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Attorneys

G. Michael Fenner 
Omaha, Nebraska
phone 402-492-9200
fax 402-492-9222
email fenner@creighton.edu

AV-Rated

 

Mike Fenner handles a wide variety of litigation matters involving the law of evidence, various torts and various matters of constitutional law. He is a frequent lecturer on a variety of subjects. His audiences include federal and state court judges, attorneys and a variety of lay and professional conference attendees, including organizations such as:

  • Federal Judicial Center
  • Federal Judges for the Western District of Missouri
  • Judges and Justices of the Nebraska Court of Appeals and Supreme Court
  • Nebraska State Bar Association
  • Evidence Section, Association of American Law Schools
  • Nebraska Association of Trial Attorneys
  • Iowa Trial Lawyers' Association
  • Omaha Bar Association
  • The Nebraska Criminal Defense Attorney's Association
  • Nebraska Leadership Conference
  • Omaha City Law Department Section on Evidence at the annual meeting of the Association of American Law Schools

     

    Additionally, Mike speaks to service clubs and at luncheons and dinners of all sorts. He has spoken to the Federal Executive Association, the National Council of Jewish Women, and the Nebraska Association Press Broadcasters Association.

  • Position:
    Of Counsel, McGill, Gotsdiner, Workman & Lepp;
    Professor of Law, Creighton University School of Law
    Areas of Practice:
    Evidence
    Trial Advocacy
    Constitutional Law
    Bar Admissions:
    Nebraska, 1974
    Education:
    University of Missouri-Kansas City School of Law, Kansas City, Missouri, 1969
    Juris Doctor with Distinction
    Honors: National Moot Court Team, 1968 - 1969
    Honors: Full-Tuition Dean's Merit Scholarship
    Law Review: University of Missouri-Kansas City Law Review, Articles Editor, 1968 - 1969


    Kansas University, 1966
    Bachelor of Arts


    Published Works:
    The Hearsay Rule, Second Edition, Carolina Academic Press, 2009


    Nebraska Jury Instructions Second: Civil (republished annually since 1999), West Group, 2009


    Reflections on the Job: Joe Edney, 1956-1983, Creighton Lawyer 20, Fall, 2007


    Intelligent Design and Presidential Power in Time of War, Creighton Lawyer 28, Spring, 2006


    The Two Most Important Trials of this Young Century, Creighton Lawyer 13, Summer, 2003


    Among Friends - Justice Thomas, Creighton Lawyer 8, Summer, 2003


    Justice Thomas Unplugged, Creighton Lawyer 3, Winter, 2002


    The Psychic Hotline, the Most Active States' Rights High Court Perhaps Ever, and the Presidential Election of 2000, The Creighton Lawyer 8, Spring, 2001


    The Residual Exception to the Hearsay Rule: The Complete Treatment, 33 Creighton L. Rev. 265, 2000


    The Forced Use of Inadmissible Hearsay Evidence in Bankruptcy Court, 8 Am Rev. 453, 2000


    ExpertWitnesses:The Practical Aspects of Daubert and Weisgram, Federal Practice in the New Century, U.S. D. Ct. E.D. of Mo. and St. Louis Bar Assn., 2000


    Evidence Update (The Past Year in Evidence), Eighth Circuit Judicial Conference, 1999


    Three Perspectives on the Law: Advice to Young Lawyers, 31 Creighton L. Rev. 674, 1998


    Trial by Affidavit in Bankruptcy Court, Eighth Circuit Bankruptcy Judges' Conference, 1998


    Goodbye to Steve McGill, The Daily Record 2, September, 1997


    Hearsay, Privileges, and Other Matters, 30 Creighton L. Rev. 791, 1997


    The Daubert Handbook: The Case; Its Essential Dilemma; and Its Progeny, 29 Creighton L. Rev. 939, 1996


    Here's the Real Trouble With Experts, The Creighton Lawyer, Fall, 1996


    Evidence Update (The Past Year in Evidence in the Eighth Circuit and the United States Supreme Court), Federal Judicial Center Workshop for the United States Magistrate Judges of the Eighth Circuit, 1996


    Big-Tipping, Left-Leaning, Show-Biz Celebs Flee Mountain Hideaway: A Tale of Two Constitutions, The Creighton Lawyer, Fall, 1995


    What Federal Courts Have Done with Daubert, Federal Judicial Center Handbook, Federal Judicial Center, 1995


    Evidence Review: The Past Year in the Eighth Circuit, Plus Daubert, 28 Creighton L. Rev. 301, 1995


    Because When You Tried to Tape the Final Episode of Cheers You Ended Up Instead With the Half-Hour Infomercial for That Spray-On Hair Stuff; the Creighton Lawyer Presents the Top Ten Tips on How to Protect Yourself from Technology, The Creighton Lawyer, Spring, 1994


    Central High School Scholarship Auction, Catalogue Author, 1989-1994


    Law Professor Reveals Shocking Truth About Hearsay, 62 UMKC L. Rev. 1, 1993


    Presumptions: 350 Years of Confusion and It Has Come to This, 25 Creighton L. Rev. 383, 1992


    Nebraska Jury Instructions Second: Civil (supplemented annually until 1999), West Group, 1989


    Article 6-Witnesses, Nebraska Continuing Legal Education, Inc., 1987


    Circumstantial Evidence in Nebraska, 19 Creighton L. Rev. 236, 1986


    About Present Cash Value, 18 Creighton L. Rev. 305, 1985


    Fenner's Friday Is Full, The Downtowner, Feb. 20, 1985


    Fenner Pens His Oscar Picks, The Downtowner, March 20th, 1985


    'European Vacation' Stinks', The Downtowner, Aug. 7th, 1985


    Is This a Great City, or What?, The Downtowner, Sept. 18, 1985


    About Presumptions in Civil Actions, 17 Creighton L. Rev. 307, 1984


    Article 6: Competency and the Examination of Witnesses, Nebraska Evidence Rules, NCLE, Inc., 1984


    Update: Nebraska Evidence, NCLE, Inc., 1981


    Access to Judicial Proceedings: To Richmond Newspapers and Beyond, 16 Harvard Civil Rights-Civil Liberties L. Rev. 415, (with James L. Koley), 1981


    Article VI and Article VII of the Nebraska Evidence Rules, The Nebraska Rules of Evidence, NCLE, Inc., 1975, 1976, 1977, 1980


    Handling the Turncoat Witness under the Federal Rules of Evidence, 55 Notre Dame Lawyer 536, 1980


    A.E.S."Bud' Fenner or "You Can Do It If You Want, But, For God's Sake, Don't Let Anyone Find Out About It", Quarterly: Junior League of Omaha, May, 1980


    The Real Meaning of the Gannett Decision, 16 Trial 45, (with James L. Koley), January, 1980


    The Rights of the Press and the Closed Court Criminal Proceeding, 57 Neb. L. Rev. 442, (with James L. Koley), 1978


    Media Libel: Federal and Nebraska Law, 12 Creighton L. Rev. 149, (with James L. Koley), 1978


    Inviting The New Yorker to Lunch, Omaha Magazine, Sept., 1977


    Ketchup: The Manchurian Condiment, Omaha Magazine, Dec., 1977


    Competency and Examination of Witnesses Under Article VI of the Federal Rules of vidence and the Nebraska Evidence Rules, 9 Creighton L. Rev. 559, 1976


    Book Review, Griffith, Judge Learned Hand and the Role of the Federal Judiciary, 1975 Wash. U.L.Q. 518


    Mental Distress as an Actionable Tortious Wrong, 37 UMKC L. Rev. 371, 1969


    Classes/Seminars Taught:
    Conference Speaker and Break-Out Session Leader, Nebraska Leadership Seminar


    Professor of Law, Creighton University School of Law, 1972 - Present


    Honors and Awards:
    Distinguished Community Service Award, Papillion-LaVista Public Schools, 1994


    Special Achievement Award, United States Department of Justice, 1970


    Kansas City Bar Association Silver Award, 1969


    Professional Associations and Memberships:
    National Institute of Trial Advocacy course, 1973
    Attendee


    The Nebraska Supreme Court Committee in Practice & Procedure
    Member & Reporter for Civil Jury Instructions


    Association of American Law Schools, Section on Evidence
    Elected Officer


    The Court Practice Institute, 1973
    Board of Advisors


    Omaha Bar Association
    Member


    American Bar Association
    Member


    Nebraska Civil Liberties Union, 1975 - Present
    Omaha Lawyers' Panel


    Nebraska Civil Liberties Union, 1990 - 1994
    Board of Directors


    Nebraska Civil Liberties Union
    Faculty Advisor to Creighton Law School chapter


    Creighton University School of Law
    Member and Rotating Chair, Faculty Recruiting Committee


    Creighton University School of Law
    Member, Curriculum Committee


    Association of American Law Schools, Section on Evidence, 1980 - 1981
    Chair


    Association of American Law Schools, Section on Evidence, 1979 - 1980
    Chair-Elect


    Association of American Law Schools, Section on Evidence, 1978 - 1979
    Secretary


    Nebraska Academic Decathlon Foundation, Inc., 1996 - Present
    Nominating Committee


    Papillion-LaVista Challenge Program, 1990 - Present


    National History Day
    Nebraska Judge, annually


    Phi Alpha Delta, 1980 - Present
    Faculty Advisor


    American Trial Lawyers Association, Creighton Chapter, 1990 - Present
    Co-Faculty Advisor


    Nebraska Association of Trial Attorney
    Member


    High School Mock Trial Competition
    Judge


    Central High School Scholarship Auction, 1987 - 1992
    Board of Directors, Landmarks, Inc.


    Omaha Landmark's Heritage Preservation Commission, 1981 - 1996
    Member


    Omaha Landmark's Heritage Preservation Commission, 1987 - 1993
    Chair


    Nebraska Supreme Court Committee on Practice and Procedure, 1979 - Present
    Reporter for Civil Jury Instructions


    NCLE, Inc., 1989 - 1998
    Curriculum Committee


    NCLE, Inc., 1980
    Co-Chair, Program on Evidence


    Happy Hollow Homeowners Association, 1980 - 1981
    President


    Happy Hollow Homeowners Association, 1980 - 1997
    Legal Counsel


    The Coalition for Open Government, 1975
    Drafting Committee and Speakers Committee


    Omaha Symphony Council, 1974 - 1976
    Member


    Easter Seals Humanities Grant Committee, 1977 - 1978
    Member


    The Omaha Indemnity Company and Mutual of Omaha v. Arthur Andersen & Co., 1990 - 1993
    Special Master


    United States Department of Justice, Honors Law Graduate Program, Washington, D.C., 1969 - 1972
    Trial Attorney


    Creighton University School of Law
    Chair, Status Committee