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Judgment In Excess of $5,800,000

Kyle Wallor, a Partner in our Litigation Department, successfully secured a summary judgment in excess of $5,800,000 in the United States District Court for the Northern District of Illinois.  The client initiated suit asserting breach of fiduciary duty, breach of contract, conversion, money had and received, an action for an accounting and piercing the corporate veil against a vendor.  The vendor contested all claims, largely on the basis this was nothing more than a general debt.  The Court granted summary judgment in the client’s favor on the claims of breach of fiduciary duty, conversion and an accounting. 


Defense Verdict

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 Named Best Law Firms 2018 Edition of U.S. News – Best Lawyers

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
• Commercial Litigation
• Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
• Medical Malpractice Law – Defendants
• Personal Injury Litigation – Defendants
• Product Liability Litigation – Defendants
• Professional Malpractice Law – Defendants

Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking, a law firm must have at least one lawyer listed in The Best Lawyers in America© list for that particular location and specialty.

Best Lawyers in America Named

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 M. Lamson, Jr.

Commercial Litigation
William M. Lamson, Jr.
Brian J. Brislen
Mark E. Novotny
Cathy Trent-Vilim
Patrick G. Vipond

Corporate Law
Robert J. Murray

Legal Malpractice Law-Defendants
William R. Settles

Litigation Insurance
Daniel P. Chesire

Litigation-Regulatory Enforcement (Sec, Telecom, Energy)
William M. Lamson, Jr.

Medical Malpractice Law-Defendants
William M. Lamson, Jr.
Mark E. Novotny
William R. Settles
Patrick G. Vipond

Personal Injury Litigation-Defendants
Daniel P. Chesire
William M. Lamson, Jr.
David J. Schmitt
Kyle Wallor

Product Liability Litigation-Defendants
Daniel P. Chesire

Professional Malpractice Law-Defendants
William R. Settles
Patrick G. Vipond

Railroad Law
David J. Schmitt

Robert J. Murray

Partner Chesire Speaks of His Experience Growing Up at Father Flanagan’s Boys Town

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 for them to grow up after the death of their mother. “Because of my experience at Boys Town, I learned that a family that prays together, establishes an unbreakable bond,” said Chesire, who is married with two children.

LDM Partners Litigate Tax Savings for Client

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 relief for this client.


Partner John Walker admitted into the Federation of Defense & Corporate Counsel (FDCC)

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, in the defense of civil litigation; and corporate counsel engaged in the administration of defense of claims or for insurance companies, associations or corporations who have national, regional or company-wide responsibility for a company of greater than local significance.

Partner Mark Novotny Obtains Defense Verdict in Medical Malpractice Case

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 Successfully Defend Medical Malpractice Damages Cap

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 statutory damages cap in medical malpractice cases.  The parents appealed, arguing that Nebraska’s damages cap violates the 7th Amendment’s right to jury trial, the 5th Amendment’s takings clause, and the constitutional guarantees of equal protection and substantive due process.  Partners Lamson, Settles, and Grams were appointed Special Assistant Attorneys General to defend the constitutionality of the statute on behalf of the State of Nebraska.  A unanimous panel of the Eighth Circuit Court of Appeals rejected each of the parents’ arguments, and held that Nebraska’s medical malpractice damages cap does not violate the United States Constitution.  LDM congratulates all who contributed to this very important result, which assures that health care in Nebraska will remain available and affordable for the foreseeable future.

Kyle Wallor and Michael L. Storey Present to the Association of American Railroads (“AAR”) Claims School

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, including: Union Pacific Railroad, BNSF Railway Company, Kansas City Southern Railroad, The Norfolk & Western Railway Company, Amtrak, Canadian National, etc.

Among the presenters were Partner Kyle Wallor and Associate Michael L. Storey of Lamson, Dugan & Murray, LLP.  Mr. Wallor presented on Jury Selection and the Reptile Theory.  The presentation on Jury Selection addressed the challenges and realities of the selection process and effective ways for claims professionals to assist with the selection process considering social media’s pervasive presence and rapid expansion.  Mr. Wallor also discussed techniques of the Reptile theory and its potential impact on lawsuits against railroad entities.

Mr. Storey gave a presentation entitled “Strategic and Tactical Uses of Motion Practice.”  The presentation discussed the use of dispositive motions, as well as motions in limine, to secure favorable outcomes for the railroads and how claims professionals can maximize their role in that process.