Latest News

3 Aug, 2022

Anne Marie O’Brien Elected as President of the National Association of Railroad Trial Counsel

2022-08-03T09:47:01-05:00August 3rd, 2022|Latest News|

Partner Anne Marie O’Brien was recently elected President of the National Association of Railroad Trial Counsel (NARTC).  This 67 years old national transportation organization is made up of the top railroad trial attorneys from across the United States and Canada. NARTC is devoted exclusively to serving the rail industry’s litigation needs.  Anne Marie is regularly chosen to speak on her expertise to the membership on trial, insurance and [...]

3 Aug, 2022

Kyle Wallor Celebrates Milestone Membership in NSBA

2022-08-03T07:50:08-05:00August 3rd, 2022|Latest News|

Partner Kyle Wallor celebrates 25 years of membership in the Nebraska State Bar Association (NSBA). The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics and professionalism and to protect and promote the administration of and access to justice. Mr. Wallor will be honored at the NSBA’s 2022 Annual Meeting Legacy Luncheon later this fall.

1 Aug, 2022

Daniel P. Chesire Awarded the Father Flanagan Distinguished Alumnus Award

2022-08-01T08:05:59-05:00August 1st, 2022|Latest News|

Lamson Dugan & Murray LLP is proud to share that Daniel P. Chesire was awarded the Father Flanagan Distinguished Alumnus Award at Boys Town’s Alumni Dinner. This achievement is the highest and most prestigious award given by the Boys Town Alumni Association. It recognizes alumni who have achieved substantial personal and professional growth and advancement over an extended period of time, made significant contributions to society and service [...]

28 Jul, 2022

2022 Great Plains Super Lawyers

2022-07-29T14:11:28-05:00July 28th, 2022|Latest News|

Lamson Dugan & Murray LLP is pleased to announce seven attorneys have been selected to the 2022 Great Plains Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. 2022 Great Plains Super Lawyers  Daniel P. Chesire - Personal Injury: Defense Jason W. Grams - Business Litigation Anne Marie O’Brien - [...]

19 Jul, 2022

Trial Attorneys Anne Marie O’Brien and Mike Storey Secure Verdict Against MUD for Old Market Fire

2022-07-19T15:51:35-05:00July 19th, 2022|Latest News|

For six-and-a-half years, Anne Marie O’Brien and Mike Storey represented the building owners in Omaha's historic Old Market, whose home and businesses were destroyed by the January 2016 explosion and fire. From day one, the Metropolitan Utilities District (MUD) denied any wrongdoing. After more than a hundred depositions, successfully defeating MUD's sovereign immunity arguments before the Nebraska Supreme Court, and a two-week bench trial in February 2022, Ms. [...]

19 Jul, 2022

Eric W. Tiritilli Named to United Way of the Midlands Board

2022-08-03T07:51:19-05:00July 19th, 2022|Latest News|

Partner Eric W. Tiritilli was recently elected to the Board of Directors for United Way of the Midlands.  United Way of the Midlands serves those living in poverty helping them to work toward independence by investing in programs that focus on basic needs, education and financial stability.  Mr. Tiritilli will serve a three-year term on the Board beginning July 1, 2022.

18 Jul, 2022

COVID and Juror Attitudes About Science

2022-07-18T13:59:48-05:00July 18th, 2022|LDM MedMal Forum|

Fresh from a mistrial due to COVID causing the jury panel to be deficient in number, I was thinking of some non-scientific observations about jurors, jury selection, and jury pools during our ongoing COVID era. Some juror’s attitudes have changed our jury venire and the possible areas of inquiry to “deselect” jurors in a very scientific area of litigation:  medical malpractice lawsuits. Here are some observations and areas of inquiry [...]

13 Jul, 2022

Beware the Risk of the “Lapsed” License in Professional Licensure Actions

2022-07-13T09:20:30-05:00July 13th, 2022|LDM MedMal Forum|

Despite practicing in only one state, many physicians maintain licenses to practice in multiple states.  Some maintain active licenses in states where they no longer practice just in case they decide to return at some time in the future.  Others allow the licenses to lapse and become inactive, having no intention of practicing in the former state again.  Physicians holding more than one medical license, whether active or inactive, should [...]

6 Jul, 2022

Iowa Supreme Court Applies Statute of Repose to “Failure to Inform” Cases

2022-07-06T17:50:11-05:00July 6th, 2022|LDM MedMal Forum|

In Downing v. Grossman, an April 2022 decision, the Iowa Supreme Court reaffirmed that medical malpractice plaintiffs may not use allegations of fraudulent concealment to employ equitable estoppel to eviscerate the operation of Iowa Code § 614.1(9)’s a statute of repose when the alleged fraudulent concealment goes to the very “heart of” a plaintiff’s claim. To understand Downing, it is important to keep in mind the similarities and differences between [...]

6 Jul, 2022

Working on Federal Projects—Beware of the Sovereign Acts Doctrine

2022-07-05T17:29:34-05:00July 6th, 2022|Construction Contractor Advisor, Federal Construction Projects|

Contractors working on federal projects continue to face losses caused by COVID.  Recovering these losses is proving difficult and the Sovereign Acts Doctrine may make it even more difficult. The Sovereign Acts Doctrine balances the government’s dual role in acting as a contractor and the sovereign.  When the sovereign takes action which is in the public good, a breach of contract action will not stand against the sovereign.  In order [...]

5 Jul, 2022

Stacy Morris Named to Saint John’s University Alumni Board

2022-08-03T07:51:29-05:00July 5th, 2022|Latest News|

Partner, Stacy Morris, was recently elected to the Alumni Association Board of Directors of Saint John’s University.  Founded in 1857, Saint John’s is a Benedictine liberal arts university located in Collegeville, Minnesota.  Mr. Morris is a 1997 graduate of Saint John’s, and will serve a three-year term on the Board beginning July 1, 2022.

29 Jun, 2022

Don’t Let Medicaid Reimbursement Impact Settlements – SCOTUS Rules Medicaid Can Seek Reimbursement for Future Medical Expenses

2022-06-29T12:23:47-05:00June 29th, 2022|LDM MedMal Forum|

The Supreme Court of the United States recently expanded the ability of states to recoup health care costs from accident victims under the Medicaid Act. The case, Gallardo v. Marstiller, involved injuries sustained by a plaintiff when she was hit by a motor vehicle as she stepped off a school bus in Florida.  Florida’s Medicaid agency paid $862,688.77 for Ms. Gallardo’s initial medical expenses.  Ms. Gallardo, through her parents, sued the [...]

27 Jun, 2022

LDM Hosts Seminar for Clients on Electronic Medical Records/Audit Trails

2022-06-27T14:47:33-05:00June 27th, 2022|Latest News|

Partners Mark Novotny, William Settles and Mike Storey, along with nationally recognized expert Doug Blair, recently presented a seminar at The Field Club of Omaha as to legal ramifications of Electronic Medical Records and Audit Trails in medical malpractice litigation. The audience was made up of LDM clients and insurers, information technology officers and risk managers. Topics included discussing how electronic medical records and audit trail [...]

19 Jun, 2022

No, You Don’t Have to Talk

2022-06-27T18:39:29-05:00June 19th, 2022|LDM MedMal Forum|

When recently defending my physician client in a medical malpractice deposition, Plaintiff’s counsel started asking questions outside the lines. I objected and he immediately retorted back that I did not know the Rules of Evidence and that his questions were legitimate. He claimed certain testimony privileges only apply in criminal matters. I stood on my objections and my physician client followed my lead and did not answer the questions. But [...]

15 Jun, 2022

Strict Liability of Hospitals Under EMTALA

2022-06-15T08:16:21-05:00June 15th, 2022|LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|

In 1986, Congress enacted the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C.S. § 395dd, which requires treatment of any person coming to an emergency department regardless of their insurance status or ability to pay.  This is commonly referred to as the “anti-dumping” law.  Although EMTALA is a federal regulation, hospitals and other healthcare facilities are subject to civil liability for EMTALA violations.  Thus, it is important for [...]

14 Jun, 2022

Dave Schmitt Secures Summary Judgment for BNSF Railway in Two Separate Toxic Tort Lawsuits

2022-06-14T11:51:09-05:00June 14th, 2022|Transportation Law|

Dave Schmitt, a partner at Lamson Dugan & Murray LLP, secured summary judgment for BNSF Railway in two separate toxic tort lawsuits. The United States District Court for the District of Nebraska dismissed both cases finding they were time-barred by FELA’s three-year statute of limitations, 45 U.S.C. § 56. In Salstrand v. BNSF Ry., No. 4:20-cv-3146 (D. Neb. 2022), the plaintiff was diagnosed with multiple myeloma on March 3, 2014. [...]

14 Jun, 2022

Schmitt Secures Summary Judgment in Two Toxic Tort Lawsuits

2022-06-14T10:21:09-05:00June 14th, 2022|Latest News|

Dave Schmitt obtained summary judgment in two separate toxic tort lawsuits filed against the railroads he represented. In both cases the plaintiffs claimed they suffered cancer as a result of alleged exposures to diesel exhaust and environmental hazards during their railroad employment. Schmitt secured the plaintiffs’ medical records, employment records, and deposition testimony to offer in support of motions for summary judgment. The United States District Court for [...]

6 Jun, 2022

Billed v. Paid Medical Expenses: The Retail Price Isn’t Always the Fair and Reasonable Value of Medical Services

2022-06-06T08:31:55-05:00June 6th, 2022|LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|

In Nebraska, comparing what is charged in medical expenses to what was actually accepted as a complete payment of those medical expenses, including the patient deductible, is important in litigating every medical malpractice case. The measure of recovery for medical expenses is the reasonable value of the medical services rendered. Stanek v. Swierczek, 209 Neb. 357, 307 N.W.2d 807 (1981). Plaintiff's attorneys frequently cite a provision of Nebraska's hospital lien [...]

1 Jun, 2022

Do you have insurance coverage for that?

2022-05-31T10:17:54-05:00June 1st, 2022|Construction Contractor Advisor, Construction Insurance, Latest News|

Contractors are often surprised to learn that they do not have insurance coverage if the materials they provide fail.  A recent case out of the 11th Circuit Court of Appeals (which oversees Alabama, Florida and Georgia), upheld the trial court’s ruling that a contractor’s insurer was not required to cover claims that the concrete it provided did not meet specifications. The controversy arose when Morgan Concrete (“Morgan”) agreed to supply [...]

27 May, 2022

Partner Mike Storey Presents to the Independent Insurance Agents of Omaha

2022-05-27T18:05:20-05:00May 27th, 2022|Latest News|

Partner Mike Storey presented to the Independent Insurance Agents of Omaha on May 26, 2022.  Mr. Storey’s presentation focused on recent decisions by the Nebraska Supreme Court and the Nebraska Court of Appeals on the duties of insurance agents under Nebraska law.  This included two favorable decisions obtained by partner Sean Minahan on behalf of Nebraska insurance agents and brokers.   As part of his presentation, Mr. Storey also [...]

26 May, 2022

LDM Welcomes Summer Law Clerks

2022-05-26T16:52:27-05:00May 26th, 2022|Latest News|

LDM is excited to welcome five amazing and talented law students who have joined our team as summer law clerks. Ethan Dunn will be located in our West Des Moines office, and Cameron Scott, Tevyn Waddell, Ethan Hoogevven and Jelena Milakovic will be joining our Omaha team. We are thrilled that Maddie Hasley and Roger Sack, our amazing and talented 2L law clerks, have returned to LDM to [...]

26 May, 2022

Bryony J. Whitaker – LDM Welcomes New Associate to West Des Moines Office

2022-05-26T09:47:03-05:00May 26th, 2022|Latest News|

Bryony Whitaker joined Lamson Dugan & Murray’s Des Moines office as an Associate in the Litigation Dept. Ms. Whitaker was born and raised in England where she obtained a law degree, and worked as a legal conflict’s analyst. She then moved to the US to attend the University of Iowa, College of Law. In her first year, she became the University’s youngest student to be selected for the Willem [...]

26 May, 2022

Janice M. Thomas – LDM Welcomes New Partner to West Des Moines Office

2022-05-26T09:44:13-05:00May 26th, 2022|Latest News|

Janice M. Thomas joined Lamson Dugan & Murray’s Des Moines office as a Partner in the Litigation Dept. Ms. Thomas received her law degree from Drake University where she was a member of the Moot Court Board and her undergraduate degree from the University of Iowa. Ms. Thomas is a Fellow of the American College of Trial Lawyers. Fewer than one percent of the total number of lawyers [...]

25 May, 2022

One Size Does Not Fit All – The Locality Rule in Nebraska

2022-05-25T16:00:26-05:00May 25th, 2022|LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|

As medical malpractice defense attorneys, we are often asked: Will the opposing party be able to find an expert to support what is believed to be a baseless claim of malpractice? We must respond that we do not know, but in the United States usually if you are willing to pay enough money, you can find an expert to say almost anything. There is a cottage industry of so-called expert [...]

17 May, 2022

When DHHS Comes Calling

2022-05-17T13:21:05-05:00May 17th, 2022|Disciplinary Actions, LDM MedMal Forum, Litigation Tips, Risk Management|

Every licensed health care provider dreads receiving that certified letter with the return address, “Nebraska Department of Health and Human Services, Investigations Division.”  Opening the letter doesn’t help matters:  “Dear sir or madam, we are gathering information regarding a complaint that has been made against you.  The complaint alleges that you blah, blah, blah.  Please provide your written response to this office no later than 14 days after receipt of [...]

9 May, 2022

Iowa’s Certificate of Merit Statute Has Teeth

2022-05-09T10:56:23-05:00May 9th, 2022|LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|

In 2017, Iowa enacted a statute that aimed to dismiss meritless medical malpractice actions early in the case.  The statute, Iowa Code § 147.140, requires that a plaintiff provide a certificate of merit signed by an expert within 60 days of the defendants’ answer.  The certificate must address the standard of care and the defendant’s alleged breach of that standard.  If the plaintiff fails to provide such a certificate, the [...]

4 May, 2022

Five Do’s and Don’ts of Deposition Preparation

2022-05-04T10:56:42-05:00May 4th, 2022|LDM MedMal Forum, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor|

Giving a deposition is a form of communication that is usually completely foreign to health care providers.  The surgeon who is in complete control of her operating suite may find herself utterly lost in a conference room surrounded by attorneys.  Some physicians become old hands at giving depositions, but for newcomers to the arena, emphasizing a few do’s and don’ts can make the process easier: DO Spend the time it [...]

2 May, 2022

The Criminal Prosecution of Medical Errors: Where Transparency Meets Self-Incrimination

2022-05-02T07:07:25-05:00May 2nd, 2022|LDM MedMal Forum|

They say the truth will set you free, but one nurse who told the truth about a medication error she committed in 2017 now faces up to 8 years in jail.  On March 25, 2022, following a 3-day trial, RaDonda Vaught, a former nurse at Vanderbilt University Medical Center (VUMC), was found guilty of gross neglect and negligent homicide of 75-year-old Charlene Murphey.  Murphey died as the result of Vaught administering a [...]

27 Apr, 2022

Beware of Waiving Your Arbitration Rights Through Your Conduct

2022-04-16T08:26:54-05:00April 27th, 2022|Arbitration, Construction Contractor Advisor|

Contractors are no strangers to arbitration or mediation clauses in construction contracts.  These provisions clearly identify the process for dispute resolution at the outset of a project rather than having to deal with disputes over how to resolve disputes.  However, a recent case in Florida illustrates the importance of following the requirements of these provisions to protect your rights. In Leder v. Imburgia Constr. Servs., 325 So. 3d 256 (Fla. [...]

25 Apr, 2022

Nebraska Supreme Court Puts the Brakes on the Continuous Treatment Doctrine

2022-04-25T08:56:19-05:00April 25th, 2022|LDM MedMal Forum|

The statute of limitations is a frequent defense in medical malpractice cases. Patients are often reluctant to sue a physician with whom they have an ongoing relationship. This has led to many cases being filed after the statute of limitations has expired. In the past, patients have relied upon the vague and confusing “continuous treatment doctrine” to avoid the statute of limitations. That will now be much more difficult to [...]

21 Apr, 2022

Whose Opinions Can You Share to Establish the Standard of Care

2022-04-21T09:18:03-05:00April 21st, 2022|LDM MedMal Forum|

In any medical malpractice case where a plaintiff claims your physician-client violated the applicable standard of care, one of the defense attorney’s first tasks is—or should be—to identify an expert to defend your client’s treatment.  At first glance, this task seems straightforward.  After all, the simple goal is to identify a person that can vouch for the care your client provided.  But states maintain distinct standards that sometimes differ as [...]

18 Apr, 2022

Hassing Secures Summary Judgment for Greater Nebraska Health Club

2022-04-18T08:06:58-05:00April 18th, 2022|Latest News|

Dan Hassing recently secured a summary judgment for his client on a premises liability claim.  In the case, Mr. Hassing represented a health club in greater Nebraska.  The claim involved significant personal injuries including a fractured vertebrae.  The plaintiff alleged that he had suffered the injuries as the result of being pushed into the wall during a game of basketball.  The plaintiff claimed that the club knew that [...]

15 Apr, 2022

The Department of Labor is Updating Davis Bacon Prevailing Wage Regulations

2022-04-09T11:25:20-05:00April 15th, 2022|Construction Contractor Advisor, Davis Bacon Act, Federal Construction Projects|

Last month, the US Department of Labor issued a Notice of Proposed Rulemaking to update the Davis-Bacon wage regulations.  Specifically, the Department proposes to amend regulations issued under the Davis-Bacon that set forth rules for the pre-determination of Davis-Bacon wage rates. The Davis-Bacon Act, created in 1931, requires contractors and subcontractors working on federally funded projects to pay employees locally prevailing wages and benefits.  At present, Davis-Bacon wages are required [...]

6 Apr, 2022

LDM Attorneys and Staff Roll up Their Sleeves for a Good Cause

2022-04-06T14:49:37-05:00April 6th, 2022|Latest News|

LDM attorneys and staff volunteered at the United Way’s Shine Bright event, where they rolled up their sleeves to put together care kits for local students.  The 4000 Shine Bright boxes contained essential hygiene items which were age, gender, and ethnicity specific, and will be distributed to kids in the OPS and CBPS surrounding areas.  The hope is that every box distributed to a student in their [...]

5 Apr, 2022

A Cautionary Tale

2022-04-05T15:17:09-05:00April 5th, 2022|Latest News, Transportation Law|

Every pilot who holds a medical certificate has at one time filled out Form 8500-8. Form 8500-8 is the form we all fill out when we apply for medical certificates. Form 8500-8 asks us, among other things, to disclose whether we have ever been diagnosed with a series of medical conditions. Providing false information on these forms is a felony and thus carries with it significant consequences, as one California [...]

5 Apr, 2022

Don’t Have a Cow: Nebraska Cattle Owner Liability for Loose or Escaped Cows on Roadways

2022-04-05T15:15:56-05:00April 5th, 2022|Accident Investigation, Agriculture, Farm Management|

You’re a cattle owner and one of your more ornery cows has escaped the pasture. Of course the pasture was fenced so you’re unsure of how she managed to escape. Before you can find her, you discover a cattle-vehicle collision on the highway not far from the pasture. Lo and behold, the vehicle collided with your cow while she was crossing the highway. Unfortunately, the other driver was injured.  Can [...]

4 Apr, 2022

Hassing and Novotny Secure Summary Judgment on Professional Negligence Claim

2022-04-04T10:08:53-05:00April 4th, 2022|Latest News|

Dan Hassing and Mark Novotny recently secured a summary judgment for their clients on a legal malpractice claim. Hassing and Novotny represented a team of lawyers who had been sued on allegations that they had negligently handled a challenge to a tax increment financing project in rural Nebraska. Hassing and Novotny argued that the claim against their clients was barred by the statute of limitations. To support [...]

23 Mar, 2022

Unanimous Defense Verdict for Partners Pat Vipond and Mike Storey in Medical Malpractice Case

2022-03-23T13:26:48-05:00March 23rd, 2022|Latest News|

On March 15, 2022, LDM Attorneys Pat Vipond and Mike Storey obtained a unanimous defense verdict in a medical malpractice case after a four-day jury trial in the District Court of Douglas County, Nebraska. The case, which originated in 2014 and was the subject of two appeals to the Nebraska Court of Appeals and Nebraska Supreme Court, involved allegations that the defendant failed to diagnose Epstein Barr [...]

22 Mar, 2022

Federal Contractors–Are you ready to register with the OFCCP?

2022-03-14T11:05:00-05:00March 22nd, 2022|Construction Contractor Advisor, Federal Construction Projects, Office of Federal Contract Compliance Programs (OFCCP)|

On February 1, 2022, the Office of Federal Contractor Compliance Programs (OFCCP) launched the contractor portal through which Federal Contractors must register their organization.  Federal Contractors will have until June 30, 2022 to certify that they have complied with Affirmative Action Plan requirements. WHICH FEDERAL CONTRACTORS HAVE TO CERTIFY? Service and Supply Contractors (and subcontractors) must certify that they have adopted an Affirmative Action Plan.  Construction Contractors do not have [...]

15 Mar, 2022

How to Get Paid on Public Projects in Iowa and Nebraska: The Little Miller Act

2022-03-07T14:34:46-06:00March 15th, 2022|Construction Contractor Advisor, Iowa Miller Act, Little Miller Act, Nebraska Miller Act|

Congress enacted the Miller Act to provide protection to contractors furnishing labor and material on federal projects.  Many states, including Nebraska and Iowa, have enacted “Little Miller Acts,” which provide that same protection on state and county public projects.  These laws require general contractors on certain government jobs to carry a performance bond to protect the government against delays and incomplete work.  Those covered are also required to carry payment [...]

14 Mar, 2022

Partner Cathy Trent-Vilim Selected to Serve as ABA Council of Appellate Lawyers State Chair for Nebraska

2022-03-14T10:52:23-05:00March 14th, 2022|Latest News|

Partner, Cathy Trent-Vilim has been selected as the State Chair for Nebraska for the ABA Council of Appellate Lawyers. The State Chairs Committee was established to help carry out the Council’s goals of promoting excellence in appellate practice and building a stronger appellate bar to benefit courts, lawyers, clients, and the public. The Committee includes experienced appellate attorneys selected to serve as State Chairs in every state, the District [...]

4 Mar, 2022

Does Your Company Require Employees To Be Vaccinated for COVID-19?  A New Law In Nebraska Applies to You!

2022-03-03T16:07:14-06:00March 4th, 2022|Construction Contractor Advisor, COVID Legislative, COVID Vaccine, COVID-19|

Although we may be seeing the light at the end of the long COVID-19 tunnel, for those employers who have instituted a mandatory COVID-19 vaccination policy, a new law in Nebraska applies to you. On Monday, February 28, 2022 Governor Ricketts signed LB 906. LB 906 requires employers who have a mandatory vaccination policy to allow for exemptions for employees who have a religious objection to the vaccine or a [...]

28 Feb, 2022

Attorney Lily Ealey – Coach and Mentor

2022-02-28T12:10:46-06:00February 28th, 2022|Latest News|

Lamson Dugan & Murray attorney Lily Ealey recently spent her Friday nights and Saturday mornings coaching two thriving law students, Essence Hill and Dajuan Davis, to compete in the Thurgood Marshall Moot Court competition at the Midwest Regional BLSA convention. Her hard work and investment in these young students paid off. This dynamic duo advanced to the semi-finals and placed 4th overall. Please join us in congratulating Lily [...]

23 Feb, 2022

Modifications and Release Agreements in Construction Contracts

2022-02-11T13:08:00-06:00February 23rd, 2022|Change Orders, Construction Contractor Advisor, Construction Contracts|

Construction contracts typically allow for modifications during the course of performance. Parties can agree to change the scope of work or price that was originally agreed to. For example, contractors can run into unexpected costs due to another’s negligence or delays. Material costs may go up and the contract price may become inadequate. Modifications allow for contractors to be fairly compensated for the increased costs that result through no fault [...]

16 Feb, 2022

Is the Legislature Dictating the Standard of Care for Opioid Prescribing?

2022-02-24T16:11:40-06:00February 16th, 2022|LDM MedMal Forum|

Opioid abuse has grown into a crisis that has occupied the headlines in recent years. The Centers for Disease Control and Prevention estimates that the total "economic burden" of prescription opioid misuse alone in the United States is $78.5 billion a year, including the costs of healthcare, lost productivity, addiction treatment, and criminal justice involvement. The root of the problem is misuse of opioids prescribed for chronic pain. It is estimated [...]

16 Feb, 2022

District Court Holds that 49 U.S.C. § 44112 preempts state tort claims

2022-02-16T12:54:08-06:00February 16th, 2022|Transportation Law|

The United States District Court for the Northern District of Illinois recently held that a provision of the Federal Aviation Act, 49 U.S.C. § 44112, preempted state law negligence and strict liability claims brought against a former owner of an aircraft by the heirs of people who died in a plane crash.  See J.A.G.P. v. Aerolineas Damojh, S.A. de C.V., No. 1:19-CV-02552, 2022 U.S. Dist. LEXIS 24858 (N.D. Ill. Feb. [...]

8 Feb, 2022

Biden Signs Executive Order Requiring Project Labor Agreements

2022-02-08T08:18:03-06:00February 8th, 2022|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Project Labor Agreement|

On February 4, 2022, President Biden signed an Executive Order on the use of project labor agreements (“PLA”) on federal construction projects.  The Order will not go into effect until the Federal Acquisition Regulatory Council drafts regulations, which must be issued by June 4, 2022. President Biden’s executive order is making good on his promise to be the most “union friendly” president in history and could impact over $262 billion [...]

4 Feb, 2022

Nebraska Supreme Court Holds that Airplanes are Subject to Sales and Use Tax

2022-02-04T17:19:13-06:00February 4th, 2022|Latest News, Transportation Law|

In July 2021, the Nebraska Supreme Court decided an important case on the Nebraska sales and use tax and how it is applied to aircraft. In the case, Big Blue Express, Inc. v. Neb. Dep’t of Rev., 309 Neb. 838 (2021), the supreme court concluded that the “sale for resale” exemption found at Neb. Rev. Stat. § 77-2701.34 did not exempt an aircraft from sales and use taxes when the [...]

4 Feb, 2022

Nebraska Federal Court Grants Summary Judgment on Statute of Limitations in FELA Toxic Action

2022-02-04T17:17:34-06:00February 4th, 2022|Transportation Law|

In Anderson v. Union Pac. R.R., 7:18-cv-5010 (July 6, 2020), the Nebraska federal court granted the defendant railroad’s motion for summary judgment on the statute of limitations in a toxic action filed under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. The plaintiff filed the action on August 21, 2018 claiming he was exposed to diesel exhaust and alleged toxic materials while he worked for the railroad which [...]

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