28 Nov, 2022

Janice M. Thomas Obtained Unanimous Decision Affirming Summary Judgment in Recent Appeal in the Iowa Supreme Court

2022-11-28T10:08:13-06:00November 28th, 2022|Latest News|

Partner Janice M. Thomas obtained an unanimous decision affirming summary judgment in her appeal Save our Stadiums v. Des Moines Independent School District. The Iowa Supreme Court upheld the district court’s summary judgment dismissing Save Our Stadium’s claims challenging the Des Moines Independent Community School District’s refusal to grant their petition for a public referendum on the funding for an athletic stadium. The plaintiffs, Save Our Stadiums, et. [...]

23 Nov, 2022

Something to Be Thankful For

2022-11-23T09:30:41-06:00November 23rd, 2022|Construction Contractor Advisor|

As most readers know, I am a Construction Attorney. I was drawn to this area of the law, not because I love to read 100+ page contracts, but by the people. I am consistently impressed with my clients' dedication to their craft, their integrity in working through difficulties, and their desire to leave the project, and the world, better than they found it. Throughout my days, in dealing with the [...]

22 Nov, 2022

Bryony J. Whitaker Advocated at the Iowa Supreme Court

2022-11-22T14:57:55-06:00November 22nd, 2022|Latest News|

Attorney Bryony J. Whitaker advocated at the Iowa Supreme Court on Wednesday, November 16. Bryony sought to gain clarity on Iowa's certificate of merit statute; an issue that is of great importance to the medical malpractice community. She talked about how the legislature created a mandatory dismissal right for defendants, demonstrated by the statute’s legislative history. Click here to watch.

21 Nov, 2022

William R. Settles Presented at the 2022 Nebraska Perinatal Quality Improvement Collaborative (NPQIC) Fall Summit

2022-11-21T08:48:25-06:00November 21st, 2022|Latest News|

Partner William R. Settles presented at the 2022 Nebraska Perinatal Quality Improvement Collaborative (NPQIC) Fall Summit in Kearney, Nebraska on Wednesday, November 9, 2022. The summit focused on physicians, advanced practice providers and nurse leaders, educating them on optimizing and creating effective health care teams to reduce perinatal mortality and morbidity. Bill’s presentation focused on current issues in medical malpractice. Click here to learn more about NPQIC. [...]

18 Nov, 2022

Minimum Wage Measure Passes in Nebraska

2022-11-18T09:56:48-06:00November 18th, 2022|Department of Labor, Employment, Latest News|

On November 8, 2022, voters in Nebraska approved a ballot measure to raise the statewide minimum wage to $15 an hour, up from $9. The measure, Initiative 433, will gradually increase the state’s wage floor to $15 an hour by 2026. The changes are designed to be made each year as follows: $10.50 on January 1, 2023; $12.00 on January 1, 2024; $13.50 on January 1, 2025; and $15.00 on [...]

16 Nov, 2022

Patrick G. Vipond and Olivia R. McDowell Presented to Midwest Healthcare Providers

2022-11-16T10:08:17-06:00November 16th, 2022|Latest News|

Partner Patrick G. Vipond and Associate Olivia R. McDowell presented to a group of midwestern healthcare providers on the collaborative relationship between physicians and advanced practice providers, such as nurse practitioners and physician assistants, on November 1, 2022. Providers from Nebraska, Iowa, North Dakota, Minnesota, and Kansas attended. The presentation highlighted the legal framework for the physician-advanced practice practitioner relationship, best practices, and current trends in medical [...]

15 Nov, 2022

Cathy Trent-Vilim, Nebraska State Chair for the Council of Appellate Lawyers, Attended the AJEI Summit

2022-11-15T11:38:01-06:00November 15th, 2022|Latest News|

Partner Cathy Trent-Vilim attended the AJEI Summit in Scottsdale, Arizona, from November 10-13, 2022. The AJEI Summit is the nation’s premier appellate educational event with almost 400 appellate judges and practitioners in attendance. It features discussions on emerging trends, challenges, and legal issues affecting appellate practitioners and the judiciary. This summit is organized by the National Judicial College and the Appellate Judges Education Institute, with participation of the [...]

14 Nov, 2022

$111 Million Verdict Assessed Against Minnesota Surgical Practice — Could it Happen in Nebraska or Iowa?

2022-11-14T17:59:18-06:00November 14th, 2022|LDM MedMal Forum|

This past summer saw a Minnesota federal jury deliver what may be the state’s largest medical malpractice verdict to date. Though outside the jurisdictions LDM generally provides services in, this verdict offers an opportunity for defense practitioners to assess whether their clients may be at risk of incurring similar substantial judgments. The case, Thapa v. St. Cloud Orthopedic Associates, Ltd., arose from an injury a college student sustained during a [...]

11 Nov, 2022

Sean A. Minahan Presented to Nebraska LEAD Class 40 on Agricultural Law Trends & Challenges

2022-11-11T13:26:44-06:00November 11th, 2022|Latest News|

Partner Sean A. Minahan presented to the Nebraska LEAD Class 40 on November 3, 2022 at the University of Nebraska – Lincoln. His presentation covered recent national and regional trends in agricultural law, including issues in farm succession planning, guardians and conservatorships, class action pesticide torts, right to farm laws, water rights and a case study in a recent farm lease dispute. The Nebraska LEAD program has been [...]

9 Nov, 2022

What to Expect at Mediation

2022-11-09T14:22:45-06:00November 9th, 2022|LDM MedMal Forum|

If you are involved in litigation, you have likely heard that most medical negligence cases are resolved prior to trial. You may not know the mechanics of how lawsuits reach resolutions. One of the most common methods is mediation. Mediation is a process in which the parties to a lawsuit meet with a neutral person (a mediator) who assists the parties with negotiating a settlement of the case. In recent [...]

7 Nov, 2022

Adam R. Feeney Elected As Chair of NSBA’s Alternative Dispute Resolution Section

2022-11-07T11:54:36-06:00November 7th, 2022|Latest News|

Partner Adam R. Feeney was recently elected as Chair of the Nebraska State Bar Association’s Alternative Dispute Resolution Section. This section focuses on increasing awareness of and training in means of resolution of disputes outside of the court litigation, such as mediation and arbitration. Click here to learn more about the NSBA and this section.

4 Nov, 2022

Life at LDM | Attorney Spotlight, Kyle Wallor

2022-11-04T11:02:34-05:00November 4th, 2022|Latest News, Life at LDM|

Kyle Wallor, Partner Describe your career trajectory. In August 1994, I packed all my belongings into a 1984 Volvo 240DL and hauled them 1,400 miles from the beaches of Narragansett, Rhode Island to the mean streets of Mid-Town Omaha, Nebraska. All of that to attend Creighton Law School. (That 240DL was a sexy ride, just Google it). Thanks to our very own Frank Schepers calling in a favor [...]

3 Nov, 2022

Mark E. Novotny Presented at the Metro West Dental Seminar

2022-11-03T09:43:19-05:00November 3rd, 2022|Latest News|

Partner Mark E. Novotny presented to dental providers at the Metro West Dental Seminar on November 2, 2022 in LaVista, Nebraska. Mr. Novotny addressed the anatomy of dental claims, lawsuits, investigation, risk exposure, liability insurance, defense and proper documentation. He also discussed the team concept of providing dental care and documentation to lessen risks to the team members and provided actual dental and periodontal examples of real cases [...]

1 Nov, 2022

Rick Harris and Michael L. Storey Obtained Defense Verdict for Iowa Hospital

2022-11-01T13:00:42-05:00November 1st, 2022|Latest News|

On October 28, 2022, Partners Rick Harris and Michael L. Storey obtained a defense verdict for an Iowa hospital after a 10-day jury trial. Plaintiffs alleged that following a CT angiogram of the chest, the radiology technologists, nurses, and emergency room physician did not timely diagnose and treat an anaphylactic reaction to contrast. Plaintiffs, including the patient, his wife, and four adult children, sought over $34 million [...]

31 Oct, 2022

The Nebraska Supreme Court Ruled in Favor of LDM Client

2022-10-31T13:09:57-05:00October 31st, 2022|Latest News|

Can you get interest on construction liens? You can now—at 12%. The Nebraska Supreme Court recently ruled that an LDM client could recover 12% interest on amounts owed under a construction lien. Here, LDM’s client was a material supplier on a construction project. The subcontractor failed to pay the material supplier and we filed a construction lien on its behalf. When the property owner and general contractor refused to pay [...]

31 Oct, 2022

How to Get 12% Interest on Construction Liens

2022-10-31T13:47:55-05:00October 31st, 2022|Construction Contractor Advisor, Construction Lien, Nebraska Construction Law|

You know the construction project is not going well when you are considering filing a construction lien. However, here is a little light at the end of the tunnel—you can now demand that the property owner pay you 12% annual interest on your claim from the date you filed your construction lien. A recent Nebraska Supreme Court decision made this right clear. In Echo Group v. Lund Ross, the material [...]

18 Oct, 2022

Ellen K. Geisler Elected as Treasurer for the NSBA’s Young Lawyers Section Executive Committee

2022-10-18T10:30:36-05:00October 18th, 2022|Latest News|

Associate Ellen K. Geisler was elected as Treasurer of the Nebraska State Bar Association's (NSBA) Young Lawyers Section (YLS) Executive Committee at the annual meeting. She is currently serving a four-year term as the representative for District 4 (Douglas County) on the Executive Committee. There are currently approximately 1,100 members in the YLS. The YLS organizes Continuing Legal Education opportunities and social events for its members across the [...]

17 Oct, 2022

The Long Arm of the Law: Investigating Crop Insurance Fraud

2022-10-17T15:21:49-05:00October 17th, 2022|Agriculture, Criminal Conduct, Crop Insurance, Farm Management, Fraud, Insurance coverage, Latest News, Midwest Agricultural Law|

The long arms of the USDA Risk Management Agency (RMA) recently caught a Nebraska man for making false statements in the collection of a sizeable crop insurance claim. The end result was a sentence of 16 weekends of jail time, a $100 special assessment, a $30,000 fine and the kicker of $1,000,000 in restitution. The sentence was for a 2015 crop insurance claim with the investigation starting after the man [...]

14 Oct, 2022

Nichole S. Bogen Re-elected as NSBA’s Labor Relations and Employment Law Section Chair

2022-10-14T15:16:15-05:00October 14th, 2022|Latest News|

Partner Nichole S. Bogen was re-elected as the chair of the Labor Relations and Employment Law Section for the Nebraska State Bar Association (NSBA). The Section provides a forum for the discussion and development of substantive and procedural laws relating to the field of labor relations and employment law. It also promotes and maintains high standards of conduct, integrity, and skill for persons engaged in the practice. [...]

14 Oct, 2022

Adam R. Feeney Published in the “Interim Measures in the United States in Aid of Arbitration”

2022-10-14T15:15:18-05:00October 14th, 2022|Latest News|

Partner Adam R. Feeney, with research assistance from Callie A. Kanthack, contributed to the Nebraska section “Interim Measures in the United States in Aid of Arbitration.” The book is a state by state survey of the availability of interim measures in court, such as orders of attachment or injunctions, in aid of arbitration. Click here to learn more about this book and its contents.

6 Oct, 2022

Are You Prepared to Face the IRS?

2022-10-06T11:00:22-05:00October 6th, 2022|Latest News, Tax|

The recently passed “Inflation Reduction Act” contained a provision aimed substantially increasing the IRS’s enforcement capabilities. This increased the IRS budget by roughly $80 billion for the next 10 years. According to the Tax Foundation, $45.6 billion of that budget increase will go toward enforcement—a 69% increase. Additionally, according to the Tax Foundation, the IRS budget increase is projected to raise $203 billion in gross revenue and $123 billion in [...]

5 Oct, 2022

Nebraska Court of Appeals Upheld Trial Court’s Ruling in Favor of LDM Client

2022-10-05T08:53:27-05:00October 5th, 2022|Latest News|

The Nebraska Court of Appeals upheld the trial court’s ruling that LDM’s client, represented by Craig F. Martin and Callie A. Kanthack, did not have to give her land or money to her estranged daughter. In 2021, LDM’s client’s daughter filed a lawsuit against alleging that her mother breached their agreement to give her daughter hundreds of acres of farm ground. LDM’s client denied that she was [...]

4 Oct, 2022

Can a Nurse Be Sued for Following a Physician’s Order?

2022-10-04T11:51:45-05:00October 4th, 2022|LDM MedMal Forum|

Consider a scenario whereby an attending physician gives orders to a nursing staff to monitor a patient and report to the physician any changes in the patient’s condition.  Despite the nursing staff’s constant monitoring, quick reporting to the attending physician, and implementation of further physician-guided treatment, the patient takes a turn for the worse.  Will a lawyer be able to point the finger at those nurses and say they owed [...]

3 Oct, 2022

How Private is Your Cell Phone Usage Once a Malpractice Case is Filed?

2022-10-03T18:39:38-05:00October 3rd, 2022|LDM MedMal Forum|

According to recent studies, most physicians and other health care providers (HCPs) use smartphones at work for a variety of purposes.  These include accessing electronic health records, communicating with patients and other HCPs, managing their schedules, viewing live monitoring data from remote locations, and consulting with apps downloaded to provide drug, diagnostic, and treatment information…in addition to using them for personal communication.  As a result, boundaries between professional and personal [...]

29 Sep, 2022

Mark E. Novotny and William R. Settles Presented at the 2022 Nebraska Defense Counsel Meeting

2022-11-01T12:56:17-05:00September 29th, 2022|Latest News|

Partners Mark E. Novotny and William R. Settles presented at the Nebraska Defense Counsel Meeting for MMIC/Constellation Insurance Company on September 12, 2022. In attendance were attorneys and insurance professionals who represent health care providers in professional practice matters. Mr. Novotny spoke on EMR litigation discussing EMR and audit trails, data related to claims, and provided nationwide examples of EMR/Audit Trail litigation and claims. Mr. Settles presented [...]

23 Sep, 2022

Daniel J. Waters to Present at 2022 Ag Law Summit

2022-09-23T07:39:37-05:00September 23rd, 2022|Latest News|

On Friday, September 30, Partner Daniel J. Waters will present "Governing Documents for Your Farm or Ranch Business Entity: When, How, and Why They Matter" at the 2022 Ag Law Summit. Washburn University School of Law, in collaboration with Creighton University School of Law, present this program which provides an overview of tax law provisions relating to a variety of issues that arise in Farm and Ranch Tax, [...]

20 Sep, 2022

Partners Michael L. Storey and Patrick G. Vipond Secure Medical Malpractice Defense Verdict in $30 Million Lawsuit

2022-09-20T08:45:38-05:00September 20th, 2022|Latest News|

Following a six-day trial in Pottawattamie County, Partners Michael L. Storey and Patrick G. Vipond secured a defense verdict for a jail psychiatrist in a lawsuit seeking more than $30 million in damages. The plaintiff was arrested on July 24, 2018, and remained in the Pottawattamie County jail until the night of August 2, 2018. On that night, the jail released him from custody and sent him [...]

19 Sep, 2022

When Does the Clock Start? Bogue v. Gillis Clarifies the Continuous Treatment Doctrine in Nebraska

2022-09-26T10:14:50-05:00September 19th, 2022|LDM MedMal Forum|

Understanding the statute of limitations for any case is an essential first step.  However, determining whether a claim was timely filed is not always clear in medical malpractice cases.  This is especially true when the patient continues receiving treatment after the alleged negligence. Under the Nebraska Hospital-Medical Liability Act, a patient must bring a medical malpractice lawsuit within two years of the allegedly wrongful act, or if such wrongful act [...]

15 Sep, 2022

LDM Congratulates Matthew Karnes, Olivia McDowell and Phillip Sanberg on Passing the Nebraska Bar Exam

2022-09-15T08:49:00-05:00September 15th, 2022|Latest News|

Lamson Dugan & Murray LLP congratulates Matthew Karnes, Olivia McDowell and Phillip Sanberg on their recent achievements of passing the Nebraska Bar Exam. Matthew and Olivia will join as associates in our litigation department and Phillip will join as a corporate associate – all three will be working in our Omaha office. They will be sworn in on September 20. Congratulations!

12 Sep, 2022

Stephanie Fosbinder Recipient of the NePA 2022 Certified Paralegal Scholarship

2022-09-12T13:51:11-05:00September 12th, 2022|Latest News|

Paralegal Stephanie Fosbinder was recently awarded the Nebraska Paralegal Association’s (NePA) 2022 Certified Paralegal (CP) Scholarship. The CP Scholarship encourages and assists individuals in their pursuit to obtain the Certified Paralegal designation and covers educational expenses related to obtaining this certification. The recipient also automatically becomes a member of the CP/ACP Scholarship Committee in the fiscal year following the awarding of the scholarship. Stephanie’s achievement will be announced at the [...]

7 Sep, 2022

Daniel P. Chesire Granted FDCC Emeritus Membership

2022-09-07T09:57:58-05:00September 7th, 2022|Latest News|

Lamson Dugan & Murray LLP’s Daniel P. Chesire was recently granted Emeritus Membership by the Federation of Defense & Corporate Counsel (FDCC). This prestigious membership is reserved for members who rendered exemplary service to the Federation and made outstanding contributions to advance the objectives and purposes of the organization. Emeritus Member status is bestowed only to those exemplary professionals whose contributions are of the highest caliber and their [...]

7 Sep, 2022

LDM Congratulates Newest Associate, Sarah Schleisman, for Passing Iowa Bar Exam

2022-09-07T09:54:55-05:00September 7th, 2022|Latest News|

Lamson Dugan & Murray LLP congratulates Sarah Schleisman on her recent achievement of passing the Iowa Bar Exam. Sarah is one of the Firm’s newest team members and works in our West Des Moines office. Prior to studying for the bar she attended Drake University Law School and was the Executive Editor of the Drake Journal of Agricultural Law. Sarah also clerked for Conterra Ag Capital. She celebrated passing the [...]

30 Aug, 2022

LDM Expands Firm with the Additions of Theodore T. Appel, Mary C. Mikuls and Taylor J. Jurgens

2022-08-30T15:50:58-05:00August 30th, 2022|Latest News|

Lamson Dugan & Murray LLP welcomed attorneys Theodore (Ted) Appel, Mary Mikuls and Taylor Jurgens to the Firm. Ted Appel is a litigation associate at LDM’s West Des Moines office. Prior to joining the Firm, Ted was a law clerk for Chief Justice Susan Larson Christensen of the Iowa Supreme Court during the 2021-22 term and graduated from the University of Iowa College of Law in [...]

26 Aug, 2022

Document, Document, Document — Accurately!

2022-09-19T14:27:59-05:00August 26th, 2022|LDM MedMal Forum|

In defending medical malpractice cases, we are often faced with issues pertaining to the accuracy of the medical records.  It was originally thought that Electronic Medical Records (EMR) would provide a completely accurate contemporaneous record of what occurred in the medical care.  Unfortunately, EMR is only as good as the efforts used to correctly input the data.  Even the slightest discrepancy or ambiguity may result in protracted litigation. In the [...]

25 Aug, 2022

Partner Nichole S. Bogen Selected to the Lincoln Chamber of Commerce Small Business Advisory Council

2022-08-25T15:56:49-05:00August 25th, 2022|Latest News|

Partner Nichole S. Bogen represents Lamson Dugan & Murray LLP as Council Member of the Lincoln Chamber of Commerce Small Business Advisory Council. This council was formed as a cross-section of Lincoln’s Chamber membership and represents businesses of varied industries. It discusses opportunities and concerns impacting the small businesses of Lincoln. Click here to learn more.

22 Aug, 2022

Ellen K. Geisler Selected to Participate in the 2022-2023 NSBA Leadership Academy

2022-08-22T15:27:23-05:00August 22nd, 2022|Latest News|

Associate Ellen K. Geisler was selected to participate in the 2022-2023 Nebraska State Bar Association (NSBA) Leadership Academy. The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make greater contributions to the legal profession and their community. The monthly sessions will discuss topics such as: Effective Leadership, Legislative Issues, Balancing Work and Life, and Public Trust and [...]

18 Aug, 2022

Best Lawyers in America 2023

2022-08-19T09:36:15-05:00August 18th, 2022|Latest News|

Lamson Dugan & Murray LLP is proud to announce that 14 of their attorneys have been recognized in the 29th Edition of The Best Lawyers in America. This recognition is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Congratulations to the following Partners! Appellate Practice Rick Harris (West Des Moines, IA) William R. Settles Closely Held Companies and Family Businesses Law [...]

17 Aug, 2022

Emotional Damages Alone are Not Enough for a Malpractice Case in Iowa

2022-08-17T08:06:11-05:00August 17th, 2022|LDM MedMal Forum|

The general rule in Iowa is emotional distress damages are not recoverable in torts, “absent intentional conduct by a defendant or some physical injury to the plaintiff”.  Miranda v. Said, 836 N.W.2d 8, 14 (Iowa 2013).  This rule recognizes there is no duty in tort law to avoid causing emotional damages.  Id.  The duty to exercise ordinary care to avoid causing emotional harm is recognized only when supported by the [...]

16 Aug, 2022

Erin K. Artz Selected to Serve on Executive Committee for NSBA Tax Section

2022-08-16T12:28:28-05:00August 16th, 2022|Latest News|

Associate Erin K. Artz was recently selected to serve on the Executive Committee for the Nebraska State Bar Association’s (NSBA) Tax Section. The Section is dedicated to promoting and improving the professional knowledge and skill of its members by addressing practical and legal issues arising in taxation laws and regulations, as well as cultivating social and professional relationships among its members and disseminating information of interest to its [...]

9 Aug, 2022

Jason W. Grams Elected as a Nebraska State Bar Foundation Fellow

2022-08-09T08:14:31-05:00August 9th, 2022|Latest News|

Lamson Dugan & Murray LLP is pleased to announce the nomination of Partner Jason W. Grams to become a Nebraska State Bar Foundation Fellow. Fellowship is awarded to a select number of Nebraska lawyers who distinguish themselves through professional achievements and contributions to the Foundation. Only 30 lawyers are nominated and elected annually. Mr. Grams joins six other Lamson Dugan & Murray attorneys who achieved this honor: • [...]

8 Aug, 2022

William R. Settles Celebrates Milestone Membership in NSBA

2022-08-08T10:26:26-05:00August 8th, 2022|Latest News|

Partner William R. Settles celebrates 30 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. Settles has 30 years of experience defending physicians, hospitals and other health care providers. Read more about his expertise and accomplishments, [...]

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 [...]

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