Kate D. Figgins

Attorney

Omaha

402-401-2724

kfiggins@messerlikramer.com

Profile

Kate Figgins concentrates her practice on Collection litigation, working on behalf of a variety of clients, including auto-financing companies, credit unions, national banks, credit-card issuers, and debt buyers. Kate helps the firm’s clients recover collateral and outstanding balances on credit cards, secured loans, second mortgages, and promissory notes.

During law school, Kate served as the Vice President of the Women’s Law Society.  Prior to attending law school and during her first year, Kate worked at a major public accounting firm, ranked top four in the market. Kate also clerked with a firm specializing in business litigation.

After law school, the law firm where Kate clerked during law school hired her on as an associate attorney.  The firm, a top-rated personal injury firm based in Minneapolis, Minnesota, specializes in Federal Employer Liability Act (FELA) cases. While acting as a local representative for the Minneapolis based firm, Kate spent many hours drafting pleadings, discovery, and briefs on complex legal issues in the Nebraska and Iowa Courts. Through her years at the firm, Kate participated in a number of depositions, hearings, settlement conferences, and trials.

Kate has also handled discrimination and retaliation claims in both federal and state administrative agencies.  She worked extensively on whistleblower claims under the Federal Rail Safety Act (49 U.S.C. § 20109). Kate has lectured to potential plaintiffs regarding their rights under the law and potential recoveries, and lectured on potential action plans to best preserve the plaintiffs’ rights.

At Messerli Kramer, Kate litigates on behalf of creditors in the states of Nebraska, Iowa and Minnesota. Each state has very distinct laws and laws and statutes, and Kate is able to navigate the firm’s clients through the complex process of recovering judgments across many state lines.   Kate also specializes in Fair Debt Collection Practices Act defense for the firm and actively defends actions in Federal Court.

Representative Experience
  • Strasburg v. Union Pacific RR. Co., 286 Neb. 743 (2013) – Kate helped the client retain hundreds of thousands of dollars after a victory in the Nebraska Supreme Court regarding issues involving setoff of medical expenses and allocation of settlement money.

  • Golden v. Union Pacific RR. Co. – Kate assisted in the Nebraska Court of Appeals briefing that avoided summary judgment in a toxic tort exposure case.

  • Kuntz v. Messerli & Kramer P.A., 2017 U.S. Dist. LEXIS 123498, 2017 WL 3332222 (D. Minn. 2017) – Kate assisted in the briefing in opposition for an attorney fee application that reduced Plaintiff’s requested fees by 70%.

  • Coyne v. Midland Funding, LLC, 2017 U.S. Dist. LEXIS 113371, 2017 WL 3088374 (D. Minn. 2017) – Kate successfully assisted in the defense of an FDCPA action where the Court granted the motion to dismiss the FDCPA action on the basis of materiality.

  • Leonardo v. MSW Capital, LLC, 2017 U.S. Dist. LEXIS 73081 (D. Minn. 2017) – Kate successfully assisted in the defense of an FDCPA action where the Court granted the motion to dismiss the FDCPA action on the basis of Statute of Limitations.

Professional & Community

Admissions

  • Nebraska
  • Iowa
  • Minnesota

Associations

  • Nebraska Bar Association, Member
  • Minnesota Bar Association, Member
  • Minnesota Creditors’ Rights Association, Member
  • Nebraska Association of Trial Attorneys, Member
Honors & Distinctions
  • CALI Excellence Awards in Professional Responsibility and Constitutional Law