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Latest News

9 Aug, 2022

Jason W. Grams Elected as a Nebraska State Bar Foundation Fellow

2022-08-09T08:14:31-05:00August 9th, 2022|Latest News|

Lamson Dugan & Murray LLP is pleased to announce the nomination of Partner Jason W. Grams to become a Nebraska State Bar Foundation Fellow. Fellowship is awarded to a select number of Nebraska lawyers who distinguish themselves through professional achievements and contributions to the Foundation. Only 30 lawyers are nominated and elected annually. Mr. Grams joins six other Lamson Dugan & Murray attorneys who achieved this honor: • [...]

8 Aug, 2022

William R. Settles Celebrates Milestone Membership in NSBA

2022-08-08T10:26:26-05:00August 8th, 2022|Latest News|

Partner William R. Settles celebrates 30 years of membership in the Nebraska State Bar Association (NSBA). The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics and professionalism and to protect and promote the administration of and access to justice. Mr. Settles has 30 years of experience defending physicians, hospitals and other health care providers. Read more about his expertise and accomplishments, [...]

3 Aug, 2022

Anne Marie O’Brien Elected as President of the National Association of Railroad Trial Counsel

2022-08-03T09:47:01-05:00August 3rd, 2022|Latest News|

Partner Anne Marie O’Brien was recently elected President of the National Association of Railroad Trial Counsel (NARTC).  This 67 years old national transportation organization is made up of the top railroad trial attorneys from across the United States and Canada. NARTC is devoted exclusively to serving the rail industry’s litigation needs.  Anne Marie is regularly chosen to speak on her expertise to the membership on trial, insurance and [...]

3 Aug, 2022

Kyle Wallor Celebrates Milestone Membership in NSBA

2022-08-03T07:50:08-05:00August 3rd, 2022|Latest News|

Partner Kyle Wallor celebrates 25 years of membership in the Nebraska State Bar Association (NSBA). The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics and professionalism and to protect and promote the administration of and access to justice. Mr. Wallor will be honored at the NSBA’s 2022 Annual Meeting Legacy Luncheon later this fall.

1 Aug, 2022

Daniel P. Chesire Awarded the Father Flanagan Distinguished Alumnus Award

2022-08-01T08:05:59-05:00August 1st, 2022|Latest News|

Lamson Dugan & Murray LLP is proud to share that Daniel P. Chesire was awarded the Father Flanagan Distinguished Alumnus Award at Boys Town’s Alumni Dinner. This achievement is the highest and most prestigious award given by the Boys Town Alumni Association. It recognizes alumni who have achieved substantial personal and professional growth and advancement over an extended period of time, made significant contributions to society and service [...]

28 Jul, 2022

2022 Great Plains Super Lawyers

2022-07-29T14:11:28-05:00July 28th, 2022|Latest News|

Lamson Dugan & Murray LLP is pleased to announce seven attorneys have been selected to the 2022 Great Plains Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. 2022 Great Plains Super Lawyers  Daniel P. Chesire - Personal Injury: Defense Jason W. Grams - Business Litigation Anne Marie O’Brien - [...]

19 Jul, 2022

Trial Attorneys Anne Marie O’Brien and Mike Storey Secure Verdict Against MUD for Old Market Fire

2022-07-19T15:51:35-05:00July 19th, 2022|Latest News|

For six-and-a-half years, Anne Marie O’Brien and Mike Storey represented the building owners in Omaha's historic Old Market, whose home and businesses were destroyed by the January 2016 explosion and fire. From day one, the Metropolitan Utilities District (MUD) denied any wrongdoing. After more than a hundred depositions, successfully defeating MUD's sovereign immunity arguments before the Nebraska Supreme Court, and a two-week bench trial in February 2022, Ms. [...]

19 Jul, 2022

Eric W. Tiritilli Named to United Way of the Midlands Board

2022-08-03T07:51:19-05:00July 19th, 2022|Latest News|

Partner Eric W. Tiritilli was recently elected to the Board of Directors for United Way of the Midlands.  United Way of the Midlands serves those living in poverty helping them to work toward independence by investing in programs that focus on basic needs, education and financial stability.  Mr. Tiritilli will serve a three-year term on the Board beginning July 1, 2022.

5 Jul, 2022

Stacy Morris Named to Saint John’s University Alumni Board

2022-08-03T07:51:29-05:00July 5th, 2022|Latest News|

Partner, Stacy Morris, was recently elected to the Alumni Association Board of Directors of Saint John’s University.  Founded in 1857, Saint John’s is a Benedictine liberal arts university located in Collegeville, Minnesota.  Mr. Morris is a 1997 graduate of Saint John’s, and will serve a three-year term on the Board beginning July 1, 2022.

27 Jun, 2022

LDM Hosts Seminar for Clients on Electronic Medical Records/Audit Trails

2022-06-27T14:47:33-05:00June 27th, 2022|Latest News|

Partners Mark Novotny, William Settles and Mike Storey, along with nationally recognized expert Doug Blair, recently presented a seminar at The Field Club of Omaha as to legal ramifications of Electronic Medical Records and Audit Trails in medical malpractice litigation. The audience was made up of LDM clients and insurers, information technology officers and risk managers. Topics included discussing how electronic medical records and audit trail [...]

14 Jun, 2022

Schmitt Secures Summary Judgment in Two Toxic Tort Lawsuits

2022-06-14T10:21:09-05:00June 14th, 2022|Latest News|

Dave Schmitt obtained summary judgment in two separate toxic tort lawsuits filed against the railroads he represented. In both cases the plaintiffs claimed they suffered cancer as a result of alleged exposures to diesel exhaust and environmental hazards during their railroad employment. Schmitt secured the plaintiffs’ medical records, employment records, and deposition testimony to offer in support of motions for summary judgment. The United States District Court for [...]

27 May, 2022

Partner Mike Storey Presents to the Independent Insurance Agents of Omaha

2022-05-27T18:05:20-05:00May 27th, 2022|Latest News|

Partner Mike Storey presented to the Independent Insurance Agents of Omaha on May 26, 2022.  Mr. Storey’s presentation focused on recent decisions by the Nebraska Supreme Court and the Nebraska Court of Appeals on the duties of insurance agents under Nebraska law.  This included two favorable decisions obtained by partner Sean Minahan on behalf of Nebraska insurance agents and brokers.   As part of his presentation, Mr. Storey also [...]

26 May, 2022

LDM Welcomes Summer Law Clerks

2022-05-26T16:52:27-05:00May 26th, 2022|Latest News|

LDM is excited to welcome five amazing and talented law students who have joined our team as summer law clerks. Ethan Dunn will be located in our West Des Moines office, and Cameron Scott, Tevyn Waddell, Ethan Hoogevven and Jelena Milakovic will be joining our Omaha team. We are thrilled that Maddie Hasley and Roger Sack, our amazing and talented 2L law clerks, have returned to LDM to [...]

26 May, 2022

Bryony J. Whitaker – LDM Welcomes New Associate to West Des Moines Office

2022-05-26T09:47:03-05:00May 26th, 2022|Latest News|

Bryony Whitaker joined Lamson Dugan & Murray’s Des Moines office as an Associate in the Litigation Dept. Ms. Whitaker was born and raised in England where she obtained a law degree, and worked as a legal conflict’s analyst. She then moved to the US to attend the University of Iowa, College of Law. In her first year, she became the University’s youngest student to be selected for the Willem [...]

26 May, 2022

Janice M. Thomas – LDM Welcomes New Partner to West Des Moines Office

2022-05-26T09:44:13-05:00May 26th, 2022|Latest News|

Janice M. Thomas joined Lamson Dugan & Murray’s Des Moines office as a Partner in the Litigation Dept. Ms. Thomas received her law degree from Drake University where she was a member of the Moot Court Board and her undergraduate degree from the University of Iowa. Ms. Thomas is a Fellow of the American College of Trial Lawyers. Fewer than one percent of the total number of lawyers [...]

18 Apr, 2022

Hassing Secures Summary Judgment for Greater Nebraska Health Club

2022-04-18T08:06:58-05:00April 18th, 2022|Latest News|

Dan Hassing recently secured a summary judgment for his client on a premises liability claim.  In the case, Mr. Hassing represented a health club in greater Nebraska.  The claim involved significant personal injuries including a fractured vertebrae.  The plaintiff alleged that he had suffered the injuries as the result of being pushed into the wall during a game of basketball.  The plaintiff claimed that the club knew that [...]

6 Apr, 2022

LDM Attorneys and Staff Roll up Their Sleeves for a Good Cause

2022-04-06T14:49:37-05:00April 6th, 2022|Latest News|

LDM attorneys and staff volunteered at the United Way’s Shine Bright event, where they rolled up their sleeves to put together care kits for local students.  The 4000 Shine Bright boxes contained essential hygiene items which were age, gender, and ethnicity specific, and will be distributed to kids in the OPS and CBPS surrounding areas.  The hope is that every box distributed to a student in their [...]

4 Apr, 2022

Hassing and Novotny Secure Summary Judgment on Professional Negligence Claim

2022-04-04T10:08:53-05:00April 4th, 2022|Latest News|

Dan Hassing and Mark Novotny recently secured a summary judgment for their clients on a legal malpractice claim. Hassing and Novotny represented a team of lawyers who had been sued on allegations that they had negligently handled a challenge to a tax increment financing project in rural Nebraska. Hassing and Novotny argued that the claim against their clients was barred by the statute of limitations. To support [...]

23 Mar, 2022

Unanimous Defense Verdict for Partners Pat Vipond and Mike Storey in Medical Malpractice Case

2022-03-23T13:26:48-05:00March 23rd, 2022|Latest News|

On March 15, 2022, LDM Attorneys Pat Vipond and Mike Storey obtained a unanimous defense verdict in a medical malpractice case after a four-day jury trial in the District Court of Douglas County, Nebraska. The case, which originated in 2014 and was the subject of two appeals to the Nebraska Court of Appeals and Nebraska Supreme Court, involved allegations that the defendant failed to diagnose Epstein Barr [...]

14 Mar, 2022

Partner Cathy Trent-Vilim Selected to Serve as ABA Council of Appellate Lawyers State Chair for Nebraska

2022-03-14T10:52:23-05:00March 14th, 2022|Latest News|

Partner, Cathy Trent-Vilim has been selected as the State Chair for Nebraska for the ABA Council of Appellate Lawyers. The State Chairs Committee was established to help carry out the Council’s goals of promoting excellence in appellate practice and building a stronger appellate bar to benefit courts, lawyers, clients, and the public. The Committee includes experienced appellate attorneys selected to serve as State Chairs in every state, the District [...]

28 Feb, 2022

Attorney Lily Ealey – Coach and Mentor

2022-02-28T12:10:46-06:00February 28th, 2022|Latest News|

Lamson Dugan & Murray attorney Lily Ealey recently spent her Friday nights and Saturday mornings coaching two thriving law students, Essence Hill and Dajuan Davis, to compete in the Thurgood Marshall Moot Court competition at the Midwest Regional BLSA convention. Her hard work and investment in these young students paid off. This dynamic duo advanced to the semi-finals and placed 4th overall. Please join us in congratulating Lily [...]

31 Jan, 2022

Attorney Lily Ealey – Newly Elected to the Santa Monica House Board of Directors

2022-01-31T16:54:11-06:00January 31st, 2022|Latest News|

Lamson Dugan & Murray attorney Lily Ealey was recently appointment to the Santa Monica House Board of Directors.  The Santa Monica House was the first halfway house in Omaha, Nebraska, designed exclusively for women.  Since 1972, it has administered a caring, comprehensive program for women who desire to live without the burden of addiction.

31 Jan, 2022

Attorneys Nichole Bogen and Lily Ealey Publish Employment Law Article in the November / December 2021 The Nebraska Lawyer Magazine

2022-01-31T16:47:15-06:00January 31st, 2022|Latest News|

LDM Attorneys Nichole Bogen and Lily Ealey published an article in the November/December 2021 Nebraska State Bar Association publication, The Nebraska Lawyer.  The article featured is titled, "Help! My Client Received a Charge of Discrimination from the Nebraska Equal Employment Opportunity Commission." Nichole Bogen is a partner in the Lamson Dugan & Murray Lincoln office.  She has represented clients in federal and state courts involving railroad and [...]

28 Dec, 2021

LDM Attorneys Ring in the Holidays Right for the Salvation Army

2021-12-28T08:19:23-06:00December 28th, 2021|Latest News|

Lamson Dugan & Murray attorneys helped those in need by participating in the Salvation Army’s Red Kettle Collection bell ringing campaign on December 23, 2021. The Salvation Army of Omaha serves the greater Omaha metropolitan area from feeding programs and homelessness prevention to mental health and older adult services. The Red Kettle Collection bell ringing campaign is a great way to volunteer and help those in need in the [...]

21 Dec, 2021

LDM Attorneys and Staff Spread Holiday Cheer at the Siena Francis House

2021-12-21T12:11:03-06:00December 21st, 2021|Latest News|

Lamson Dugan & Murray attorneys and staff spread some holiday cheer by volunteering to serve dinner at the Siena Francis House in Omaha, Nebraska, on December 20, 2021.  The Siena Francis House was founded in 1975.  It provides shelter, food, clothing and other emergency services to individuals experiencing homelessness. The Siena Francis House also provides on-site, Permanent Supportive Services for formerly homeless, disabled persons, as well as [...]

10 Dec, 2021

Judicial Response to COVID-19 – UPDATES x16

2021-12-10T10:45:09-06:00December 10th, 2021|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

22 Nov, 2021

Catherine French McGill – Appointed to the Salvation Army of Omaha’s Advisory Board

2022-01-31T16:48:37-06:00November 22nd, 2021|Latest News|

Congratulations to LDM Partner Catherine French McGill for being appointed to the Salvation Army of Omaha’s Advisory Board. The Salvation Army of Omaha serves the greater Omaha metropolitan area through its multiple worship centers and service locations, from feeding programs and homelessness prevention to mental health and older adult services. See the announcement.

28 Sep, 2021

Andrew Huber – 2021 Great Plains Rising Star

2021-09-29T09:12:15-05:00September 28th, 2021|Latest News|

Congratulations to attorney Andrew Huber for being selected to the 2021 Great Plains Rising Stars list. This honor is reserved for those lawyers who exhibit excellence in the practice of law.  Only 2.5% of attorneys in Great Plains receive this distinction. Congratulations Andrew!

25 Aug, 2021

Best Lawyers In America 2022

2021-08-25T14:25:51-05:00August 25th, 2021|Latest News|

Lamson Dugan & Murray LLP is proud to announce that 15 of their attorneys have been recognized in the 28th Edition of The Best Lawyers in America. This recognition is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Congratulations to the following Partners! Appellate Practice William R. Settles Bet-the-Company Litigation William M. Lamson, Jr Closely Held Companies and Family Businesses Law [...]

25 Aug, 2021

Daniel Waters – Presenter at the Ag Law Summit

2021-08-25T13:32:21-05:00August 25th, 2021|Latest News|

Daniel Waters, Partner at Lamson Dugan & Murray LLP, will be presenting at the Ag Law Summit: Law, Tax, and Regulation in America on Friday, September 3, 2021 at Mahoney State Park in Ashland, Nebraska. Mr. Waters will be presenting on Farm Succession and Continuity Planning. His presentation will discuss the challenges of transitioning an agricultural business across multi-generations. This event is hosted by the Washburn University School of Law. [...]

10 Aug, 2021

Judicial Response to COVID-19 – UPDATES x15

2021-12-10T10:49:37-06:00August 10th, 2021|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

13 Jul, 2021

Partners Daniel Chesire and Mark Novotny Recognized by the Nebraska Defense Counsel Association

2021-07-13T14:36:54-05:00July 13th, 2021|Latest News|

At this year’s annual meeting the Nebraska Defense Counsel Association recognized Daniel Chesire and Mark Novotny for their excellent work as defense trial attorneys.  Dan received the Masters Emeritus Award and Mark received the Defense Counsel of the Year Award.  Congratulations Dan and Mark! The Nebraska Defense Counsel Association is a state-wide association dedicated to serving the needs of their members.  Membership is open to Nebraska attorneys who devote a [...]

14 Jul, 2020

UPDATE: Nebraska Small Business Stabilization Grant Extended

2020-07-14T15:32:50-05:00July 14th, 2020|COVID Business, COVID-19|

The Small Business Stabilization Grant program has been extended until this Friday July 17, 2020 at 4:00 p.m. and is accepting new applicants (previous applicants are expected to be notified of the award status this week). Here is a press release put out by the Nebraska Department of Economic Development: DED Reopens Small Businesses Stabilization Grant Program with Expanded Eligibility They anticipate they can award up to 14,000 more grants [...]

5 Jan, 2016

Your Contract is a Hodgepodge of Conflicting Proposals

2018-04-23T23:55:09-05:00January 5th, 2016|Construction Contractor Advisor, Construction Contracts|

Ouch.  That’s what a court called a contract to remediate petroleum contamination at a number of gas stations in New York.  Sometimes, it’s hard to believe the contracts that get signed. Environmental Risk hired Science Applications to remediate petroleum contamination at 47 gas stations.  Environmental Risk had previously entered into a Professional Services Master Agreement with Science Applications, but also required Science Applications to sign three separate, but basically identical, subcontracts called [...]

16 Dec, 2015

The Ghosts of Projects Past

2018-04-23T23:55:09-05:00December 16th, 2015|Construction Claims, Construction Contractor Advisor|

Sean Minahan, one of my partners, and I were discussing a construction dispute the other day and we commented again and again about the significant organization required to get a construction project to completion. From the contracts, to the schedule, to the funding—everything has to be in lock step or there will be problems that could bring the project to a halt, or worse yet litigation. The same is true [...]

7 Dec, 2015

Changing Course Midstream Did Not Work in River Dredging Project

2018-04-23T23:55:09-05:00December 7th, 2015|Construction Contractor Advisor, Construction Contracts, Government Contracting|

  A contractor learned a $12M lesson when it tried to change course on a Corps of Engineer river dredging project.  The case also illustrates the importance of documenting problems on a project and providing notice of those problems to the owner. In Weston/Bean Joint Venture v U.S., Weston/Bean was awarded a Corps of Engineers project to provide maintenance dredging on the Miami River to a depth of 15 feet.  [...]

1 Dec, 2015

Are Defense Costs In Addition to Policy Limits?

2018-04-23T23:55:09-05:00December 1st, 2015|Construction Contractor Advisor, Insurance coverage|

I recently had a discussion with an insurer about whether defense costs were included within the policy limits of a client’s coverage or in addition to policy limits.  This was an important discussion because if costs of defense were included in the policy limits, my client was going to exceed those policy limits in a hurry.  How would this situation play out with your insurance? Fortunately, the majority of insurance [...]

21 Nov, 2015

Happy Thanksgiving

2018-04-23T23:55:09-05:00November 21st, 2015|Construction Contractor Advisor|

I hope you and your family are enjoying some well earned time off this Thanksgiving. Today’s post provides me an opportunity to thank everyone who gave me ideas for the blog and I thank you for reading it. I’d also like to thank all of my construction clients from whom this blog is written.  I appreciate the opportunity to assist you in your construction projects. Finally, we will be smoking, [...]

9 Nov, 2015

Arbitration Clauses—Where will you be arbitrating?

2018-04-23T23:55:09-05:00November 9th, 2015|Arbitration, Construction Contractor Advisor|

  I had the pleasure of speaking at the National Association of the Remodeling Industry (NARI) Education Day earlier this month. During my presentation, “The Myth of the One Year Warranty”, we discussed the impact of arbitration clauses in construction contracts and who should act as arbitrator. While the American Arbitration Association is certainly a popular forum, there are others.  For example, the New York Times recently wrote about a hardwood [...]

2 Nov, 2015

Know Your Obligations Under Both the Prime Contract and Subcontract

2018-04-23T23:55:09-05:00November 2nd, 2015|Construction Contractor Advisor, Construction Contracts|

A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner.  In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the prime contract trumped the provisions of the subcontract.  The court disagreed and ruled that the specific provision in the subcontract controlled. In the case, [...]

24 Oct, 2015

Location, location, location—even in construction liens

2018-04-23T23:55:09-05:00October 24th, 2015|Construction Contractor Advisor, Construction Lien|

We all know the importance of filing a construction lien within 120 days of your last work. Nebraska Construction Lien Act,  § 52-137.     But, equally, if not more important is filing the construction lien on the correct property. Often times on a construction project, the exact address of the project may not be known.  And, if there are a few buildings going up on the same general site, [...]

19 Oct, 2015

Be Careful When Requiring Fitness for Duty Examinations

2018-04-23T23:55:09-05:00October 19th, 2015|Construction Contractor Advisor, Employee Safety|

  Fitness for Duty examinations can be an important part of an employer’s hiring and retention protocol.  The Nebraska Supreme Court recently clarified when an employer may require applicants and employees to undergo fitness for duty examinations.  In Arens v. Nebco, Inc.,  the court ruled that an employer must have a legitimate, nondiscriminatory reason for its demand that a current employee submit to a fitness for duty examination. In this case, [...]

12 Oct, 2015

Following My Own Advice

2018-04-23T23:55:09-05:00October 12th, 2015|Construction Contractor Advisor, E-Verify|

  I often advise clients on the use of E-Verify and the importance of getting policies and procedures in place to ensure compliance.  This is particularly true for clients that do federal and state work.  Now it’s my turn to follow my own advice. I was recently appointed to represent the Nebraska Board of Engineers and Architects.  As such, I am a contractor for the State of Nebraska.  That means I [...]

4 Oct, 2015

The Importance of Providing Notice to a Surety

2018-04-23T23:55:10-05:00October 4th, 2015|Bond Claims, Construction Contractor Advisor|

A recent case out of Missouri emphasizes the importance of providing notice to a surety when a bonded subcontractor is in default.  When the question of whether a surety will be obligated under the bond is in the balance, notice is crucial. In CMS v. Safeco Insurance Company, Safeco provided a performance bond to a subcontractor for the benefit of CMS.  The bond specifically provided: PRINCIPAL DEFAULT. Whenever the Principal [Subcontractor] shall be, [...]

29 Sep, 2015

What To Do When the Government is Slow to Decide a Claim?

2018-04-23T23:55:10-05:00September 29th, 2015|Construction Contractor Advisor, Government Contracting|

You may know this situation all too well.  You’ve submitted your certified claim to the contracting officer and there it sits.  You ask for a decision and they say soon, but it’s not soon.  And pretty soon, several months have gone by.  Since the Court of Federal Claims’ decision in Rudolph and Sletten, Inc. v. U.S., the government may have to decide in 60 days or your claim will be [...]

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