman)
  Kearney Sertoma Club (President)
  Nebraska Diplomats

Legal Experience

• Ag Valley Cooperative v. Servinsky Engineering, PLLC, Johnson System, Inc., Heartland Building Systems, Inc., and Chief Industries, Inc., (Products Liability – Agriculture), Supreme Court of Nebraska, June 3, 2022
• City of Benkelman, Nebraska v. Baseline Engineering Corporation (Government Contracts) Eighth Circuit United States Court of Appeals, August 11, 2017
• FRM Farms v. The Andersons, Inc. (Grain Pricing Dispute Arbitration) National Grain and Feed Association arbitration and appeal (with co-counsel, David Barrett) March 10, 2014.
• DMK Biodiesel, L.L.C. v. McCoy (Corporate Dispute-Biofuels) Supreme Court of Nebraska, May 24, 2013.
• KAAPA Ethanol, L.L.C. v. Board of Supervisors of Kearney County (Property Tax Disputes-Biofuels) (with co-counsel, Bill Peters) Supreme Court of Nebraska, 2012 and January 25, 2013.
• KAAPA Ethanol, L.L.C. v. Affiliated FM Ins. Co. (Property Insurance-Biofuels) (with co-counsel, John Ellison) U.S. District Court-Nebraska; U.S. Eighth Circuit Court of Appeals, November 3, 2011.
• Green Plains Obion L.L.C. v. Obion Grain Co., Inc. (Contract Dispute-Grains-Biofuels) U.S. District Court–Nebraska, November 15, 2010.
• Schauer v. Grooms (Zoning-TIF-Biofuels Issues) Supreme Court of Nebraska, August 6, 2010.
• JCB Enterprises, Inc. v. Nebraska Liquor Control Commission (Liquor License Issue) Supreme Court of Nebraska, May 30, 2008.
• Amco Produce, Inc. v. Farmers Premium Produce, L.L.C. (Produce Payment Dispute) U.S. District Court–Nebraska, August 13, 2007.
• Spear T Ranch, Inc. v. Knaub II (Water Law) Supreme Court of Nebraska, May 5, 2006.
• Spear T Ranch, Inc. v. Knaub (Water Law) Supreme Court of Nebraska, January 21, 2005.
• Kotinek v. Willard (Personal Injury) Nebraska Court of Appeals, October 5, 2004.
• In re Claims Against Atlanta Elevator, Inc. (Grain Elevator Failure) Supreme Court of Nebraska, August 20, 2004.
• Adam v. City of Hastings (Zoning-Annexation) Supreme Court of Nebraska, March 26, 2004.
• Tighe v. Cedar Lawn, Inc. (Personal Injury-Landlord-Tenant) Nebraska Court of Appeals, July 2, 2002.
• Wortman By and Through Wortman v. Unger (Personal Injury) Supreme Court of Nebraska, May 1, 1998.
• Popple by Popple v. Rose (Personal Injury) Nebraska Supreme Court, February 20, 1998.
• Fales v. Books (Medical Malpractice) Nebraska Supreme Court, December 12, 1997.
• Richardson v. Griffiths (Contract Dispute-Legal Conflicts of Interest) Nebraska Supreme Court, February 28, 1997.
• Heins v. Webster County (Personal Injury) Nebraska Supreme Court, August 23, 1996.
• Dorn v. Boehringer Ingelheim Animal Health, Inc. (Product Liability-Animal Vaccine) Nebraska Court of Appeals, February 8, 1994.
• Swedlund v. City of Hastings (Zoning-Annexation) Nebraska Supreme Court, June 11, 1993.
• Universal Underwriters Ins. Co. v. Farm Bureau Ins. Co. of Nebraska (Insurance) Nebraska Supreme Court, April 9, 1993.
• Shahan v. Hilker (Personal Injury) Nebraska Supreme Court, September 11, 1992.
• Craig v. Farmers Mut. Ins. Co. of Nebraska (Insurance) Nebraska Supreme Court, October 18, 1991.
• State v. Dodge City (Seizure) Nebraska Supreme Court, June 21, 1991.
• McClymont v. Morgan (Personal Injury) Nebraska Supreme Court, June 14, 1991.
• Bituminous Cas. Corp. v. Deyle (Workers’ Compensation) Nebraska Supreme Court, February 23, 1990.
• Gehre v. Coleman (Medical Malpractice) Nebraska Supreme Court, August 4, 1989.
• Olsen v. Richards (Medical Malpractice) Nebraska Supreme Court, May 26, 1989.

Publications

• Management by Walking Around, NDCA & DRI Article, April 2, 2019
• BLOG UPDATE: Syngenta Corn Seed Settlement, May 18, 2018
• BLOG Post: Cultivating Your Farmland and Your Farmland Opportunities, March 3, 2017
• BLOG Post: The Nebraska Agritourism Promotion Act and The Muddy Waters Of Recreational Liability, January 21, 2016
• BLOG Post: Why Are We Not Holding Meetings to Sign-Up Corn Farmers to Sue Syngenta?, May 15, 2015
• BLOG Post: Avoiding Family Feuds Over The Future of the Farm or Ranch—Part 2, February 20, 2015
• BLOG Post: Avoiding Family Feuds Over The Future of the Farm or Ranch—Part 1, February 3, 2015

• BLOG Post: Think You Don’t Need Workers’ Comp Insurance in Nebraska Because You Are a Farmer? Think Again, October 31, 2014