It’s our pleasure to announce that Cathy Trent-Vilim is the 2018 recipient of the Omaha Legal Professionals Association’s Boss of the Year Award! She will be recognized at the OLPA Annual Boss Appreciation and Officer Installment banquet on April 18, 2018. Please join us in congratulating her.

A judicial nominating commission selected four lawyers Monday as finalists to fill the vacancy on the Nebraska Supreme Court created by the sudden resignation of Judge Max Kelch.

Cathy Trent-Vilim is a partner at Lamson, Dugan and Murray and one of the four candidates chosen.  Trent-Vilim is a 2002 graduate of the University of Nebraska College of Law and works in the areas of appellate litigation, commercial and insurance law and legal malpractice defense.

Gov. Pete Ricketts will now schedule interviews with the finalists before appointing one to the Supreme Court.

LDM would like to congratulate our very own E. Benjamin Nelson on receiving the Distinguished Nebraskalander Award on Saturday night in Lincoln. The dinner was held in the Capitol Rotunda.  The setting was beautiful and majestic, with art deco mosaics of Nebraska scenes over our heads and under our feet. 

Governor Ricketts presented the award to Ben after the Legislative Resolution was read.  The Resolution, adopted by the Unicameral, cited just a few of Ben’s many achievements for the State of Nebraska. 

Governor Ricketts noted many of Ben’s past accomplishments.  He also cited Ben’s unfailing courtesy and bi-partisan support for Nebraska’s interest as both Governor and as U.S. Senator.  The Governor talked about all the work Ben has done on behalf of Nebraskans in his many years of public service.  He mentioned Ben’s support of the University and greater Nebraskan agriculture.  Also Governor Ricketts talked about how much of a mentor Ben has been, and that Ben has generously given his time and advice to Governor Ricketts when he was new to the job.   

At the podium, Ben talked about his lovely wife, Diane, and thanked her for all her work on behalf of the State too.  He also thanked Lamson Dugan and Murray.    

Finally Ben talked about what makes Nebraska so great. He said that we can have divisions in our ideas, and divisions in our parties, but not divisions in our people.  It was a fitting note to end the evening.  Ben’s closing remarks made us all very proud to be a Nebraskan.  And it also made us very proud to know Ben and have him be a member of our Firm.  Congratulations Ben!

Dan Hassing, an associate in the firm, recently received a defense verdict after a one and one-half day jury trial in the Douglas County District Court.  The case involved a side-swipe car accident that occurred in Omaha.  Our client was travelling in the left lane of a two-lane street.  When our client sought to merge from the left lane into the right lane, our client hit a car that was in her blind spot in the right lane.  There was a factual dispute as to the severity of the accident and the damage sustained to the cars.

The evidence was that six days after the accident, the plaintiff began treatment with a chiropractor. That chiropractor then referred plaintiff for a series of MRI’s.  The plaintiff was also referred for physical therapy. All told, plaintiff’s medical treatment spanned about several months and exceeded $10,000.00.

At trial, the defense admitted negligence but denied that the negligence had been the cause of any damages.  After a trial that spanned one and one-half days, the jury agreed and awarded Mr. Hassing and the client a defense verdict.

Mr. Hassing is an associate in the Firm and is just one of many younger up-and-coming attorneys in the Firm who will be providing effective representation and obtaining favorable results for our clients for many years to come.

Attorney Sarah Dempsey recently received a favorable verdict in an auto accident defense trial.  Ms. Dempsey’s client admitted liable for causing the accident.  The only remaining issue for trial was the amount of the plaintiff’s damages.  The plaintiff claimed she was injured in the accident and required medical treatment.  She wanted to hold Ms. Dempsey’s client liability for a spine surgery that occurred over three years after the accident in question.  The plaintiff asked the jury for over $220,000 in damages for medical expenses, lost wages, and pain and suffering.  Ms. Dempsey asked the jury to return a verdict of $5,800 to $8,800.  The jury came back with a verdict of $8,800.

LDM business and commercial trial lawyer Brian Brislen has been admitted to practice in the United States Tax Court.  Mr. Brislen joins Robert Murray, Dan Waters, Mark Novotny, Katie French and Joseph Borghoff as LDM lawyers admitted in the United States Tax Court.  Mr. Brislen is also admitted in Nebraska as well the United States District Court for the Districts of Nebraska, Colorado and the Southern District of Iowa, the United States Court of Appeals for the Eighth Circuit and the United States Supreme Court.  Mr. Brislen, Mr. Murray and Mr. Borghoff will be representing two LDM clients before the tax court in cases that are expected to be tried this summer.  Mr. Brislen will serve as lead trial counsel.

LDM business and commercial trial lawyers Brian Brislen and Adam Feeney helped an LDM client obtain a judgment of nearly $2,200,000.  They represented the client at trial over three days in July of 2017, in a claim seeking payment of money owed after a nearly decade long farming operation ended.  The action sought to recover the full amount of the profits owed to LDM’s client, plus interest.  After the close of a post-trial briefing schedule closing arguments were presented on October 31, 2017.  In an Order dated January 31, 2018, the Court found that the client met his burden to prove a breach of contract, money had and received, and a breach of the duty of good faith and fair dealing inherent in contractual relationship.  The Court also denied the defendant’s allegation that the claim was barred by the statute of limitations.  Ultimately, the Court awarded our client the full amount sought:  a total Judgment of $2,186,638.83.

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. 

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 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.

ABOUT “BEST LAW FIRMS”
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.