Brian C. Buescher

(402) 231-8998
Partner
(402) 346-1148 Fax
Brian.Buescher@KutakRock.com

Mr. Buescher leads the firm’s agribusiness litigation team and represents local and national clients in general commercial litigation. He has experience in a variety of areas, including agribusiness, environmental, food law, real estate, product liability, class action, banking, and insurance bad faith litigation. Mr. Buescher represents some of the largest agribusinesses relating to disputes involving real estate, state and federal regulation, environmental concerns, food products, railroad and transportation issues and contract disputes, among other matters. He also represents a variety of small or medium agribusiness entities and individual farmers, ranchers or operators with regard to various disputes and advice relating to agriculture. Mr. Buescher also has experience in the area of solid waste disposal and the environmental considerations relating to this industry. He also advises other attorneys on matters of legal ethics and professional responsibility and works on government relations matters in Nebraska at the state and local level. Mr. Buescher has experience litigating cases in a variety of jurisdictions, including Nebraska and Iowa state and federal courts, the United States Court of Federal Claims, United States Bankruptcy Court for the District of Nebraska, among numerous other state and federal courts. He also has served as lead counsel representing an agribusiness client in a large commercial arbitration.

Selected Experience

  • Represented as lead counsel a farmer in an appeal in front of the Eighth Circuit Court of Appeals relating to a crop insurance claim. The Eighth Circuit reversed the trial court’s entry of summary judgment in favor of the insurance carrier and remanded the case to be set for trial.
  • Represented as lead counsel an agribusiness facing a lawsuit on a contract relating to corn shipments by railroad. The arbitration panel awarded the client a take-nothing decision on the plaintiff’s multi-million dollar claim and awarded the client in excess of $500,000 on its counterclaim, including an award of fees and costs.
  • Represented as lead counsel an ethanol plant that made a claim against a customer of modified wet distillers’ grains who breached his contract to purchase product from the ethanol plant. The trial court ruled in favor of the client on liability and the Nebraska Supreme Court affirmed the finding of contract breach as a matter of law.
  • Represented as lead counsel a client in an adverse possession claim on agribusiness real estate. The court ruled in favor of the firm client and the Nebraska Court of Appeals affirmed the decision.
  • Represented as lead counsel an agricultural fertilizer company named as primary defendant in a class action lawsuit relating to representations made by the client regarding a fertilizer product. Mr. Buescher successfully negotiated a settlement for a fraction of the cost of litigation.
  • Represented as lead counsel a claim against an agricultural fertilizer company seeking damages for an alleged breach of an agreement to sell fertilizer products within the State of Florida. After a substantial counterclaim was filed, the lawsuit was dropped with no payment by the client.
  • Represented as lead counsel a Fortune 500 agribusiness client in a personal injury claim seeking approximately $2 million for injuries suffered at a fertilizer distribution facility. After significant litigation, the matter was settled for a fraction of the original demand.
  • Represented as lead counsel a real estate entity named as defendant in a lawsuit regarding a commercial real estate contract. After an aggressive counterclaim was filed, the lawsuit against the client was dropped with the plaintiff agreeing to pay the client a substantial amount on its counterclaim.
  • Represented as lead counsel a client in a dispute with the National Parks Service relating to a challenge to the National Niobrara Scenic River boundary. After substantial negotiation, the National Parks Service changed its proposed boundaries in favor of the client with no litigation.
  • Represented as lead counsel a client in a dispute with the United States Department of the Interior regarding claims that a farm’s development of new farmland would disturb a beetle protected by the Endangered Species Act. Mr. Buescher successfully negotiated a resolution under threat of litigation which allowed the additional farmland to be developed by the farm.

 Representative Cases and Court Decisions

  • Bruhn Farms Joint Venture v. Fireman's Fund Insurance Co., 823 F.3d 1161 (8th Cir. 2016) 
  • Siouxland Ethanol, LLC v. Sebade Bros., LLC, 290 Neb. 230, 859 N.W.2d 586 (2015)
  • Iowa Premium Beef, LLC v. Global Capital Life, LLC, No. 12CV39 EJM, 2013 WL 3364364 (N.D. Iowa July 3, 2013)
  • Tyson Fresh Meats, Inc. v. Lauer Ltd., L.L.C., 918 F. Supp. 2d 835 (N.D. Iowa 2013)
  • James Neff Kramper Family Farm Partnership v. Garwood, No. A-12-262, 2012 WL 6742136 (Neb. Ct. App. Dec. 31, 2012)
  • Bio Tech Nutrients, LLC v. Kunz, No. 2:10-CV-00896-LRH, 2010 WL 3724193 (D. Nev. Sept. 15, 2010)
  • Carter v. Cargill, Inc., No. 8:08CV27, 2009 WL 223035 (D. Neb. Jan. 28, 2009)

    Presentations

    • Presenter, Current Issues in Agribusiness, August 29, 2017, Presentation entitled: Agricultural Law Update.
    • Presenter, Nebraska Bar Association Annual Meeting, October 28, 2016, Presentation entitled: Agricultural Law Update: Case Law and Regulatory Trends.
    • Presenter, National Business Institute, September 27, 2016, Presentation entitled: Farm Law Update, State and Federal Regulatory Changes.
    • Presenter, Current Issues in Agribusiness, August 30, 2016, Presentation entitled: Agricultural Law Update.
    • Presenter, Nebraska Bar Association Annual Meeting, October 9, 2015; Presentation entitled: The EPA Clean Water Rule.
    • Presenter, Current Issues in Agribusiness, August, 2015; Presentation entitled: Litigation Update and Regulatory Trends Impacting Agribusiness.
    • Presenter, American Agricultural Law Association, Albuquerque, NM, October, 2014; Presentation entitled: Food Recalls: From the Attorney’s Perspective.
    • Presenter, Seminar entitled Current Issues Facing Agribusiness, August, 2013; Presentation Entitled: Current Topics: Litigation Risks.
    • Presenter, American Agricultural Law Association, October 20, 2012, Panelist for Session entitled Real World Implications of Farm Animal Welfare Laws and Agreements.
    • Presenter, Seminar entitled Current Issues Facing Agribusiness, August, 2012; Presentation entitled: Special Interest Challenges Facing Confinement Agriculture.
    • Presenter, Seminar entitled From Farm to Table, Current Issues Facing Agribusiness in the Supply Chain, August 2011; Presentation regarding Warehousing of Agricultural Commodities.
    • Presenter, American Agricultural Law Association, Oct. 9, 2010, Nuisance Livestock, Trespassing Odor & Manure, and Land Use Restrictions.
    • Moderator, Nebraska Bar Association, Natural Resources and Environmental Law and Agricultural Law Sections Annual Seminar, October 22, 2010, Discussion of Environmental Issues Associated with the Trans Canada Pipeline and Ogallala Aquifer.
    • Presenter and Moderator, Legal Aspects of Animal Agriculture, June 4, 2010, Kearney, Nebraska; Organized and presented at seminar relating to land use issues and law impacting agricultural production in Nebraska.
    • Presenter, Natural Resources and Environmental Law and Agricultural Law Sections of the Nebraska Bar Association, October, 2009; Presented update on Agricultural Law Issues.