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Jason Grams Graduates from the Nebraska State Bar Association’s Leadership Academy

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 with the media, and (5) issues in the courts.  This year, the group also led a campaign to assist the Nebraska Court Assisted Special Advocates (CASA) with a project to provide “Life Books” to Nebraska foster children.

Partner John Walker Defends Motor Vehicle Negligence Jury Trial

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 by the defense, meaning Plaintiff will not recover his costs in the action.  The Firm congratulates Mr. Walker and the entire LDM team who worked on the case.

Jason Grams Completes the National Association of Railroad Trial Counsel’s Trial College

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.

Jason Grams Appointed Nebraska Representative to the Advisory Committee of the US Court of Appeals for the Eighth Circuit

Effective January 1, 2014, Eighth Circuit Chief Judge William Jay Riley appointed Jason W. Grams to a four-year term as the Nebraska member of the Federal Advisory Committee to the Eighth Circuit Court of Appeals.  Established by 28 U.S.C. § 2077(b), the committee’s primary purpose is to make recommendations to the court regarding its rules and operating procedures.  Jason will also serve on the attorney admission fee fund subcommittee.  His term ends on December 31, 2017.

Partner Craig Martin to Speak at American Society of Professional Estimators

Partner Craig Martin will be presenting to the American Society of Professional Estimators (ASPE) on October 8th on the differences between Litigation and Arbitration, and how Mediation can factor into both.  He will also be reviewing contract language and the impact that language can have on how a company may pursue or defend claims on a project.

Partner Cathy S. Trent-Vilim Obtains Favorable Arbitration Award

LDM Partner Cathy S. Trent-Vilim recently obtained an arbitration award in her Client’s favor in a crop insurance case.  The claimant alleged that the crop insurer improperly removed the claimant’s New Producer status, resulting in an overpayment of indemnity benefits.  The parties agreed to proceed under expedited procedures and to submit the matter to the arbitrator in writing.  Three business days after the claimant submitted his rebuttal submission, the arbitrator issued his reasoned award, complete with findings of fact, determinations and a statement of the basis of the award.

Seven Lamson, Dugan & Murray Partners Named In The Best Lawyers in America® 2015

Lamson, Dugan & Murray is proud to announce that 7 of its partners have been selected by their peers to be included in The Best Lawyers in America® 2015.  In addition, 2 partners have been recognized as “Lawyer of the Year” in their respective fields, where only a single lawyer in each specialty in each community is honored.

William M. Lamson, Jr.

  • Best Lawyers® 2015 in Bet-the-Company Litigation
  • Best Lawyers® 2015 in Commercial Litigation
  • Best Lawyers® 2015 in Medical Malpractice Law-Defendants
  • Best Lawyers® 2015 in Personal Injury Litigation-Defendants
  • Best Lawyers® 2015 in Litigation-Regulatory Enforcement (SEC, Telecom, Energy)

Robert J. Murray

  • Best Lawyers® 2015 in Corporate Law
  • Best Lawyers® 2015 in Tax Law

Daniel P. Chesire

  • Best Lawyers® 2015 in Litigation-Insurance
  • Best Lawyers® 2015 in Personal Injury Litigation-Defendants
  • Best Lawyers® 2015 in Product Liability Litigation-Defendants
  • Omaha Personal Injury Litigation-Defendants “Lawyer of the Year

Patrick G. Vipond

  • Best Lawyers® 2015 in Commercial Litigation
  • Best Lawyers® 2015 in Medical Malpractice Law-Defendants
  • Best Lawyers® 2015 in Professional Malpractice Law-Defendants
  • Omaha Medical Malpractice Law-Defendants “Lawyer of the Year

Mark E. Novotny

  • Best Lawyers® 2015 in Medical Malpractice Law-Defendants

William R. Settles

  • Best Lawyers® 2015 in Medical Malpractice Law-Defendants
  • Best Lawyers® 2015 in Professional Malpractice Law-Defendants

Kyle Wallor

  • Best Lawyers® 2015 in Personal Injury Litigation-Defendants

Partner Bill Settles Obtains Verdict in Favor of Orthopedic Surgeons

LDM Partner Bill Settles recently completed a weeklong medical malpractice jury trial in the Lancaster County District Court.  The jury returned a verdict in favor of LDM’s clients, two orthopedic surgeons from Lincoln, NE.  The case involved the treatment of a complex ankle fracture in a fifteen year-old patient.  The patient developed a growth arrest in the ankle and required surgery to correct the resulting deformity.  He went on to suffer wound healing problems and developed an MRSA infection.  The resulting complications led to permanent impairment of the foot and ankle and nearly resulted in amputation.  Mr. Settles successfully defended the case against one of the premier plaintiffs’ attorneys in Nebraska.  The Firm congratulates Mr. Settles and the entire LDM team who worked on the case.

Partner Dave Schmitt Publishes Article Analyzing Computer Fraud and Abuse Act

Partner Dave Schmitt published an article in the Creighton Law Review:   David J. Schmitt, The Computer Fraud And Abuse Act Should Not Apply To The Misuse Of Information Accessed With Permission, 47 Creighton L. Rev. 423 (2014).  The article analyzes the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which has been the subject of conflicting and contrary judicial interpretations as to whether it is limited to violations of access restrictions, or whether it applies when an individual misuses computer information that was accessed with permission.  Mr. Schmitt analyzes the legislative history of the CFAA; the current split in the federal courts whether the CFAA applies when computer information accessed with permission is misused; recent legislation that has been proposed to resolve the ambiguity in the statutory text; legal doctrines that require the CFAA be interpreted narrowly; and policy considerations that support limiting the CFAA to violations of access restrictions.  He concludes with his recommendation that Congress amend the CFAA, and absent further action by Congress, that the United States Supreme Court resolve the judicial split by holding the CFAA does not apply to misuse. 

Partner Denise Destache Presents on Legal Issues in Nursing

Partner Denise Destache presented at the Nurse Leader Immersion Weekend sponsored by the University of Nebraska Medical Center at its Kearney campus on June 28th.  The presentation was on legal issues in nursing and included lecture, case evaluations, and mock depositions.  The seminar was attended by nurse administrators, nurse educators, and nurses enrolled in advanced practice nursing programs.