Richard J. Gilloon

Client-focused trial attorney with extensive experience and success litigating for individuals and businesses.

Born in Omaha and raised in Dubuque, Iowa, Rich’s cases involve injuries, wrongful death, construction defects, insurance disputes, and professional liability defense. He represents both individuals and corporate clients, whether in trial or mediation.

Recent cases include successfully defending a wrongful death suit against a daycare center, and obtaining a $1,590,000 jury verdict on a breach of contract case in federal court in Missouri. He has tried cases in Nebraska, Iowa, Missouri, Colorado and New Mexico, and has argued in the appellate courts of each of those states, save New Mexico.

Rich is a member of the Nebraska Association of Trial Attorneys (NATA), the American Board of Trial Advocates (ABOTA), and the Amerian College of Trial Lawyers (ACTL).  Rich was President of the Nebraska Chapter of ABOTA for 2022. He attended the University of Notre Dame and then Creighton University School of Law. While at Notre Dame, Rich was a varsity wrestler, and co-captain his senior year. Rich and his wife, Kate, have three grown children.

He is past president and a former board member of the Bethlehem House, a supportive home for homeless pregnant women during their pregnancy and for months afterwards. He and Kate are long-time members of St. Margaret Mary Parish in Omaha.

Recent Results

• Successful defense of architect/engineer in suit for close to a $1MM in lost profits.   Defendant, architect/engineering firm, provided services to Plaintiff developer to build an assisted living facility. Facility was built and opened but behind schedule.

  Plaintiff sued Defendant claiming $924,500 in lost profits due to a three-month delay due to alleged failures in design and construction. The contract contained a clause by which both parties agreed to waive consequential damages (i.e.: lost profits.) Plaintiff claimed the clause was unenforceable in Nebraska.

  Defense successfully moved for partial summary judgment in removing the claim for lost profits of $924,500 with the trial court finding that the contract clause WAS enforceable. Plaintiff dropped the case shortly after motion was granted with no payment from Defendant. ◆ RESULT: Case dismissed.  District Court of Lancaster County, Nebraska, November, 2020.

• Obtained $1.59 million jury verdict for client in U.S. District Court for the Western District of Missouri based upon breach of beef supply contract; affirmed on appeal by Eighth Circuit Court of Appeals. E I S partners Rich Gilloon and Nick Sullivan tried case. Aly v. Hanzada for Import & Export Company, Ltd., 864 F.3d 844 (8th Cir. 2017), petition for cert. denied, 138 S. Ct. 203 (2017).

• Obtained jury verdict for injured railroad worker struck by pickup truck in BNSF employee parking lot. Case tried to a jury which returned a verdict for Plaintiff after three day of trial for $54,4000, reduced 20% for contributory negligence to $43,520. BNSF had offered nothing before trial. February 8, 11-12, 2019. Kouma v. BNSF and Franson, District Court of Lancaster County, Nebraska, Case No. CI 15-2194.

• Obtained directed verdict in favor of day care center, defending wrongful death suit brought by parents of child killed by nanny. Nanny was convicted and sentenced to seventy years to life in prison. Plaintiff parents demanded $4,750,000. On the 6th day of trial, after Plaintiffs rested, the trial court granted Defendants' motion for directed verdict based on no proof of proximate cause. Plaintiffs appealed to the Nebraska Supreme Court, which affirmed the directed verdict on a different basis, lack of duty owed by the defendant childcare center to either the baby or the parents. June 13 -20, 2016 - Jury trial. Bell et al. v. Grow With Me Childcare and Preschool, District Court of Douglas County, Nebraska, Case No. CI 14-4139. See Bell v. Grow With Me Childcare, 299 Neb. 136 (Neb. 2018)

• Successful defense of contractor on counterclaim for defective work. Client Mallory sued general contractor McShane for unpaid invoices of $130,604.54 after installing fire protection system in McShane's apartment complex project. McShane counterclaimed for defective work, repairs and delay damages totaling $699,200. We defended Mallory on counterclaim (separate co-counsel represented Mallory on its suit for the invoices.) Mallory prevailed on suit for invoices, McShane prevailed on a portion of its damages claim, resulting in net payment to McShane of $1,567 rather than $699,200 it sought. January 11 - 15, 2016 -Trial to the Court. Mallory Fire Protection Services v. McShane Construction Co., et al., District Court, Douglas County, Nebraska, Case No. 13-4984. Contractor appealed case to Nebraska Court of Appeals, where the judgment was affirmed. Mallory Fire Protection Services, Inc. v. McShane Construction Company, LLC, A-16-752, Court of Appeals of Nebraska, October 3, 2017. ( opinion not designated for permanent publication)

• Obtained directed verdict on third day of jury trial in favor of CPA client on multi-million claim for alleged accounting malpractice, fraud, tortious interference with a business relationship, civil conspiracy, and theft of trade secrets. Plaintiff demanded $6 million, then lowered it to $1 million before trial. Defendants offered $10,000 collectively. Case was tried to a jury, and trial judge granted our motion for directed verdict on the third day of trial. Case dismissed, no appeal was taken. Partners Rich Gilloon and Heather Veik tried case. October 11 - 13, 2016 - Jury trial. Covenant Doors and Mil/work v. Andrew Simmons, CPA, et al., District Court of Merrick County, Nebraska, Case No. CI 12-101.

Contact

402-397-2200 rgill@eslaw.com

Executive Legal Assistant Mj Skrdlant 402-394-6887 mskrd@eslaw.com

Practice Areas

Appeals
Construction Law
Litigation

Education

University of Notre Dame, B.A., 1974
Creighton University School of Law, J.D., 1977

Admitted To

Nebraska, all state and federal courts
Colorado, all state and federal courts
United States Court of Appeals, 8th and 10th Circuits
Supreme Court of the United States

Professional and Civic Affiliations

American College of Trial Lawyers Nebraska Association of Trial Attorneys
American Board of Trial Advocates
- President, Nebraska Chapter, 2022
Nebraska State Bar Association
Colorado State Bar Association
Creighton Law School Law Advisory Board
Thomas More Society
Notre Dame Alumni Club of Omaha: Member, 1992 to present, Board of Directors 2008 to 2018