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31 Aug, 2014

Happy Labor Day—But where is the labor?

By |2018-04-23T23:55:13+00:00August 31st, 2014|Construction Contractor Advisor, Construction Economy|

Associated General Contractors recently reported that employment expanded in 65% of the metro areas it surveyed. While this is great news for the construction industry, of great concern is that 25% of the companies responding to the survey noted that they were turning down jobs because of labor shortages. The survey revealed that construction management employees, including project managers, supervisors, and superintendents, are in the shortest supply, followed closely by [...]

28 Aug, 2014

Oh the Humanity! What to Do When the Nebraska Court of Appeals Cancels Your Oral Argument in an Appeal PART I

By |2018-04-23T20:50:32+00:00August 28th, 2014|Appellate Work, Nebraska Litigation & Trial Advisor|

This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. Imagine stepping up to the plate, preparing to hit your first baseball of the season.  You’ve been looking forward to this moment for months, picturing it in your mind and practicing for what seems like forever.  Just as the pitcher gets ready to wind up, the heavenly floodgates open and a torrential downpour ensues.  Worse yet, the [...]

28 Aug, 2014

No Sweeping Under the Rug

By |2018-04-24T00:00:14+00:00August 28th, 2014|Health Care Law, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor, Risk Management, Tort Reform|

It happed in California several weeks ago.   After 2 ½ days of jury deliberation, the jury awarded a $4 million verdict against a hospital for allegedly covering up the cause of the post-operative death of a patient.  The jury did not find that the hospital committed malpractice and did not award punitive damages (which cannot be awarded in Nebraska). The patient had a surgical cervical disc.  Post operatively he had [...]

26 Aug, 2014

Partner Bill Settles Obtains Verdict in Favor of Orthopedic Surgeons

By |2018-07-11T18:17:16+00:00August 26th, 2014|Latest News, News|

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 [...]

25 Aug, 2014

Bid Protests—a necessary delay (evil)?

By |2018-04-23T23:55:13+00:00August 25th, 2014|Construction Contractor Advisor, Government Contracting|

Engineering News-Record had an interesting editorial commenting on the bid protests on the New Orleans airport. The article analogized bid protests to video reviews at a football game -- they cause delays, but more often than not, they provide a clearer picture of what occurred. The same can be said of bid legitimate protests. Bid protests allow for a review of the decision making process. In the New Orleans airport [...]

21 Aug, 2014

Who is getting the money?

By |2018-04-24T00:00:14+00:00August 21st, 2014|Medical Malpractice, Midwest Medical Legal Advisor, Tort Reform|

When it is determined that a medical malpractice / professional negligence lawsuit or claim needs to be settled, or when one of the few times a jury sides with the patient, money is paid.   Don’t be dismayed by what actually happens to the money.  Between contingent fee lawyer contracts paying the plaintiff’s lawyers up to 50% (these actually happen in Nebraska), to exorbitant expert witness fees to huge health are [...]

19 Aug, 2014

Water is for Fighting Over: Nebraska Farmers Sue for Water Diverted to Kansas

By |2018-04-23T18:22:20+00:00August 19th, 2014|Construction Contractor Advisor, Crop Damage Claims, Government Regulations, Midwest Agricultural Law, Water Law|

Many have heard the quote attributed to Mark Twain over a 100 years ago: "Whiskey is for drinking; water is for fighting over."  Those words are as true today as they were a century ago. Four South Central Nebraska farmers have decided to take their fight over water to court.  The farmers allege they lost yields because the State diverted water away from the farmers' irrigation supply  to comply with [...]

18 Aug, 2014

Good Record Keeping is Critical to Your Construction Claim

By |2018-04-23T23:55:13+00:00August 18th, 2014|Construction Claims, Construction Contractor Advisor|

Nothing puts your record keeping practices under a microscope like litigation. Every piece of paper that you created or kept on a project may be reviewed and analyzed. And, every decision to throw away a document  will be assessed to figure out why you didn't keep it. The best way to ensure you have the necessary documents to support your claim is to have a written document retention policy. Do [...]

11 Aug, 2014

Missouri Passes “Right-to-Farm” Constitutional Amendment 1

By |2018-04-23T18:22:20+00:00August 11th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights|

On August 6, Missouri narrowly passed the "Right-to-Farm" amendment by 2,500 votes. Section 35 Article 1 of the Missouri Constitution will soon read: That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri's economy.  To protect this vital section of Missouri's economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to [...]

10 Aug, 2014

Obama’s “Fair Pay and Safe Workplace” EO Makes Federal Work More Difficult

By |2018-04-23T23:55:13+00:00August 10th, 2014|Construction Contractor Advisor, Government Contracting|

On July 31, President Obama issued yet another Executive Order to crack down on “federal contractors who put workers’ safety and hard-earned pay at risk.” The new Executive Order, called Fair Pay and Safe Workplaces, will require federal contractors to report certain labor law violations from the previous three years when submitting a bid on projects. It also prevents the use of arbitration agreements to resolve employment discrimination claims. These [...]

7 Aug, 2014

Doctors beware: tax-fraud scheme targets the medical profession.

By |2018-04-23T23:57:55+00:00August 7th, 2014|Midwest Medical Legal Advisor, Risk Management|

An increasing number of doctors have reported that they have been targets of tax fraud.  Here’s what happens: you, happy that it is April 15, go to file your tax return.  The IRS kindly informs you that your return has already been filed.  What is this, you think?  Has my accountant already handled this?  The IRS then gives you some odd news: you were awarded a large refund.  As reported [...]

7 Aug, 2014

What’s Your Theory of Recovery?

By |2018-04-23T23:55:13+00:00August 7th, 2014|Construction Contractor Advisor, Construction Litigation|

Clients often times present problems with a project and explain the need to be compensated for the problems experienced.  But, having a consistent theory for recovery and evidence that supports that theory is always paramount to recovery. I was reminded of this perhaps obvious corollary when reviewing an Armed Services Board of Contract Appeals decision.  The appeal involved a $35 million request for additional compensation based on differing site conditions, [...]

4 Aug, 2014

Beginning Farmer Incentive Programs Part III: Federal Programs

By |2018-04-23T18:22:20+00:00August 4th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Tax|

The United States Department of Agriculture ("USDA") has created several incentive programs for landowners and beginning farmers to help move land ownership and farming operations from today's farmer to tomorrow's. Beginning Farmer or Rancher Land Contract Guarantee The USDA Beginning Farmer or Rancher Land Contract Guarantee Program encourages shifting land to beginning farmers through installment land contracts. This program is administered by the Farm Service Agency ("FSA") and offers two types of guarantees. [...]

3 Aug, 2014

The Active Interference Exception to the No Damage for Delay Clause

By |2018-04-23T23:55:13+00:00August 3rd, 2014|Construction Contractor Advisor, Construction Litigation|

Most construction contracts contain a “no damage for delay” clause that generally prevents a contractor from demanding compensation for a late starting or otherwise delayed project. But, if the owner or is representative actively interferes with the project, a contractor may still recover damages for delays. The recent case of C & C Plumbing and Heating v. Williams County, out of North Dakota found the owner liable for delays even [...]