Congratulations to David J. Schmitt who was inducted as a member of the Nebraska Chapter of the American Board of Trial Advocates (ABOTA). According to its mission, ABOTA members are attorneys who display skill, civility and integrity. Membership is by invitation only, after ballot and restricted to trial lawyers who are of high personal character and honorable reputation. In addition, ABOTA members are required to compile a requisite number of [...]
Attorney Nelly Greenberg was a panelist in University of Nebraska Omaha (UNO)’s “Success Series: Life as a Lawyer.” The “Success Series” is a career exploration program that offers ways for students to explore different occupations and career paths. Nebraska Law alumni participated in the panel discussion to help students interested in pursuing law school understand what various practice areas are like, what lawyers do, what a typical day or week [...]
Congratulations to Laura Cejka who was name Legal Professional of the Year by the Omaha Legal Professionals Association. Laura has been at Lamson, Dugan & Murray for two years and she was nominated for her hard work and dedication not only to her attorneys and our Firm, but the legal profession as a whole. Partner Cathy Trent-Vilim who nominated Laura said “she is proactive, conscientious and genuinely cares about doing the [...]
More Congratulations! Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April. Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages. However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet [...]
My Dear Readers: a query. Do you really understand underinsured motorists coverage? If not, you are much like the Williams family. They sought to collect money from their automobile insurer after the death of their daughter in an auto accident caused by Myers. Their insurer denied the claim, even though the Williams paid for and expected this coverage to make up the difference in damages. Does this sound fair? It [...]
Congratulations to Cathy S. Trent-Vilim for her success in getting summary judgment for her client in a legal malpractice action, and then obtaining summary affirmance of the trial court’s order by the Nebraska Court of Appeals.
Congratulations to Brian J. Brislen, Sarah F. Macdissi, Cathy S. Trent-Vilim and Spencer R. Murphy on their win at the trial court level and affirmance by the Nebraska Court of Appeals. Brian and Sarah succeeded in getting the suit, premised upon an unenforceable non-compete agreement, dismissed at the trial court level. On appeal, Cathy and Spencer succeeded in getting the trial court’s ruling summarily affirmed on grounds that the plaintiff’s [...]
A team of LDM partners worked together to obtain a successful outcome of a case at the trial court level, and then to protect the win on appeal. Patrick G. Vipond obtained a dismissal at the trial court level; Brian J. Brislen wrote a winning appellate brief; and Cathy S. Trent-Vilim argued the appeal to the Nebraska Supreme Court.
Cathy S. Trent-Vilim, prepared a successful appellant’s brief on behalf of firm client. The appeal resulted in the reversal of a near-seven figure jury verdict and the case was remanded for a new trial.
Dismissal of Suit Against Psychiatrists and Psychologists Affirmed by the Eighth Circuit Court of Appeals
In January 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a lawsuit brought by a former mental patient against various mental health providers. Jason W. Grams argued the appeal on behalf of five of the providers. William M. Lamson, Jr. and Michael L. Storey orchestrated dismissal of the suit in the district court. The Eighth Circuit affirmed the dismissal on qualified immunity and [...]
In March 2017, Patrick G. Vipond and Sarah M. Dempsey obtained a summary judgment order dismissing a medical malpractice action. Mr. Vipond and Ms. Dempsey represented a hospital, a physician, and the physician’s medical practice in an action filed by a child and his family for medical malpractice. Mr. Vipond and Ms. Dempsey were successful in arguing that the plaintiffs’ expert witness was not qualified to give an opinion that [...]
SOME COURTS CONTINUE TO LIBERALLY INTERPRET CLAUSE IN INSURED'S FAVOR Forgive my absence Dear Readers. Certainly you have missed our regular insurance lessons in this blog, yes? Humor me please. I have just come off two big trials since January. One 6 day trial here in Omaha (defense verdict for our client!), and another trial which was to start in Oakland, CA for 6-8 weeks. That case settled just before trial. However I [...]