You know the situation—the lender or general contractor is waiving a check in front of you, but they won’t give it to you until you sign a waiver. Before you sign it, make sure you know exactly which rights you are waiving. Nebraska statutes specially allow a contractor to waive lien rights. Section 52-144 allows a contractor to waive lien rights even before the work has been preformed or materials [...]
Lately we have been fielding a lot of calls from farmers, ranchers and various other agribusiness to assist in collecting on unpaid debts. Our first question when taking that call is “when was the work performed or the materials supplied?” Our second question, “is there an ag lien on file yet?” It seems that everybody knows ag liens exist. It also seems that only the most sophisticated know exactly [...]
Partner Dave Schmitt successfully secured summary judgment dismissal in a crossing accident case in Iowa. The case involved an individual who ignored lowered crossing gates at an Iowa railroad crossing and ran across tracks when this individual was struck by the front corner of an oncoming train. Fortunately, the individual survived and quickly recovered from her physical injuries, although plaintiffs also claimed the individual suffered psychological, cognitive and behavioral difficulties [...]
The information that you must include in a Nebraska construction lien is pretty straightforward. A construction lien must include the following: The real estate subject to the lien; The name of the person against whose interest in the real estate a lien is claimed; The name and address of the claimant; The name and address of the person with whom the claimant contracted; A general description of the services performed [...]
Mark Novotny and Sarah Dempsey recently obtained the dismissal of a medical malpractice case filed against an orthopedic surgeon and his clinic arising out of a wrist surgery. The plaintiff had attempted to assert the claim as a claim for battery in an attempt to use the longer statute of limitations for the alleged intentional tort instead of the expired statute of limitations for alleged professional negligence. Mr. Novotny and [...]
I’ve reviewed three construction contracts this week and all three of them contained a pay-if-paid clause. Are you signing contracts with pay-if-paid clauses? Here are some suggestions to minimize your risk with pay-if-paid clauses. What is a pay-if-paid clause? Pay-if paid clauses eliminate the general contractor’s obligation to pay subcontractors if the general contractor does not get paid. Courts reviewing these clauses have found that a subcontractor that signs a [...]
This is the first in a series of blogs on preserving your rights to get paid on a construction project. The most effective tool you have to get paid is by filing a construction lien. But, there’s a lot to consider before you file that lien. This blog will cover when you must file your lien and where the lien should be filed. The Nebraska Construction Lien Act is contained [...]
After a three year experiment as Vice President and General Counsel at a long time client, I’m back to practicing law at Lamson Dugan & Murray. It was an amazing three years and I learned first hand how hard it is to deal with the day to day operations of a company, let alone the legal details. For the past three years, I was a jack of all trades, and, [...]
Does Nebraska’s Revised Summary Judgment Statute Require Submission Of A Statement Of Undisputed Material Facts?
Appealing Litigation first addressed the 2017 “facelift” to the summary judgment statute in an October 2017 blog post. In her post, Partner Cathy Trent-Vilim noted that the revisions to Nebraska’s summary judgment statute, Neb. Rev. Stat. § 25-1332, now require the moving party, as well as the responding party, to provide citations to the evidence in support of their assertions of fact. After the statute became effective, it was unclear [...]
On February 14, 2019, Attorney Mike Storey presented for an hour at a member luncheon for the Independent Insurance Agents of Omaha. The topic, “Recent Court Cases Affecting E&O Claims,” focused on the recent decision in Hansmeier v. Hansmeier, 25 Neb. App. 742 (2018). The presentation explored and compared various Nebraska cases to create helpful rules of thumb to avoid future E & O claims. Mr. Storey, as well as various [...]
Lamson Dugan & Murray Announces Catherine E French, Maria T Lighthall, and Adam R Feeney as Partners
Lamson Dugan & Murray is pleased to announce that attorneys Catherine E. (Katie) French, Maria T. Lighthall, and Adam R. Feeney have become partners of the Firm as of January 1, 2019. Katie French Bio: https://www.ldmlaw.com/profiles/catherine-e-french/ Maria Lighthall Bio: https://www.ldmlaw.com/profiles/maria-t-lighthall/ Adam Feeney Bio: https://www.ldmlaw.com/profiles/adam-r-feeney/
LDM attorneys Cathy Trent-Vilim and Janae Hofer published a featured article in the January 2019, The Voice, Vol 18 Issue 4. The article offers extrinsic evidence on Rule 12 motions. See the article below. Beyond the Pleadings: Offering Extrinsic Evidence on Rule 12 Motions: voice_1_30_19
Katie French is providing another FREE opportunity to see her presentation on Legal Planning for Parents. It will take place on Wednesday February 20th. The discussion will focus primarily on planning for parents with minor children, but also provide an overview of the process of probating a will, as well as what happens if you die without a will. Here is the link to RSVP, space is limited based on [...]
LDM Partner Jason Grams published a featured article in the Jan/Feb 2019, The Nebraska Lawyer, Vol 22 No 1. The Little Things That Kill Credibility in Court Papers: TheLittleThingsThatKillCredibilityinCourtPapers
This is the third installment of a three-part blog series on evidence that courts may consider when deciding motions to dismiss without converting the motion to one for summary judgment. Previous blog posts in this series discussed the admissibility of certain documents, matters of public records, and subjects of judicial notice. Concessions and Admissions The next type of evidence that courts may consider outside of the pleadings is any concession [...]
LDM Partner Cathy Trent-Vilim coauthored two featured articles in the Jan/Feb 2019, The Nebraska Lawyer, Vol 22 No 1. The Demise of the Collateral Order Doctrine in Nebraska: TheDemiseoftheCollateralOrderDoctrineNebraska Looking Beyond the Pleadings: LookingBeyondthePleadings
As discussed in the previous blog post regarding evidence admissible for motions to dismiss, courts can only consider limited types of evidence when deciding motions to dismiss. Public Records and Judicially Noticed Matters Public records, and subjects of judicial notice, are other forms of evidence defendants can properly rely upon on a motion to dismiss. Typically, all that is required is attaching the record since authenticity is not generally an [...]
Lamson Dugan & Murray participated in No-Shave November to help raise money to support Omaha's Children's Hospital & Medical Center - Hematology/Oncology program. The goal of No-Shave November is to grow awareness by embracing our hair, which many cancer patients lose, and letting it grow wild & free. The firm had 19 attorneys and support staff participate in the month long charity event and together raised $2,076.00 for Children's Hospital!
Defense attorneys sometimes file motions to dismiss in lieu of answering complaints. To support these motions, defense attorneys may offer evidence, which is often objected to by opposing counsel on grounds that the admission of evidence would convert the motion to dismiss to a motion for summary judgment. If the trial court agrees, evidence that should be admissible is excluded. After months of discovery, the issue raised in the motion [...]
On Saturday, November 3, LDM Partner Bob Murray was inducted into the Nebraska State Soccer Association’s Hall of Fame! In the late 80’s, Creighton was in danger of losing its NCAA accreditation because it did not have at least 7 Division 1 programs for both men and women. Bob convened a group of individuals to approach Father Morrison (then President of Creighton University) to offer a solution to the NCAA [...]
LDM Attorney Liz O’Connor has been elected as the new Regent to the University of Nebraska for District 4. She swept her opponent, obtaining 72% of the votes from District 4. Liz is the fifth ever woman to serve on the University Board of Regents since its creation in 1869 This Board provides governance and oversees the University’s $2 Billion budget for its four campuses—UNL, UNK, UNO, and UNMC. Eight [...]
Attorneys Sean Minahan and Karson Kampfe recently successfully defended their client on a negligent construction claim in the Sarpy County, Nebraska District Court. A property owner had claimed the contractor had negligently completed a large landscape project and refused to pay the contractor the final two invoices. After 4 days of evidence, the jury took 2 ½ hours to find against the home owner and award the contractor the full [...]
LDM Partner Bill Settles won his 44th jury trial when a Douglas County jury returned a unanimous verdict in favor of his clients on November 5, 2018. The plaintiff alleged that Mr. Settles’ clients failed to diagnose her breast cancer for over a year, causing the cancer to grow to an advanced stage when it was eventually diagnosed. Mr. Settles defended this difficult and emotional case by presenting top experts [...]
We all know the saying—“When life gives you lemons, make lemonade.” One of the ways that individuals with disabilities can “make lemonade” out of the endless financial burden of living with a disability is by taking advantage of unique tax deductions available to them. Under the Tax Cuts and Jobs Act, the medical expense deduction floor of 26 U.S.C. § 213 was temporarily reduced from 10 percent to 7.5 percent. [...]
Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, has assumed the position of Co-Chair for the Nebraska State Bar Associations Appellate Law section. The purposes of the Appellate Practice Section are (1) to promote the role and enhance the skills of Nebraska appellate lawyers to best serve clients, and (2) to improve the practice of appellate law in Nebraska. Congratulations Ms. Trent-Vilim!
On October 26th, a twelve person jury returned a unanimous verdict in under three hours in favor of the clients of Partner and trial counsel Mark Novotny in Saline County District Court. The case alleged that the death of a 17 year old girl was caused by medical malpractice. The tragic case involved a rare form of necrotizing pneumonia following influenza. Mr. Novotny provided the jury overwhelming evidence that the [...]
Congratulations to John Walker and Cathy Trent-Vilim for their recent success before the Nebraska Court of Appeals. At the trial court level, Mr. Walker successfully represented a guardian ad litem in a hotly-contested guardianship proceeding, including obtaining an award of attorney fees on grounds that the proceedings to unseat the guardian were frivolous. Ms. Trent-Vilim assisted Mr. Walker of the appeal, resulting in the affirmance of the trial court decision.
Imagine Plaintiff John Doe has sued your company in, of all places, Nebraska. After consulting Google and confirming Nebraska does, in fact, have more cattle than people (6.6 million cattle to 1.8 million residents), you realize your company and have done little business in the State of Nebraska and has had limited contact with the state or its residents. So are you required to defend yourself in a Nebraska court? [...]
Bill Lamson and Denise Destache represented a Certified Registered Nurse Anesthetist (CRNA) at trial beginning on August 20th . After a 5-day trial, the jury found for the CRNA in less than 1 hour! The case involved a patient who had been hospitalized for complications of alcohol abuse. The patient’s family sued the CRNA, alleging that a medication given prior to an emergency intubation caused the patient to suffer a [...]
And they didn’t even wait for lunch! Partner Mark Novotny just won a medical malpractice jury defense verdict in the District Court of Buffalo County (Kearney), Nebraska. After four days of trial, the jury started deliberations on Friday at 11:05 a.m. The jury returned a unanimous verdict in favor of the defense at 11:30 a.m. Twenty-five minutes!
Best Lawyers in America has named twelve Lamson Dugan & Murray LLP attorneys in The Best Lawyers in America 2019 Edition. The recognition of “Best Lawyers in America” is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Only one attorney is recognized as the “Lawyer of the Year” for each specialty and location. Attorney Daniel P. Chesire of LDM, was awarded [...]
Mark Novotny and Sarah Dempsey recently obtained a dismissal of a medical malpractice case. The plaintiffs filed the case against a physician and his medical practice. Mark and Sarah convinced the court to dismiss the case, arguing that the plaintiffs had failed to timely serve their clients with the lawsuit. The court agreed and held that the case was dismissed by operation of law.
LDM recently secured affirmance of a judgment in its client’s favor. The case related to the value of a departing partner’s ownership interest in a national law firm. LDM’s trial team – consisting of Brian J. Brislen and Daniel P. Chesire – alongside co-counsel James J. Banks of Banks & Watson in Sacramento California, persuaded the court to adopt the client’s position on all issues raised by the departing partner. [...]
LDM attorneys Cathy Trent-Vilim and Mark Novotny successfully defended the grant of a summary judgment before the Nebraska Court of Appeals. In the case, the estate of a resident of a nursing home filed suit alleging the resident (who had been battling cancer for many years and been given a terminal diagnosis) fell on the premises and died as a result of the fall. The trial court found, and the [...]
Adam Feeney, an associate at Lamson Dugan & Murray LLP, has been accepted into the NSBA Leadership Academy. The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make grater contributions to the legal profession and their community. For more information about the academy, please go to https://www.nebar.com/page/Leadership.
The Korths’ house painted blue. Photo courtesy of John Walker. Probate & Property March/April 2018 Vol.32 No. 2 edition Restrictive Covenants: Painting Is Not An “Improvement” Requiring Approval Under Restrictive Covenant. In, 2004, the Korths purchased a residential lot subject to restrictive covenants and submitted plans to paint their house blue, but acquiesced to the developer’s denial of the proposed paint color and insistence on an earth tone. Nonetheless, ten [...]
My father has recently taken to saying "75 is the new 65", which is his way of trying to convince my mother he can still do things he did when he was 65. My mother rolls her eyes, mutters "Yeah, sure" and proceeds to gather up a heating pad and the ibuprofen.When it comes to farmland owners across the Midwest, my father is not alone in this statement. The results [...]
The following article was authored by Jessica Weborg, Attorney, at Lamson, Dugan & Murray LLP. On May 23, 2018, the United States Senator from Nebraska, Ben Sasse introduced the “Transporting Livestock Across America Safely Act” (S.2938) (“the Act”) into the United States Senate. A copy of the bill can be viewed by [...]
At times, caregivers of elderly or disabled individuals, and family members of these individuals, may be at odds with each other. Among other struggles, caregivers may, at times, isolate the individuals from their loved ones. Nebraska recently enacted LB 122, a bill intended to prevent caregivers from arbitrarily denying visitation to a family member of a resident of a health care facility or an individual receiving care within any home [...]
Sarah Dempsey, an associate attorney in the litigation department of Lamson Dugan & Murray LLP, will be presenting at the “Civil Trial: Everything You Need to Know” seminar on August 28th, 2018. The event will be held at the Courtyard Omaha Aksarben Village here in Omaha. For more information please go to the seminar webpage: Civil Trial: Everything You Need to Know.
Your client had a great case. Or so you thought – just before the jury came back and found for the opposing party. Your disgruntled client is now looking to you to make her whole. Are you on the hook for the disappointing results? Of course, the answer depends on whether you committed malpractice; that is, whether you used the same skill, prudence, and diligence as lawyers of ordinary [...]
A physician represented by Mark Novotny, with the help of Nancy Pont, Shelli Eden and Judy Ray, obtained a defense verdict from a jury after a five day trial. Although the plaintiff asked the jury for $1.73 million for her alleged injuries, the LDM litigation team convinced the jury that our client physician was not professionally negligent, did not commit medical malpractice and the jury awarded $0.
The following was authored by attorney, Shannon G. McCoy, Lamson, Dugan & Murray, LLP and written for submission in the National Land Improvement Contractors of America (LICA) newsletter. Succession planning frustration One Month before Your Planned Retirement, 2038: Owner: Alright Steve, Mike, and Kelsey, the day has finally come, it is time to sell my 100% ownership interest in Family Business, LLC, and each of you gets to purchase an [...]
The following was authored by attorney, Shannon G. McCoy, Lamson, Dugan & Murray, LLP and written for submission in the National Land Improvement Contractors of America (LICA) newsletter. Succession Plan Frustration One Month before Your Planned Retirement, 2038: Owner: Alright Steve, Mike, and Kelsey, the day has finally come, it is time to sell my 100% ownership interest in Family Business, LLC, and each of you gets to [...]
LDM business and commercial trial lawyers Brian Brislen and Eric Tiritilli received a jury verdict in favor of an LDM client on all issues. The case was a unique replevin case tried in Platte County District Court in front of the Honorable Robert Steinke. Our client’s farm vehicles, 2005 and 2014 Mack Truck Feedwagons, were fraudulently pledged as collateral to a bank to collateralize a sizable personal loan to a [...]
As of Friday, June 1, Cathy Trent-Vilim has assumed the position of President of the Nebraska Defense Counsel Association. Ms. Trent-Vilim is a partner at Lamson Dugan & Murray LLP. The Nebraska Defense Counsel Association (NDCA) is a state-wide association dedicated to serving the needs of its members. Membership is open to Nebraska attorneys who devote a majority of their law practice to the defense of civil lawsuits. The NDCA [...]
The Nebraska Court of Appeals recently upheld summary judgment obtained by attorneys Sean Minahan and Pat Vipond in the Nebraska District Court of Keith County. Appellees argued that their insurance agent negligently advised them as to workers’ compensation insurance requirements under state law. The Court, however, determined Appellees failed to request workers’ compensation insurance and the agent had no duty to advise Appellees as to Nebraska’s workers’ compensation insurance requirements. [...]
Congratulations to Katie French and Shannon McCoy on their new leadership roles in the Omaha Bar Association Young Lawyers Division! Both Ms. French and Mr. McCoy are associates at Lamson Dugan and Murray. Chair: Katie French, Lamson Dugan & Murray Board Member At-Large: Shannon McCoy, Lamson Dugan & Murray
Mark Novotny and Sarah Dempsey were recently successful in obtaining summary judgment for a firm hospital client and having the medical malpractice case dismissed. The plaintiff alleged that nurses at the hospital were negligent in leaving a foreign object inside the plaintiff after a procedure. The court agreed with Mr. Novotny and Ms. Dempsey that the case should be dismissed because the statute of limitations for filing the medical malpractice action [...]
We've all been there. Long days. Late nights. Slogging away for the benefit of your client. Then, when you send the bill to be paid for your time, nothing happens. Days, weeks and months go by, to no avail. Your follow up letters, emails and phone calls fare no better. The time has come to file suit to collect. Or has it? If you are contemplating filing an action to [...]