Latest News

27 Apr, 2015

Construction Litigation—Battles on Many Fronts

By |2018-04-23T23:55:11+00:00April 27th, 2015|Construction Contractor Advisor, Construction Litigation|

When you are involved in construction litigation, you have battles on several fronts, including those against subcontractors, owners, insurers and the court.  Shoring up your defenses on each of these fronts is imperative, or you may lose the battle or, worse yet, the war. A recent opinion out of the Eleventh Circuit Court of Appeals (overseeing federal courts in Alabama, Florida and Georgia) Carithers v. Mid-Continent Casualty Company, illustrates the [...]

21 Apr, 2015

Partner William Lamson and Associate Sarah Smith Obtain Favorable Arbitration Award

By |2018-07-11T18:17:16+00:00April 21st, 2015|Latest News, News|

LDM Partner William M. Lamson, Jr. and associate Sarah M. Smith successfully prosecuted an arbitration on behalf of a corporation against a former vendor.  The corporation claimed that the vendor had submitted fraudulent billing in conspiracy with a former employee as part of a kickback scheme.  The arbitrator found in favor of the corporation on all of its claims, awarding $2.6 million in damages.  The Firm congratulates Mr. Lamson, Ms. [...]

21 Apr, 2015

Partner Mark Novotny and Law Clerk Ryan Crnkovich Summarize Nebraska Minor Consent Laws

By |2018-07-11T18:17:16+00:00April 21st, 2015|Latest News, News|

Partner Mark Novotny and Law Clerk Ryan Crnkovich were recently published in the Patient Safety Solutions “Advisory”, April 2015 edition summarizing Nebraska minor consent laws.  Mr. Novotny and Mr. Crnkovich summarize the age of majority laws in Nebraska and discuss the statutory and case law authority for minors discussing  emancipation, marriage, organ donation, sexually transmitted diseases, mental health and substance abuse, emergency treatment, abortion, contracts, leases, powers of attorney for [...]

19 Apr, 2015

Ambush Elections are Here—Are You Ready?

By |2018-04-23T23:55:11+00:00April 19th, 2015|Construction Contractor Advisor, Unioin Campaign|

On April 14, 2015, the National Labor Relations Board's new election rule went into effect. The new rule, which shortens the time frame for union elections, will make it easier for unions to organize.  Employers must get prepared now, not when they hear about an election.  As the NLRB Members who dissented from the final rule noted: The Final Rule has become the Mount Everest of regulations: Massive in scale and unforgiving in its [...]

13 Apr, 2015

OSHA Penalties—What Happened with International Nutrition

By |2018-04-23T23:55:11+00:00April 13th, 2015|Construction Contractor Advisor|

For those of you in and around Omaha, you recall the tragic collapse of International Nutrition’s plant in early 2014, killing two workers and injuring several others.  OSHA swept onto the scene and issued citations.  Surprisingly, the penalties totaled only $120,000.  While a large sum, one would think two deaths and a score of injuries would generate a larger fine.  International Nutrition appealed the penalties and they have now been [...]

6 Apr, 2015

Employee Handbooks—Your First Line of Defense

By |2018-04-23T23:55:11+00:00April 6th, 2015|Construction Contractor Advisor, Employee Handbook|

This spring has been busy with questions about employee handbooks.  Perhaps it is because the NLRB just issued a directive on the legality of various clauses usually contained in handbooks. Or perhaps it’s because employers, including construction companies, are realizing the importance that handbooks play in defending against claims of harassment.   Employee Handbooks Are Important Employee handbooks are an employer’s first line of defense in claims of harassment.  A [...]