Kenneth W. Hartman counsels clients in a variety of ways to resolve their commercial, business, and/or constitutional disputes. In doing so, he represents clients in litigation in both federal and state courts. He also represents clients in arbitration proceedings and in mediation.
Prior to joining the firm, Ken was Judicial Law Clerk to the Honorable Kenneth C. Stephan, Nebraska Supreme Court from 2000-2001. From 2001-2003, he was Judicial Law Clerk to the Honorable Lyle E. Strom, United States District Court for the District of Nebraska. In 2009 and subsequent years, Ken has been recognized by Benchmark Litigation as a “Future Star” of the Nebraska Bar.
Areas of Practice
- Creighton University School of Law, J.D., magna cum laude, 2000
- University of Nebraska at Kearney, B.S., Business Administration, 1995
Professional & Civic Affiliations
- Nebraska State Bar Association
- Member, House of Delegates, Nebraska State Bar Association
- Member, Practice and Procedure Committee, Nebraska State Bar Association
- 2007-2008 Nebraska State Bar Association Leadership Academy
- Omaha Bar Association, 2013 member of Executive Council
- American Bar Association, Litigation Section member
- Robert M. Spire Inn of Court
- Member, Lex Mundi Dispute Resolution Practice Group
- Prior American Lung Association Omaha Leadership Council
- Fellow of the American Bar Foundation
Bar & Court Admissions
- Iowa, 2010
- Nebraska, 2000
- United States Supreme Court, 2008
- United States Court of Appeals for the Eighth Circuit, 2007
- United States District Court for the District of Nebraska, 2000
- United States District Court for the District for Colorado, 2013
- United States District Court for the Northern District of Iowa, 2015
- United States District Court for the Southern District of Iowa, 2015
Selected Practice Highlights
- Successfully advocating to uphold the constitutionality of a common property tax levy that provides approximately $450 million annually for the funding of schools in the Omaha metropolitan area, Sarpy County Farm Bureau v. Learning Community of Douglas and Sarpy Counties, 283 Neb. 212, ___ N.W.2d ____ (2012).
- Securing the dismissal, on jurisdictional grounds that was later affirmed by the Nebraska Supreme Court, of an action seeking the refund of an allegedly illegal tax, Trumble v. Douglas County School District 0001, 283 Neb. 486, ___ N.W.2d ___ (2012).
- Successfully compelling recalcitrant parties, through suits filed in federal court pursuant to the Federal Arbitration Act, to arbitrate disputes pursuant to their contractual agreements
- Litigating state and federal constitutional claims, including securing summary judgment for public employer in case alleging First Amendment retaliation claims and securing dismissal of claim challenging the constitutionality of state statutes.
- Securing a judgment in excess of $150,000 on behalf of a local client against former independent contractors for breach of contract, tortious interference with business relationships, and theft of trade secrets
- Submitting an amicus brief to the United States Supreme Court on behalf of the National School Boards Association urging the Court to affirm the decision of the United States Court of Appeals for the Ninth Circuit that a public employee could not maintain a “class of one” equal protection action against the employer
Selected Recent Publications
- “Appellate Advocacy: A Short Follow-Up Discussion.” Hartman, Blecha. The Nebraska Lawyer (2010)
- “Appellate Advocacy: Spanning the Generations in Search of an Answer to the Question all Appellate Lawyers Strive to Resolve: How Can We Maximize our Chances to Win on Appeal?” Hartman, Blecha. The Nebraska Lawyer (2008)
- “Lochner’s Cousin: Demonstrating Originalism’s Failure and Its Disingenuous Nature,” 34 Creighton L. Rev. 517 (2001)
- “Must Agency Shop Fee Challengers Exhaust Union Provided Arbitration Procedures Before Bringing a Claim in Federal Court? The United States Supreme Court Clarifies Hudson in Air Line Pilots Association v. Miller,” 32 Creighton L. Rev. 1845 (1999)