LDM recently secured affirmance of a judgment in its client’s favor. The case related to the value of a departing partner’s ownership interest in a national law firm. LDM’s trial team – consisting of Brian J. Brislen and Daniel P. Chesire – alongside co-counsel James J. Banks of Banks & Watson in Sacramento California, persuaded the court to adopt the client’s position on all issues raised by the departing partner. [...]
Congratulations to Bill Lamson and Denise Destache on a recent defense verdict. The case involved a shoulder surgery with subsequent complications. However, following three and a half days of testimony, it took an Omaha jury less than an hour to return a verdict in favor of our defendant physician in a case tried in Douglas County District Court.
Lamson, Dugan & Murray is pleased to announce that the Firm was recently selected by our clients and peers for inclusion in The Best Law Firms 2018 Edition of U.S. News - Best Lawyers®. The Firm was selected "Best Law Firms" in the following practice areas: Metropolitan Tier 1 Omaha • Commercial Litigation • Litigation - Regulatory Enforcement (SEC, Telecom, Energy) • Medical Malpractice Law - Defendants • Personal Injury [...]
Best Lawyers in America has named ten Lamson, Dugan & Murray LLP attorneys as "Lawyer of the Year” in The Best Lawyers in America 2018 Edition. The recognition of "Lawyer of the Year" is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Only one attorney is recognized as the "Lawyer of the Year" for each specialty and location. Bet-The-Company Litigation William [...]
Daniel P. Chesire, who was featured in the September 15th edition of the Catholic Voice, speaks of his time growing up at Boys Town. He is a current member of the Father Flanagan League Society of Devotion which is working on Father Flanagan’s cause for sainthood. Dan spent about 11 years growing up at Boys Town with his brothers. The home for boys, and now girls, provided a safe place [...]
Partners Mark Novotny and John Walker have recently been able to obtain tax exempt status for a large client in the State of Tennessee despite aggressive opposition by the Tennessee Department of Revenue. Proceeding administratively and on appeal, these attorneys were instrumental in having a Tennessee court adopt the position proffered on behalf of our client. This result follows similar proceedings in a half dozen other states granting similar tax [...]
Congratulations to John Walker on his admission to the Federation of Defense & Corporate Counsel. FDCC membership is limited, selective, about 1,400 members, and by nomination only of lawyers who have distinguished themselves professionally, who are of high professional standing and of good moral character. Members are: practicing lawyers who devote a substantial amount of their professional time to the representation of insurance companies, associations or other corporations, or others, [...]
The litigation team of Mark Novotny, Nancy Pont and Shelli Eden, after a two week trial, obtained a defense verdict after one and one-half hours of jury deliberations. The case was a complicated matter dealing with the effect of anticoagulation medication in a patient with chronic atherosclerotic vessel disease, diabetes, elevated PSA and a fem-pop venous graft.
LDM partners Bill Lamson, Bill Settles, and Jason Grams recently won an important victory for health care providers in the United States Court of Appeals for the Eighth Circuit. The case involved a claim of medical malpractice made against a midwife and local hospital by the parents of a neurologically injured child. After a jury verdict of $17 million, the trial court reduced the verdict to $1,750,000 pursuant to Nebraska’s [...]
The Association of American Railroads (“AAR”) held its 2017 Advanced Claims School in Overland Park, Kansas from Monday, May 8, 2017 through Friday, May 12, 2017. This week long school provided educational and training opportunities for AAR claims professionals with three (3) or more years of experience in the railroad industry. Several presenters were invited to teach courses to advance the skills and knowledge of claims representatives from varying railroads, [...]
LDM partners Cathy S. Trent-Vilim and Daniel P. Chesire recently obtained a victory for their client – without conducting any discovery in the case and short of obtaining a ruling from the court on the client’s pending motion for summary judgment. The case involved a claim brought by an injured party, individually and as personal representative of the spouse’s estate, related to injuries from a fire. The accidental fire killed [...]
More Congratulations! Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April. Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages. However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet [...]
On May 5, the Nebraska Supreme Court affirmed the jury verdict in favor of Union Pacific in Winder v. Union Pacific, a case tried by Anne Marie O’Brien, Daniel J. Hassing, and Andrew Reinhart. The Lamson Dugan team defended Union Pacific in the seven-day jury trial that focused on whether an allegedly inoperative handbrake violated the Federal Safety Appliance Act and caused or contributed to Kevin Winder’s injuries. The Lamson [...]
Congratulations to David J. Schmitt who was inducted as a member of the Nebraska Chapter of the American Board of Trial Advocates (ABOTA). According to its mission, ABOTA members are attorneys who display skill, civility and integrity. Membership is by invitation only, after ballot and restricted to trial lawyers who are of high personal character and honorable reputation. In addition, ABOTA members are required to compile a requisite number of [...]
Attorney Nelly Greenberg was a panelist in University of Nebraska Omaha (UNO)’s “Success Series: Life as a Lawyer.” The “Success Series” is a career exploration program that offers ways for students to explore different occupations and career paths. Nebraska Law alumni participated in the panel discussion to help students interested in pursuing law school understand what various practice areas are like, what lawyers do, what a typical day or week [...]
Congratulations to Laura Cejka who was name Legal Professional of the Year by the Omaha Legal Professionals Association. Laura has been at Lamson, Dugan & Murray for two years and she was nominated for her hard work and dedication not only to her attorneys and our Firm, but the legal profession as a whole. Partner Cathy Trent-Vilim who nominated Laura said “she is proactive, conscientious and genuinely cares about doing the [...]
More Congratulations! Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April. Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages. However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet [...]
Congratulations to Cathy S. Trent-Vilim for her success in getting summary judgment for her client in a legal malpractice action, and then obtaining summary affirmance of the trial court’s order by the Nebraska Court of Appeals.
Congratulations to Brian J. Brislen, Sarah F. Macdissi, Cathy S. Trent-Vilim and Spencer R. Murphy on their win at the trial court level and affirmance by the Nebraska Court of Appeals. Brian and Sarah succeeded in getting the suit, premised upon an unenforceable non-compete agreement, dismissed at the trial court level. On appeal, Cathy and Spencer succeeded in getting the trial court’s ruling summarily affirmed on grounds that the plaintiff’s [...]
A team of LDM partners worked together to obtain a successful outcome of a case at the trial court level, and then to protect the win on appeal. Patrick G. Vipond obtained a dismissal at the trial court level; Brian J. Brislen wrote a winning appellate brief; and Cathy S. Trent-Vilim argued the appeal to the Nebraska Supreme Court.
Cathy S. Trent-Vilim, prepared a successful appellant’s brief on behalf of firm client. The appeal resulted in the reversal of a near-seven figure jury verdict and the case was remanded for a new trial.
In January 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a lawsuit brought by a former mental patient against various mental health providers. Jason W. Grams argued the appeal on behalf of five of the providers. William M. Lamson, Jr. and Michael L. Storey orchestrated dismissal of the suit in the district court. The Eighth Circuit affirmed the dismissal on qualified immunity and [...]
In March 2017, Patrick G. Vipond and Sarah M. Dempsey obtained a summary judgment order dismissing a medical malpractice action. Mr. Vipond and Ms. Dempsey represented a hospital, a physician, and the physician’s medical practice in an action filed by a child and his family for medical malpractice. Mr. Vipond and Ms. Dempsey were successful in arguing that the plaintiffs’ expert witness was not qualified to give an opinion that [...]
The Creighton Law Review held its 2017 Symposium on Thursday, March 16. Lamson, Dugan & Murray sponsored the event, which focused on The Lawyer’s Leadership Role: A Tour of Legal Ethics. The speakers included Professor John McKay, Arnold J. Johnson, J. Scott Paul, and Adam White. Over 300 attorneys attended the Symposium and a reception was held afterward to celebrate Creighton Law Review’s fiftieth anniversary. Spencer Murphy, a former law [...]
In January 2017, Anne Marie O’Brien and Daniel J. Hassing received a defense verdict after a five day jury trial in Douglas County District Court. The Plaintiff had sued under the Federal Employer’s Liability Act, a federal statutory scheme governing workplace injuries for railroad employees working in furtherance of interstate commerce. The Plaintiff alleged that he had suffered whiplash injuries to his cervical spine when the locomotive he was sitting [...]
Congratulations to John M. Walker and Catherine E. French for obtaining a verdict, after a two day bench trial, finding that a petition filed against their client was frivolous. This resulted in an award of attorney’s fees and significant savings for their client.
Congratulations to Patrick G. Vipond and John M. Walker for obtaining a defense verdict after an 8-day medical malpractice trial. Plaintiff’s counsel requested the jury return a verdict in the amount of $7-15 million, but the jury returned a unanimous defense verdict after less than 3 hours of deliberations.
Congratulations to Partner Anne Marie O’Brien who received the National Association of Railroad Trial Counsel (NARTC) Outstanding Service Award. The award is designed to recognize members who provide exceptional and outstanding service to the NARTC. Anne Marie is the current Vice-President of the Central Region. She is a member of the NARTC Executive Committee, Future Planning Committee, Jury Instruction Committee, Site Selection Committee and Program Committee. She is a faculty [...]
LDM Partners Sean Minahan and Cathy Trent-Vilim recently put on their ‘acting shoes’ to assist Nebraska insurance agents by participating in a mock trial at the Big-I conference in Kearney, Nebraska. The mock trial, which was based on facts from former agent liability cases, was aimed at educating insurance agents on current E&O issues in the industry.
Ms. Trent-Vilim recently contributed two chapters to the updated Nebraska Appellate Practice Handbook: Chapter 18 (Writing Effective Briefs) and Chapter 20 (Creating an Effective Record for Appeal). The 2016 Handbook, published by the Nebraska State Bar Association, is now available and may be obtained from the NSBA’s online store.
The American Board of Trial Advocates, (ABOTA) has recently admitted Lamson Dugan & Murray, LLP partner, David Schmitt to its Nebraska chapter. The board is a national association of trial lawyers and judges committed to improving legal representation, promoting the art of advocacy and administering justice. Membership in the organization is by invitation-only and limited to trial attorneys, with extensive courtroom experience, who exhibit high personal character, an honorable reputation [...]
Jessica L. Weborg is an associate in the Firm’s Litigation Department. Ms. Weborg received her Bachelor of Arts degree in Political Science, with honors, from the University of Montana. She also interned for U.S. Senator Max Baucus at the U.S. Capitol and interned at his field office in Missoula, Montana. Ms. Weborg received her law degree from Creighton University School of Law, cum laude. Spencer R. Murphy is an associate in the [...]
Congratulations to LDM partners Cathy S. Trent-Vilim and Patrick G. Vipond, who recently obtained a summary judgment for their client. The client, an insurance agency, was sued by a worker’s compensation insurer who alleged an insurance agent misrepresented material information on an insurance policy application. The insurer alleged that had correct information been provided, the insurer would have never issued the worker’s compensation policy and would not have been required [...]
Bob Murray and Katie French of our office have just resolved a multi-million dollar case with the Internal Revenue Service in which the Service conceded the proposed imposition of excise taxes under I.R.C. § 4941(a)(1) and (b)(1). The case in point involved the early termination of a Charitable Remainder Unitrust (“CRUT”). The IRS conceded the issue of self-dealing after the taxpayers demonstrated that they had followed the rationale of a [...]
On August 30, 2106, partners Cathy Trent-Vilim and William M. Lamson, Jr. presented Creating an Effective Record for Appeal to the Appellate Practice Section of the Nebraska State Bar Association. Those in attendance received information about creating a record for a successful appeal.
Lamson, Dugan & Murray, LLP is proud to announce that 10 of its partners have been selected by their peers to be included in The Best Lawyers in America® 2017. William M. Lamson, Jr. Best Lawyers® 2017 in Bet-the-Company Litigation Best Lawyers® 2017 in Commercial Litigation Best Lawyers® 2017 in Medical Malpractice Law-Defendants Best Lawyers® 2017 in Personal Injury Litigation-Defendants Best Lawyers® 2017 in Litigation-Regulatory Enforcement (SEC, Telecom, Energy) Robert J. [...]
On May 9, 2016, partner Sean Minahan provided a presentation to the Nebraska Chapter Construction Specification Institute: https://www.csinebraska.org/about-us. Mr. Minahan’s presentation provided those in attendance information and real world examples of the legal issues created by the OSHA Multi-Employer worksite policy and indemnity clauses found in most construction contracts.
Lamson, Dugan & Murray, LLP is proud to announce that 11 of its partners have been selected by their peers to be included in The Best Lawyers in America® 2016. In addition, William Settles has been recognized as "Lawyer of the Year" in a respective field, where only a single lawyer in each specialty in each community is honored. William M. Lamson, Jr. Best Lawyers® 2016 in Bet-the-Company Litigation Best Lawyers® [...]
LDM Partner William M. Lamson, Jr. and associate Sarah M. Smith successfully prosecuted an arbitration on behalf of a corporation against a former vendor. The corporation claimed that the vendor had submitted fraudulent billing in conspiracy with a former employee as part of a kickback scheme. The arbitrator found in favor of the corporation on all of its claims, awarding $2.6 million in damages. The Firm congratulates Mr. Lamson, Ms. [...]
Partner Mark Novotny and Law Clerk Ryan Crnkovich were recently published in the Patient Safety Solutions “Advisory”, April 2015 edition summarizing Nebraska minor consent laws. Mr. Novotny and Mr. Crnkovich summarize the age of majority laws in Nebraska and discuss the statutory and case law authority for minors discussing emancipation, marriage, organ donation, sexually transmitted diseases, mental health and substance abuse, emergency treatment, abortion, contracts, leases, powers of attorney for [...]
Craig Martin is a new member of the board for the Associated Builders and Contractors, Cornhusker Chapter. ABC is a leading voice promoting free enterprise within the construction industry and promotes "merit shop", a philosophy that awards work to the most qualified and lowest bidder regardless of labor affiliation.
David Schmitt received his Master of Laws (LLM) degree from the University of Nebraska's Space, Cyber and Telecommunications Law program in 2013. This program which was started in 2008 has had 42 lawyers graduate since its inception. Click here to read more about NU's "space law" program and Mr. Schmitt's interview with the Omaha World Herald regarding his cyber law practice.
Brian Brislen and Dan Waters will be presenting on a variety of subjects at an NBI Seminar to be held on May 5, 2015 at the Scott Conference Center. The seminar, “Partnership and Shareholder Disputes from Start to Finish” will guide participants through ownership conflicts in family-owned and closely-held businesses. For more information, please click here.
Sean Minahan presented at a CLE on the issues of Negotiating an Equitable Crop Share Leases and Livestock Agreements: Cash Lease and Share for the National Business Institute. For further information, please check out the following links: Livestock Presentation Crop Share Presentation
Sean Minahan, a fellow of LEAD 31, presented at the 2014 LEAD Alumni Conference on January 17, 2015 in Kearney, Ne. The presentation topic was an explanation of the proposed changes to the EPA's definition of "Waters of the United States" under the Clean Water Act. The Nebraska LEAD Program began 33 years ago to develop future agricultural leaders in Nebraska. You can learn more about this program at https://lead.unl.edu/.
We are pleased to announce that Craig Martin has been named "Rookie of the Year" by the National Association of the Remodeling Industry, Nebraska Chapter. Mr. Martin has also been elected to its Board of Directors.
On July 1, 2014, Jason Grams became president of the Omaha, Nebraska chapter of the American Inns of Court. The Robert M. Spire American Inn of Court is a distinguished group of judges, lawyers, and law students dedicated to the development of civility, ethics, professionalism, and excellence in the legal profession. Jason previously served as treasurer and president-elect of the Inn.
Jason W. Grams graduated from the Nebraska State Bar Association’s Leadership Academy on July 18, 2014. The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make greater contributions to the legal profession and their community. Academy participants engage in day-long monthly seminars on a variety of topics including (1) leadership skills, (2) governance/community service, (3) legislative session, (4) interacting [...]
LDM Partner John Walker successfully defended a motor vehicle negligence jury trial in the Lancaster County District Court. The jury returned a verdict favorable to LDM’s clients. The Plaintiff’s attorney requested the jury return a verdict of $25,000. Mr. Walker recommended $4,000 or a lesser amount if the jury felt it appropriate. The jury returned a verdict of $3,508.41. This amount was less than an offer to confess previously filed [...]
Jason W. Grams has completed the NARTC’s 2014 College of Railroad Trial Advocacy. The college is a seven-day immersive mock trial experience involving small groups of students instructed by highly experienced railroad trial lawyers. Approximately 30 students are selected annually for the college, which is held at the Four Seasons hotel in Irving, Texas.
