The Omaha World Herald has recently reported that two employees from the Nebraska Medical Center were fired for viewing Dr. Rick Sacra’s medical records. Dr. Sacra is the doctor-missionary who contracted the Ebola virus while treating others afflicted with the virus in Africa. According to the Medical Center, “based on the results of the investigation conducted, two employees no longer work for the organization and other corrective action has [...]
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 [...]
The Texas Supreme Court recently ruled that a “no-damages-for-delay” clause would not be enforced where the delay was caused by the owner. The court’s ruling flies squarely in the face of the contract language that attempted to insulate the owner from any delay claims, even those it caused. In the case of Zachary Construction v. Port of Houston underlying contract, proposed by the Port of Houston, was heavy handed, to [...]
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.
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 [...]
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® [...]
The Nebraska Court of Appeals has ruled that a home builder that fails to adequately compact the soil does not have insurance coverage to repair damages to the home caused by the settling soil. In “insurance speak”, there was no occurrence to trigger coverage. In this case, Cizek Homes, Inc. v Columbia National Insurance Company, a home builder contracted with a buyer to build a house. A lot was selected and [...]
Join us for our Fall Lunch & Learn Thursday, October 16th at 11:30. We will be discussing How to Prepare a Winning Request for Compensation. The topics we will cover include: Developing a Roadmap to Prepare the Claim Determining Applicable Contract Terms The Impact of Change Orders Identifying the Important Documents Calculating the Amount Owed Seating is limited, so please RSVP to Craig Martin, (402) 397-7300, or via e-mail: [...]
Two more courts have weighed in on the “your work” exclusion in commercial general liability (CGL) policies, finding that contractors did not have coverage for work performed improperly. These cases highlight that whether you have coverage for poor workmanship will depend on the state’s law applied. It now appears that if you are in South Carolina or Massachusetts, you will not have coverage. The South Carolina case, Precision Walls, Inc. [...]
Oh the Humanity! What to Do When the Nebraska Court of Appeals Cancels Your Oral Argument in an Appeal PART II
This post is authored by Cathy Trent-Vilim, a partner in LDM’s litigation department. This is Part II of her two part post. Welcome to Part II. If you’ve found your way to Part II, chances are you’ve received notice from the Court of Appeals, at one time or another, notifying you that the Court has elected to forego oral argument in your case. As you learned in Part I, the Supreme [...]
As is often the answer in this blog, maybe. And, it will likely depend on which state’s law is applied. Over the last few weeks, courts around the country have reached differing conclusions on whether a general contractor may sue an architect that it did not hire. Here’s the situation: The owner hires an architect to draft plans for a project. The project is then put out for bid and [...]