- Pennsylvania Superlawyers, 2007
- University of Virginia School of Law, J.D., 1992
- Recipient of the Bracewell & Patterson First Year Oral Advocacy Award
- Muskingum College, B.A., summa cum laude, 1988
Mr. Nieman's practice focuses on commercial litigation, appellate practice and municipal law.
Mr. Nieman has successfully tried cases in federal and state courts throughout Pennsylvania. Mr. Nieman's experience includes representing clients in cases involving federal and state securities, antitrust, corporate control, professional malpractice, bankruptcy, contracts, collections, products liability, land use, eminent domain, tax, environmental, employment discrimination, employee benefits, ERISA and civil rights.
Some of Mr. Nieman's more notable cases include:
- Antitrust. Obtained dismissal of Pennsylvania Attorney General's antitrust lawsuit against the Susquehanna Area Regional Airport Authority arising from the Airport Authority's use of eminent domain. Commonwealth of Pennsylvania v. Susquehanna Area Regional Airport Authority, 423 F. Supp. 2d 472 (M.D. Pa. 2006).
- Constitutional Litigation. Successfully represented trade association in constitutional challenge to Pennsylvania statute. United States Organizations for Bankruptcy Alternatives, Inc. v. Department of Banking, 2010 Pa. Commw. LEXIS 80 (Pa. Commw. 2010).
- Civil Rights Litigation. Successfully defended management personnel in two federal civil rights actions brought by former employees of a youth correctional facility. In one case, the trial court granted the Defendants' Motion for Judgment as a Matter of Law at the close of the Plaintiff's case-in-chief. In the second case, the jury rendered a defense verdict. Hutt v. Department of Public Welfare, 1996 U.S. Dist. LEXIS 17134 (E.D. Pa. 1996); Brandon v. Department of Public Welfare, 1997 U.S. Dist. LEXIS 14894 (E.D. Pa. 1997).
- First Amendment Litigation. Filed amicus curiae brief in the Supreme Court of the United States on behalf of the Veterans of Foreign Wars in the First Amendment case, Snyder v. Phelps.
- Municipal Litigation. Represented a Second Class Township in action to overturn decision by former Township Supervisors granting themselves post-retirement insurance benefits. White Deer Township v. Napp, 929 A.2d 786 (Pa. Commw. 2007).
- ERISA Litigation. Handled numerous ERISA matters in the United States District Courts for the Eastern, Middle and Western Districts of Pennsylvania. These matters include claims made pursuant to employer provided life and disability insurance policies and claims for deferred compensation. Obtained summary judgment against former founder, president and chief executive officer of client who claimed unpaid deferred compensation benefits. Currently representing Trustee of employer health and welfare plans against claims brought by the Department of Labor.
- Defense of Certified Public Accountants. Assisted in defense of CPA firm against malpractice claim arising from alleged accounting irregularities found during due diligence conducted in connection with sale of plaintiff's business. Jury returned a defense verdict after six day jury trial.
- Actions to Quiet Title and Adverse Possession. Successfully represented clients at trial and on appeal in quiet title claim involving timbering interests and in claims for adverse possession.
- Corporate Control and Dissolution. Represented fifty percent shareholder in chain of roller skating rinks seeking to dissolve the corporations due to shareholder deadlock. Successfully resolved the dispute through mediation. Represented 49.9% shareholder in oppressed shareholder lawsuit, which was tried to final verdict before a board of arbitrators.
- Dissenter's Rights. Represented a group of dissenting shareholders in litigation seeking the fair value of their interest in well known local manufacturing company.
- Employment Discrimination. Obtained summary judgment for Fortune 500 company in claim brought by former employee claiming religious and ethnic discrimination.
- Securities Fraud Litigation. After the SEC discovered a massive securities fraud perpetrated by John Gardner Black and his companies, assisted with the representation of four school districts whose collective investment with Black's companies totaled $20 million.
- Distributorship Litigation. Represented regional heavy equipment distributorship in arbitration proceedings involving the relationship between the manufacturer and distributor. Also represented national manufacturing company in litigation involving a bankrupt distributor. Represented North American subsidiary of European heavy equipment manufacturer in litigation involving transfer of distribution and marketing rights.
- Purchase of Surplus Land from Commonwealth of Pennsylvania. Successfully intervened in case and defended claim for preliminary injunction on behalf of local economic development corporation. As a result, client was able to proceed with multi-million dollar regional economic development plan.
- Misappropriation of Trade Secrets. Represented manufacturing client in claim against former employees who started competing business. During course of representation, obtained ex parte order from court permitting seizure of defendants' computer files. Obtained preliminary injunction in the Court of Common Pleas and a permanent injunction before the National Association of Securities Dealers for securities brokerage firm prohibiting former broker from soliciting clients and using misappropriated information.
- Fraud. Defended manufacturing company and its president in fraud claim by minority shareholder.
- Sales Litigation. Defended telecommunications network against claim brought by high-tech equipment manufacturer. The case was successfully resolved through mediation.
- Public Utility Litigation. Successfully argued appeal of ruling by PUC Administrative Law Judge. PPL Electric Utilities Corp. v. Pennsylvania Public Utility Commission, 912 A.2d 386 (Pa. Commw. 2006)
Bar & Court Admissions
- Supreme Court of the United States of America
- Supreme Court of Pennsylvania
- United States Court of Appeals for the Third Circuit
- United States District Courts for the Eastern, Middle, and Western Districts of Pennsylvania
- Rhoads & Sinon Obtains Dismissal of Lender Liability Lawsuit
- Rhoads & Sinon Appellate Team Represents Various Local Government Organizations In A High-Profile Appeal Pending Before The Pennsylvania Supreme Court
- Rhoads & Sinon Attorneys Prevail In The United States Court Of Appeals For The Sixth Circuit
- Tim Nieman talks about Snyder v. Phelps on C-Span
- Tim Nieman participates in The Washington Post Chat - Snyder v. Phelps to be Argued in Supreme Court, October 6
- Press Release: Rhoads & Sinon Files U.S. Supreme Court Brief on Behalf of VFW in Snyder v. Phelps
Seminars & Speaking Engagements
- Rhoads & Sinon Attorneys Participate in Wills for Heroes
- Author and Lecturer, Contract Issues
- Author and Lecturer, Oppressed Shareholder Suits and Issues
- Lecturer, The Admissibility of Expert Testimony in Federal and State Court
- Lecturer, Trying Cases in Federal District Court, Piercing the Corporate Veil
- Lecturer, Piercing the Corporate Viel
- AHLA Health Care Liability & Litigation Volume 17, Issue 1,2015
- October 2015
- Co-Author, Chapter on Foreign Discovery in Pennsylvania Discovery Practice,West Publishing
Professional & Community Affiliations
- Alumni Judge, University of Virginia School of Law First Year Moot Court Program
- Instructor, Widener University School of Law Intensive Trial Advocacy Program
- Board of Directors, Cornwall Iron Furnace Associates, Inc., 2004 - Present
- Hon. William P. Lipsitt Inn of Court, 2010 - Present
- Board of Directors, Mt. Gretna Heights Association, 2004 - 2006, 2010 - Present