Ryan P. Tunink, Attorney What is your definition of success? Success is improving each time you try something while finding joy in trying it. What's the most unique part about working at LDM? The most unique part of working at LDM, at least as an associate, is how quickly the firm helps you get practical experience at every step of the litigation process. The partners at LDM are [...]
Partner Adam R. Feeney presented at the Midlands African Chamber’s Xcelerator Program on November 7, 2023. The Xcelerator Program is an enterprise accelerator program designed to strengthen, energize, and support startups and small businesses led by BlPOC entrepreneurs in Nebraska and throughout the Midlands. Adam presented on different types of business entities and their potential pros and cons, as well as other business formation issues. He has represented clients in [...]
Partner Sean Minahan recently provided a "Farm Succession and Continuity Planning" presentation to the Nebraska LEAD Program, 2022-2024 LEAD Fellows 41. The LEAD Fellows were provided in depth information as to the necessity of succession planning, the vehicles for an effective succession plan, and how a proper succession plan will ensure the continuity of a farming and ranching operation for the next generation.
LDM attorneys recently participated in Creighton University’s Opportunity Knocks. The Opportunity Knocks event allows first year law students to meet and interact with attorneys from different firms and learn about the different areas of practice.
LDM is proud to share that the LDM Suit Scholarship has been extended to Drake Law School to help students put their best foot forward. Earlier this year LDM launched a suit scholarship for Creighton law students that is designed to reduce barriers to entry in the legal profession. Each scholarship is an award of up to $500 to help alleviate the financial burden of purchasing business professional attire for [...]
In a recent ruling by the Nebraska Supreme Court, the answer was YES. Nebraska’s prejudgment interest statute provides that parties are entitled to twelve percent (12%) interest per annum on money due on any instrument in writing (such as a contract), unless the parties agree on another amount or to waive contractual interest. The statute provides that the account bears interest from the date of billing unless paid within thirty [...]
On Wednesday, October 18th, hundreds of distinguished members of the bench and bar, along with 14 attorneys from LDM, gathered in the Gold Coast Ballroom of the Kimpton Cottonwood Hotel in Omaha to celebrate the Nebraska State Bar Presidency of LDM Partner Jason W. Grams. Those in attendance celebrated Jason’s hard work and dedication to the Bar Association over the past year. After Jason summarized some of the [...]
October 31st is fast approaching. This is important, not because that’s Halloween, but because that is the day employers may file their EEO-1 Reports. Employers completing the EEO-1 must submit and certify their workforce demographic data and must use their new Unique Entity Identification Number, not their old DUNS number. Below is some information you need to know before filing. Who is a Covered Employer? Employers are required to file [...]
Lamson Dugan & Murray LLP (LDM) received Legal Aid of Nebraska’s Equal Justice Partner Award which was presented to the Firm on Friday, October 6, 2023 at Legal Aid’s 60th anniversary celebration dinner. The Equal Justice Partner Awards were created in 2019 to honor firms, volunteers, and community partners who support Legal Aid of Nebraska’s mission to promote justice, hope, dignity, and self-sufficiency through quality civil legal aid [...]
Partner Daniel J. Waters presented at the Lauritzen Bank’s Lenders Meeting on September 28, 2023. His presentation focused on business succession planning with key points including the lender’s approach to business continuity planning and corporate governance. Dan’s practice focuses in the areas of estate planning, business succession planning, corporate governance, and commercial transactions. He regularly counsels closely held businesses and their owners. Click here to learn more about [...]
Attorney Ted T. Appel judged oral arguments conducted by first year law students of Drake Law School on September 26 and September 28, 2023 for the C. Edwin Moore Oral Advocacy Competition. These oral arguments are designed for law students in their first semester at Drake Law School to gain practical experience in the art of appellate advocacy and receive real time feedback on their advocacy from members [...]
Partner Janice M. Thomas and Attorney Bryony J. Whitaker recently presented at the 59th Annual Iowa Defense Counsel Association Conference. Janice Thomas’ presentation focused on trial from a juror’s perspective. She also provided tips and tricks to defense counsel, and how to portray their case. Bryony Whitaker shared a case law update on recent appellate decisions surrounding civil procedure and employment law.
Attorney Bryony J. Whitaker was recently elected as the New Lawyers Representative for the Iowa Defense Counsel Association (IDCA). This role includes being the voice for younger defense lawyers, organizing a deposition bootcamp, contributing to new legislation and assisting with the annual defense counsel conference. The IDCA’s mission is to be the trusted professional voice for the defense of civil litigants. Members of the IDCA include lawyers and [...]
On occasion we field a call from a landowner who has an issue with the condition of a neighbor’s drainage ditch. The landowner believes uncontrolled weeds and silt deposits in the neighbor’s drainage ditch is preventing runoff from the landowner’s drainage ditch. Usually, the issue is resolved with some open communication and a simple request to clean and clear the drainage ditch. Unfortunately, on occasion the neighbor has no interest [...]
Attorney Ted Appel recently went “on the road” with the Iowa Court of Appeals. In the following post, he shares with us his experience and how this initiative impacts our community. Q: For those who are not familiar, tell us what the Iowa Court of Appeals’ On the Road event is? ANSWER: Iowa’s court system is divided into three levels of courts: Iowa District Court, Iowa Court of Appeals, [...]
LDM Congratulates and Welcomes Attorneys Maddie C. Hasley, Spencer J. Mitchell and Diana Vazquez Ayala
LDM congratulates Maddie C. Hasley, Spencer J. Mitchell and Diana Vazquez Ayala on their recent achievements of being sworn in and joining the Firm as attorneys. Maddie is an associate in LDM's litigation department in the Firm's Omaha office. She graduated with distinction from the University of Nebraska College of Law where she was a Senior Member of the Moot Court Board. She also received the American Board of Trial [...]
Partner Cathy Trent-Vilim was recently invited to become a Fellow in the Academy of Appellate Lawyers. The Academy is an invitation-only association of respected appellate lawyers. Fellows face stringent membership criteria, undergo rigorous screening, and are approved by the Academy’s Board. Fellows must have 15 years of appellate practice and receive unsolicited nominations from two Fellows. After a rigorous vetting process, the Board of Directors votes on each [...]
Ellen K. Geisler, Attorney What is your definition of success? Working hard and seeing results. Results are not always immediate and often it is the slow day-to-day grind that pays off in the long run. Success does not happen overnight. What's the most unique part about working at LDM? There’s no one-size-fits all approach. In my experience, the firm embraces that each individual has different strengths that they [...]
Lamson Dugan & Murray LLP (LDM) welcomes attorney Austin C. Printz Austin Printz is a litigation attorney in LDM’s Omaha office. Prior to joining the Firm, Austin served in the Air Force Judge Advocate General’s (JAG) Corp for four years, where he assisted active duty and retired military members with preparing wills, solving landlord-tenant disputes, and providing guidance on divorce. He also represented the United States as a [...]
Lamson Dugan & Murray LLP recently promoted Sarah Rotermund as the Executive Director. Sarah, previously the Firm’s Director of Marketing, will now lead the day-to-day operations of the Firm in addition to her continued oversight of marketing initiatives. Sarah is a 40 Under 40 recipient and has over 10 years of experience helping businesses and individuals navigate marketing challenges in various industries. Her experience as an advisor for [...]
Ellen K. Geisler Successfully Defends Jury Trial on Damages, Obtains Verdict Below Pre-Trial Offer of Judgment
Attorney Ellen K. Geisler recently obtained a successful result at a jury trial on behalf of a driver involved in a motor vehicle accident in an admitted-liability case. The jury trial was solely on the issue of the nature and extent of Plaintiff’s injuries caused by the accident and the amount of damages that would compensate Plaintiff for those injuries. At the conclusion of trial, Plaintiff’s counsel asked [...]
Designed to help law students put their best foot forward and reduce barriers to entry in the legal profession, LDM launched the Suit Scholarship for Creighton University law students. The scholarship is an award of up to $500 to alleviate the financial burden of purchasing business professional attire for on campus interviews, open houses and other industry events law students may attend. The application, selection and award distribution will be [...]
Lamson Dugan & Murray LLP (LDM) welcomes attorneys Josh R. Baumann, Georgia R. Rice and Ryan P. Tunink. Josh Baumann joins LDM's Omaha office as a litigation attorney. His areas of expertise include medical malpractice defense, business dispute litigation, wrongful death, personal injury and insurance matters. Prior to joining the Firm, Josh was a Deputy County Attorney for the Douglas County Attorney's Office and subsequently practiced in civil matters for [...]
Partner Jason C. Palmer recently received a defense verdict representing the City of Urbandale in a personal injury claim regarding an alleged defective sidewalk. The plaintiff filed suit after tripping on a piece of elevated sidewalk causing a compound fracture of the wrist with a subsequent surgery inserting a plate and multiple screws.
Lamson Dugan & Murray LLP is proud to announce that 12 attorneys have been recognized in the 30th 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 Jason W. Grams Rick Harris (West Des Moines, IA) William R. Settles Cathy Trent-Vilim Closely Held Companies and [...]
Partner Jason C. Palmer recently presented “Health Emergencies, Drug Users and the Mentally Ill" to the Iowa Communities Assurance Pool (ICAP). His presentation addressed the management of inmates who might be demonstrating withdrawal symptoms - from any substance, including alcohol - while in custody. Click here to learn more about ICAP.
Partners Sean A. Minahan, Monte Schatz, Eric W. Tiritilli, and Daniel J. Waters presented a series of workshops focused on farm succession planning at the Farmers National Company’s 2023 Landowner Workshop Series. These nationwide workshops help landowners plan for the future, build their legacy and educate their families on succession planning. Click here to learn more.
Patrick G. Vipond and Denise M. Destache Obtain Summary Judgment Ruling in Favor of Doctors and Hospital in Medical Malpractice Action
Partners Patrick G. Vipond and Denise M. Destache recently obtained summary judgment dismissal on behalf of a Nebraska hospital, emergency room physician, and anesthesiologist in a medical malpractice lawsuit arising out of allegations of a delay in treatment. Key to the success was an understanding and analysis of the legal burdens and requirements for causation in medical malpractice actions in Nebraska. LDM’s defense effort involved two separate [...]
Lamson Dugan & Murray LLP is pleased to announce five attorneys have been selected to the 2023 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. 2023 Great Plains Super Lawyers Jason W. Grams - Business Litigation William R. Settles - Professional Liability: Defense Patrick G. Vipond - [...]
Earlier this month, OSHA announced that it is seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to make clear that PPE must fit each employee properly. OSHA’s proposed revision to the standard would align the PPE standard for construction with that of general industry and maritime standards, which already require that PPE properly fit workers. OSHA’s Proposed Changes Unlike OSHA’s General Industry PPE standards, [...]
While waiting on an arbitration ruling from the National Grain and Feed Association (“NGFA”), I reviewed some of the NGFA's recent decisions. I was surprised to see how many cases were not decided on the merits, but rather, a party’s failure to simply comply with the NGFA’s rules. Take for example Field Farms Marketing v. Prairie Wide Grain, Inc. The NGFA issued judgment in favor of Field Farms and against [...]
Picture the following. In response to a standard interrogatory that asks a plaintiff to list their alleged sources of damages, the plaintiff alleges their income was reduced to only 60% of their regular earnings while recovering from injury. At first glance, it might seem like you can calculate the extent of the plaintiff’s alleged damages with no additional information—40% of their regular earnings. But to truly make this calculation, [...]
Partners Patrick G. Vipond and Michael L. Storey recently obtained a directed verdict at trial on behalf of an Iowa obstetrician. Plaintiff alleged that the obstetrician and a family medicine physician, who was represented by different counsel, failed to obtain informed consent when the obstetrician recommended that the diabetic mother proceed with a vaginal delivery for a baby with an estimated fetal weight of 10 pounds, 8 [...]
In the thirty years since the Supreme Court decided Daubert v. Merrill Dow Pharmaceuticals, the use of scientific evidence in the courtroom has produced much confusion. Although the scientific literacy of the judiciary has advanced considerably, the proper application of Daubert principles to expert testimony remains inconsistent. Federal Rule of Evidence 702 establishes the criteria for the admissibility of expert testimony. The Rule, however, has not been amended since [...]
Earlier this month, the United States Supreme Court held residents of nursing homes that receive Medicaid funding can sue in federal court to enforce rights granted to them by the Federal Nursing Home Reform Act (“FNHRA”). This decision significantly expands potential nursing home liability. In Health and Hospital Corporation of Marion County v. Talevski, the family of a nursing home resident suspected the resident was being chemically restrained when [...]
Due to the 2015 Supreme Court decision in Obergefell v. Hodges, marriage equality is now the law of the land. Same-sex couples now receive protections and rights that were previously only available to heterosexual couples, including an elective share of a spouse’s estate, homestead allowances, and numerous tax benefits. However, there are still issues and challenges that are unique to same-sex couples. Here at LDM, we recognize this and [...]
Andrew C. Johnson, Partner What is your definition of success? Success to me means finding happiness and fulfillment at work and at home. What's the most unique part about working at LDM? What has stood out to me most about LDM since joining this year is how engaged, thoughtful and hardworking the entire firm is. And, having so many knowledgeable, experienced attorneys to consult with in both Iowa [...]
A jury just came back. A fireman and his wife were awarded $7.6 million dollars in a medical malpractice lawsuit alleging a physician misdiagnosed a bacterial infection as an ankle sprain. The fireman alleged the misdiagnosis resulted in an eventual amputation of the lower portion of his leg. Until recently, there was a cap on non-economic damages in Florida. However, recently, the Florida Supreme Court threw out that [...]
Attorney Erin Artz presented at the Nebraska Business Development Center’s Minority Small Business Summit on June 8, 2023. This summit gives minority small business owners and entrepreneurs the chance to strategize network, participate in educational sessions, and connect to community resources. LDM was proud to sponsor this event which allowed everyone who attended a ticket at no charge. Erin gave an overview of the services LDM provides, how [...]
On June 8, 2023, Partner Craig Martin gave a presentation to the members of the Metro Omaha Builders Association (MOBA). Craig discussed how a construction contract is one of the best tools to get paid in full, and on time. He also talked about how contracts need to be reviewed from time-to-time and offered some tips on how to improve upon existing construction contracts.
Beginning in June, the final valuation for properties in Nebraska will be released. After the final valuation are released, the window for protesting the valuation begins and ends July 1st. The valuation of property is important to taxpayers because it is the bases that is used to determine a taxpayer’s property tax liability. This blog post will discuss the timeline of property taxes and what to do if you [...]
LDM is happy to welcome five new Law Clerks - Anna Clark, Darlene Gomez, Kendra Sparby, Kelsey Schott and Zoey Shipley. Anna and Darlene have joined the Omaha office and Kendra, Kelsey and Zoey are working at our West Des Moines location. We welcome them, and are thrilled to have all of them on our team. Five new clerks, four different schools, one common goal, pretty exciting times here [...]
Law Clerks Maddie Hasley and Spencer Mitchell graduated from UNL College of Law on Saturday, May 20th. Maddie graduated with distinction and was selected as a member of Order of the Barristers. Spencer graduated with high distinction and a pro bono certificate. Congratulations to both on this achievement!
Nebraska Supreme Court Clarifies Summary Judgment Procedure, Likely Relaxes Defendant Physicians’ Burden
In Clark v. Scheels All Sports, Inc., 314 Neb. 49 (2023), the Nebraska Supreme Court hinted a longstanding paradigm that governed summary judgment procedure in medical malpractice actions is likely no more. Before Clark, a defendant physician could prevail on summary judgment by preparing and submitting an affidavit that vouched for her or his care, after which the burden of proof shifted to the plaintiff to advance expert [...]
Partner Sean Minahan and attorney Olivia McDowell recently obtained summary judgment dismissal of a breach of contract action relating to custom oat baling work. LDM's clients, the plaintiffs, performed windrowing, raking, and baling of oats on the defendant's property pursuant to an oral agreement. Upon completion of the work, the defendant refused to pay for the custom baling. As a result, the plaintiffs brought suit for breach [...]
If you are a healthcare practitioner wondering if you will be sued someday, the numbers are in: According to a recent study, on average 7.4% of all physicians (regardless of specialty) had a medical malpractice claim annually. By age 45, 36% of physicians in low-risk specialties and 88% in high-risk categories had at least one such claim. By age 65 those numbers skyrocket: 75% of physicians in low-risk, [...]
Partner Jason C. Palmer recently presented on the basics of cargo claims under the Carmack Amendment to the Auto Owners Insurance Company. His presentation discussed the basics of Carmack claims and what constitutes “delivery” of cargo under Carmack. It also covered defenses to the Carmack Amendment including the “Savage” rule.
Attorneys Erin Artz and Olivia McDowell recently returned to their alma mater, Mercy High School, to speak with an Advanced Placement US Government class about law school, lawyering and how law firms work. They also had an opportunity to speak with students who expressed interest in joining the mock trial team, which Olivia McDowell will be coaching this upcoming year.
Patients who sue their healthcare providers in Iowa are required to file a certificate of merit from a qualified expert who attests the provider breached the standard of care. An Iowa statute requires them to file this certificate within sixty days of the provider’s answer, but before the start of discovery, or the patient’s case must be dismissed. The certificate of merit requirement has caused much consternation for [...]
A nurse practitioner (“NP”) is a type of Advanced Practice Registered Nurse (“APRN”). NPs are nurses with a graduate degree in advanced nursing. NPs are trained to diagnose illnesses, perform physical assessments, and prescribe medication (depending on state regulations) related to primary care and specialty services. This level of clinical judgment unfortunately opens the door for the medical malpractice lawsuits. The number of NPs in the U.S. has [...]