Mark E. Novotny

Partner

Mark Novotny is a founding partner of Lamson, Dugan and Murray, LLP and a member of the Firm’s Litigation Department. Mr. Novotny’s practice includes extensive areas of litigation in all courts, tribunals, alternative dispute resolution forums, arbitrations and with governmental regulatory bodies and agencies. Mr. Novotny regularly represents individuals, corporations, governmental entities and all types of organizations in federal and state civil litigation, commercial disputes, intellectual property matters, environmental issues and regulatory compliance. He is admitted to practice in both State and Federal Courts in Nebraska, the United States Supreme Court, United States Tax Court and the United States Court of Appeals for the Eighth Circuit. Mr. Novotny has also been admitted in the Federal District Courts in Arizona, Colorado, and Wisconsin.

Professional Highlights

Significant Appellate Cases

L. Timothy Wagner v. Gennaro J. Orrico,et al, 8^thCircuit Court of Appeals, 8:94CV116, July 2, 1999. Large complex commercial litigation dealing with RICO, civil fraud and insurance receivership with the 8^thCircuit Court of Appeals affirming Mr. Novotny’s client’s judgment in the amount of $50.1 million.
Hoffart v. Hodge, 5 Neb.App. 838, 567 N.W.2d 600, Neb.App., July 01, 1997. Complex medical malpractice case involving two appeals affirming twice jury verdicts in favor of Mr. Novotny’s clients and setting the standard for habit and routine evidence and scope of medical expert testimony standards.
Chism v. Campbell, 250 Neb. 921, 553 N.W.2d 741, Neb., October 11, 1996. Medical malpractice matter affirming a judgment in favor of Mr. Novotny’s client refining the establishment of the use of the doctrine of res ipsa loquitor in medical negligence case.
Waite v. Carpenter, 1 Neb.App. 321, 496 N.W.2d 1, Neb.App., October 27, 1992 and Waite v. Carpenter, 3 Neb.App. 879, 533 N.W.2d 917, Neb.App., July 03, 1995. Complicated series of six medical malpractice lawsuits establishing the doctrine of the unauthorized practice of law in this field upholding dismissal for Mr. Novotny’s clients.
Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102, Neb., June 24, 1994. Involved medical negligence cases establishing in Nebraska the legal doctrine of not recognizing a cause of action for wrong birth of a viable child in favor of Mr. Novotny’s client.
Stetson v. Silverman, 278 Neb. 389 (2009). Original mandamus action to the Nebraska Supreme Court establishing the standard for protection of Nebraska Department of Health and Human Services privilege of confidential investigation information for licensed health care providers.

Significant Jury Trial Experience

Mr. Novotny has taken approximately sixty cases to jury verdict in the areas of professional/ medical negligence, complex commercial litigation, personal injury and intellectual property. Representative cases include the following among others:

Cardiac case including missed heart attack, anti-arrhythmia medicines, cardiac nuclear tests, stress tests, cardiac enzyme tests, failure to diagnose cardiac disease.
Civil RICO-insurance fraud
Multiple medical negligence cases involving brain damage, death, surgical complications, obstetric issues among others.
Automobile negligence
Investment fraud, insurance fraud
Product liability cases including appliance cases, fire, defective materials, defective construction.
Insurance coverage issues
Intellectual property including copyright infringement, trademark.
Will contest
Employment discrimination
FELA injury
Financial planner professional negligence

Professional Background

Mr. Novotny is a member of the Nebraska State Bar Association, Omaha Bar Association, Nebraska Defense Counsel Association, Defense Research Institute, American Board of Trial Advocates and National Association of Railroad Trial Counsel. He is a Fellow of the Nebraska Bar Foundation. He earned his J.D.; cum laude from Creighton University School of Law where he was a member of the Moot Court Team and Moot Court Board of Directors. Mr. Novotny received his undergraduate degree from the University of Nebraska at Omaha. Mr. Novotny is AV rated by Martindale Hubbell. He is a regular speaker on various areas of health care law, professional negligence, risk management, and compliance.

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