Latest News

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 [...]

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 [...]

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