Latest News

28 Jun, 2013

Is this the end or just the beginning?

By |2018-04-23T23:52:20+00:00June 28th, 2013|Health Care Law, Midwest Medical Legal Advisor|

Today marks my husband’s last day of residency.  As he walks out of his last call shift, he says a bittersweet farewell to not only his on call pager (the sound of which will likely trigger a nervous twitch for many years to come) - but to an army of mentors and a group of colleagues bonded through three years of work with little sleep.  The topic of residency has [...]

26 Jun, 2013

Can Sureties be Sued for Bad Faith?

By |2018-04-23T23:55:17+00:00June 26th, 2013|Construction Contractor Advisor, Performance Bond|

A recent case out of Pennsylvania again raises the oft disputed issue of whether a surety may be sued for bad faith by the beneficiary of the bond. Courts throughout the country have reached differing conclusions as to whether bad faith claims may be brought against sureties. Those courts that have found that sureties may not be sued for bad faith have found a significant distinction between insurance and suretyship. [...]

25 Jun, 2013

The Impact of Unnecessary Surgery

By |2018-04-23T23:57:56+00:00June 25th, 2013|Health Care Law, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor, Nebraska Hospital-Medical Liability Act, Risk Management, Tort Reform|

A recent article in USA Today posits that doctors perform thousands of unnecessary surgeries every year.  It claims that unnecessary surgeries might account for 10% to 20% of all operations in some specialties, including a wide range of cardiac procedures.  It generally cites three reasons as the cause of the problem: - doctors who enrich themselves by bilking insurers for operations that are not medically justified; - doctors who simply lack the competence [...]

21 Jun, 2013

Whistleblower Claims Should Concern You

By |2018-04-23T23:55:17+00:00June 21st, 2013|Construction Contractor Advisor, Whistleblower Claims|

The Department of Labor recently announced a large settlement involving alleged Disadvantaged Business Enterprise fraud.  While the settlement amount, $2.88 million, is significant, I found the whistleblower’s share, $562,370.00, is even more significant. The False Claims Act generally applies to the submission of false or fraudulent claims for payment to the federal government.  It also contains a whistleblower provision that allows private parties to file a complaint against the contractor [...]

19 Jun, 2013

LDM Welcomes New Team Members

By |2018-07-11T18:17:17+00:00June 19th, 2013|Latest News, News|

LDM would like to welcome three new Law Clerks to the Firm this summer as well as a new Human Resources Manager. Kate Geyer will be a 3rd year law student at University of Nebraska at Lincoln where she also received her Bachelor's degree in History and Medieval & Renaissance Studies.  Jonathan Cox will be a 2nd year law student at Creighton University.  He received his Bachelor's degree from University [...]

18 Jun, 2013

A Lesson in the Battle of the Experts – San Francisco Bay Bridge

By |2018-04-23T23:55:17+00:00June 18th, 2013|Construction Contractor Advisor|

The problems with the Bay Bridge are not yet resolved, but a panel of experts has indicated that the Bridge is ready and safe to open.  Not surprisingly, other experts disagree.  Just like in a construction case, experts can reach completely different opinions based on identical facts. Caltrans, the bureaucratic agency overseeing the Bay Bridge project, established the Toll Bridge Seismic Safety Peer Review Panel to assist with the construction [...]

18 Jun, 2013

Protecting Emergency Services Providers from Communicable Diseases

By |2018-04-23T23:52:20+00:00June 18th, 2013|Health Care Law, Midwest Medical Legal Advisor, Risk Management|

It’s a scene straight from a movie – someone is injured and you rush to render aid.  Of course, there’s blood – and with blood comes the potential exposure to communicable diseases.  So, what should you do if you do not know whether the person you have been assisting may have placed you at risk? The Nebraska statutes and regulations provide some protection to emergency services providers (including individuals rendering [...]

14 Jun, 2013

The National Practitioner Databank

By |2018-04-23T23:57:56+00:00June 14th, 2013|Disciplinary Actions, Health Care Law, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor, Risk Management|

No doctor wants to be the target of a medical malpractice lawsuit.  Nor does any doctor want to be reported to the National Practitioner Databank.  I recently argued before the Eighth Circuit Court of Appeals in an attempt to remove a doctor’s name and report from the Databank. My main take-away from this experience: if and when you receive notice that you are the subject of a disciplinary proceeding where [...]

13 Jun, 2013

Wet Weather Problems Pt II: Crop Insurance and Your Options

By |2018-04-23T18:22:21+00:00June 13th, 2013|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

  To plant or not to plant?  It is a question several farmers are facing this year in those areas of the Midwest where the rain hasn't let up and the rivers have overtopped their banks.  In some areas, the decision has been made for them.  In those areas where the fields are beginning to dry out, farmers are well advised to speak with their crop insurance agent to determine how their decision may [...]

11 Jun, 2013

Habitat for Humanity – Builders’ Blitz 2013

By |2018-04-23T23:55:17+00:00June 11th, 2013|Construction Contractor Advisor, Habitat for Humanity|

This past week was the Omaha Builders’ Blitz for Habitat for Humanity.  During this event, nine construction companies constructed nine homes in just one week.  This year’s builders were: Lueder Construction Company, JE Dunn, MCL, Kiewit, Build Omaha, Muhle, Vantage, Weitz Company, and the M Group. This is a tremendous event and the progress is amazing.  Figuring that Habitat for Humanity usually plans for three months to complete a house, [...]

7 Jun, 2013

Wet Weather Problems Pt. 1: Manure Application and Iowa Law

By |2018-04-23T18:22:21+00:00June 7th, 2013|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

This spring it rains 3 days for every 1 day it doesn't rain in Iowa.  At least it seems.   While the headlines concentrate on the delayed planting and replanting caused by flooded fields, livestock producers are scrambling to find ways to drain holding ponds filling up with rainwater.    Livestock operators can relieve pressure on the holdings ponds by applying the manure onto the neighboring fields.  Manure application is an important aspect of any operation's manure management plan and [...]

7 Jun, 2013

Doctors-in-Training Have Only 8 Minutes Per Patient

By |2018-04-23T23:52:20+00:00June 7th, 2013|Health Care Law, Medical Malpractice, Midwest Medical Legal Advisor|

How much time should a physician spend with their patient? In an ideal world, the answer would be as much time as needed.  Yet, according to a new study conducted by researchers from the John Hopkins University and the University of Maryland, gone are the days where new physicians had the time to truly get to know the individuals they treat.   This new study found that physicians-in-training spend about eight minutes per day [...]

6 Jun, 2013

Are you Waiving Your Rights Good-bye?

By |2018-04-23T23:55:17+00:00June 6th, 2013|Construction Contractor Advisor, Lien Waiver|

Every contractor has been asked to sign a lien waiver.  But, are you closely reviewing the waiver?  Do you know what rights you are waiving? Lien waivers usually contain some version of the following: This waiver constitutes a representation by [Contractor] that the payment referenced above, once received, constitutes full and complete payment for all work performed, and all costs or expenses incurred relating to the work or improvements at [...]

4 Jun, 2013

The DBE Program is Not Working

By |2018-04-23T23:55:17+00:00June 4th, 2013|Construction Contractor Advisor, Disadvantaged Business Enterprises|

The U.S. Department of Transportation’s Office of Inspector General completed its audit of the Disadvantaged Business Enterprise and found that the program is not working.  (Hat Tip to Wally Zimolong, Supplemental Conditions)  The scathing audit found that the entire DBE program is poorly run, which is not a surprise to contractors having to deal with the program. The Inspector General’s Audit , consisting of 40 single spaced pages, finds failures [...]

3 Jun, 2013

5 Reasons to Consider Railroad Protective Insurance

By |2018-04-23T20:59:44+00:00June 3rd, 2013|Midwest Insurance Law Guide, Railroad protective insurance coverage|

1.   The railroad is the named insured on the policy.  Contractors purchase it for the benefit of a railroad.  2.   It is primary.  It is the first layer of coverage and can be augmented by a CGL policy, or an umbrella or excess policy. 3.   It is narrow in coverage.  It applies only to a specific site where work is to be performed. 4.   It is narrow in scope.  It applies only to work [...]