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Diana J. Vogt


Diana Vogt has more than 25 years of civil litigation experience with an emphasis on federal court practice.  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 worked on 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.

Ms. Vogt has litigated ten cases that established new law, including a suit which expanded the liability of anesthesiologists to include liability for the negligence of employees working under the direction of the anesthesiologist.  Some of her notable cases include 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 obtaining an order enforcing covenants requiring a golf course property could not be developed for other uses.  Ms. Vogt also obtained a verdict in a legal malpractice case resulting in a verdict of $1.8 million plus disgorgement of $360,000 in attorneys fees.   

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.  Ms. Vogt has argued cases to the United States Court of Appeals for the Eighth and Ninth Circuits.  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 is regularly hired as appellate counsel by other attorneys.  

 Ms. Vogt has extensive experience in federal court litigation and has written articles about the strategic use of the Federal Rules of Civil Procedure.  Ms. Vogt is a past recipient of the Omaha Bar Association's Public Service Award and has been recognized by membership in Lawyers of Distinction for excellence in civil litigation.

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


Practice Areas

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


  • English

Current Employment Positions

  • Member

Past Positions

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

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

Professional Associations

  • Nebrasa Bar Association, Member, 1990 to Present
  • Omaha Bar Association, Member, 1990
  • Probate Real Estate Section of Nebraska Bar, Member, Present
  • Appellate Section Nebraska Bar Association, Member, Present


  • Creighton University School of Law, Omaha, Nebraska
    • J.D.
    • Honors: magna cum laude
    • Honors: Winner Moot Court Competition
  • Boise State University , Boise, Idaho
    • B.A. - 1984
    • Honors: With Honors
    • Major: Communications


  • Omaha Bar Association Public Service Award

Pro-Bono Activities

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

Classes / Seminars

  • Trial Practice, Creighton Law School, 2001 to 2003
  • Competitive Moot Court, Creighton Law School, 2001 to 2003

Published Works

  • Discover 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

Representative Cases

  • Skyline Woods Homeowners Ass'n v. Broekemeier, 276 Neb. 792, 785 N.W.2d 376, 2008, Nebraska Supreme Court
  • Breeden v. Anesthesia West, P.C., 265 Neb. 356, 656 N.W.2d 913, 2003, Nebraska Supreme Court
  • Blose v. Mactier, 252 Neb. 333, 562 N.W.2d 363, 1997, Nebraska Supreme Court

Ancillary Businesses

  • Mediation -- Employment and Discrimination cases