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Nicholas Lee DiVita

Nicholas Lee DiVita

Berkowitz Oliver LLP
  • Arbitration & Mediation, Employment Law, Products Liability...
  • Missouri, West Virginia
Claimed Lawyer Profile

Nick DiVita has spent the past three decades fighting for his clients in the courtroom. He is an experienced, tested trial lawyer with jury and bench trial credentials in state and federal courts across the country.

Early in his career, Nick practiced in diverse areas of substantive law, including mineral title opinions for coal and gas producers and exploration companies, residential title opinions for banks, creditors’ rights and collections, bankruptcy, administrative law, banking, domestic relations, mergers and acquisitions, and securities. After five years of developing a broad exposure to these and other areas of substantive law, Nick began to focus entirely on a trial practice.

The more complex the case, the more Nick digs in. He has substantial experience in litigation involving complex damage and causation questions addressed by multiple expert witnesses and competing data analyses. In recent years, his emphasis has been in the areas of employment discrimination defense, class action defense, product liability defense, and complex business litigation.

Nick clears his head exploring the lower 48 states on his Honda Gold Wing touring motorcycle and is a proud member of the Iron Butt Association (Member No. 48754).

Practice Areas
  • Arbitration & Mediation
  • Employment Law
  • Products Liability
  • Appeals & Appellate
  • Personal Injury
Additional Practice Area
  • Commercial Litigation, Class Action Defense, General Civil Litigation
  • Free Consultation
    By appointment only
  • Contingent Fees
    With firm approval and subject to written fee agreement with client
  • Rates, Retainers and Additional Information
    Experience primarily on defense side of employment litigation
Jurisdictions Admitted to Practice
West Virginia
4th Circuit
8th Circuit
U.S. District Court, Central District of Illinois
U.S. District Court, District of Kansas
U.S. District Court, Northern District of Texas
U.S. District Court, Southern District of West Virginia
U.S. District Courts, Western District of Missouri, Eastern District of Missouri
  • English: Spoken, Written
Professional Experience
Berkowitz Oliver LLP
West Virginia University College of Law
J.D. (1982)
Honors: Order of the Coif; Patrick Duffy Koontz Scholarship Recipient; 1982 West Virginia Law Review Annual Writing Award; Lead Articles Editor, West Virginia Law Review
Activities: Moot Court
West Virginia State University
B.A. (1979)
Preeminent 5.0 out of 5
Super Lawyer
Super Lawyers
2006, 2010-2018
Professional Associations
The Missouri Bar # 37514
- Current
Articles & Publications
Strategies to Prevent Nonmutual Offensive Collateral Estoppel (Co-Author)
Defense Research Institute (DRI)
Conflicts Between the West Virginia Landlord’s Lien and Article Nine of the Uniform Commercial Code
Virginia Law Review
John Locke’s Theory of Government and Fundamental Constitutional Rights: A Proposal for Understanding
Virginia Law Review
Websites & Blogs
Nick DiVita Website Profile
Berkowitz Oliver LLP Firm Website
Contact & Map
Main Office
2600 Grand Boulevard
Suite 1200
Kansas City, MO 64108
Telephone: (816) 627-0254
Fax: (816) 561-1888