Latest News

9 May, 2022

Iowa’s Certificate of Merit Statute Has Teeth

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

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

4 May, 2022

Five Do’s and Don’ts of Deposition Preparation

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

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

2 May, 2022

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

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

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

27 Apr, 2022

Beware of Waiving Your Arbitration Rights Through Your Conduct

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

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

25 Apr, 2022

Nebraska Supreme Court Puts the Brakes on the Continuous Treatment Doctrine

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

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

21 Apr, 2022

Whose Opinions Can You Share to Establish the Standard of Care

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

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

18 Apr, 2022

Hassing Secures Summary Judgment for Greater Nebraska Health Club

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

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

15 Apr, 2022

The Department of Labor is Updating Davis Bacon Prevailing Wage Regulations

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

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

6 Apr, 2022

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

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

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

5 Apr, 2022

A Cautionary Tale

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

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

5 Apr, 2022

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

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

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

4 Apr, 2022

Hassing and Novotny Secure Summary Judgment on Professional Negligence Claim

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

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

23 Mar, 2022

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

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

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

22 Mar, 2022

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

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

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

15 Mar, 2022

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

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

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

14 Mar, 2022

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

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

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

4 Mar, 2022

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

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

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

28 Feb, 2022

Attorney Lily Ealey – Coach and Mentor

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

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

23 Feb, 2022

Modifications and Release Agreements in Construction Contracts

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

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

16 Feb, 2022

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

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

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

16 Feb, 2022

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

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

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

8 Feb, 2022

Biden Signs Executive Order Requiring Project Labor Agreements

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

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

4 Feb, 2022

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

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

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

4 Feb, 2022

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

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

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

4 Feb, 2022

The Importance of Securing Medical Records Before Taking a Plaintiff’s Deposition

2022-02-04T17:11:08-06:00February 4th, 2022|Transportation Law|

In a personal injury case it is important to secure all of the plaintiff’s medical records before taking a plaintiff’s deposition. Medical records are important to determine the nature and extent of the claimed injury. Reviewing medical records in detail will provide insight whether a plaintiff complained of the same or similar conditions before the subject incident. Medical records typically contain a patient’s history, including the date of onset and [...]

4 Feb, 2022

Deposing a Plaintiff in FELA Toxic Actions

2022-02-04T17:09:47-06:00February 4th, 2022|Transportation Law|

Railroad workers are filing FELA lawsuits against their former employers claiming they were exposed to alleged toxic substances during their railroad careers which caused them to develop cancer. Most of the plaintiffs are retired and developed cancer late in their lives. They claim their railroad employment from decades earlier is responsible. It is important when taking a plaintiff’s deposition in a toxic tort action to have the plaintiff be specific [...]

31 Jan, 2022

Attorney Lily Ealey – Newly Elected to the Santa Monica House Board of Directors

2022-01-31T16:54:11-06:00January 31st, 2022|Latest News|

Lamson Dugan & Murray attorney Lily Ealey was recently appointment to the Santa Monica House Board of Directors.  The Santa Monica House was the first halfway house in Omaha, Nebraska, designed exclusively for women.  Since 1972, it has administered a caring, comprehensive program for women who desire to live without the burden of addiction.

31 Jan, 2022

Attorneys Nichole Bogen and Lily Ealey Publish Employment Law Article in the November / December 2021 The Nebraska Lawyer Magazine

2022-01-31T16:47:15-06:00January 31st, 2022|Latest News|

LDM Attorneys Nichole Bogen and Lily Ealey published an article in the November/December 2021 Nebraska State Bar Association publication, The Nebraska Lawyer.  The article featured is titled, "Help! My Client Received a Charge of Discrimination from the Nebraska Equal Employment Opportunity Commission." Nichole Bogen is a partner in the Lamson Dugan & Murray Lincoln office.  She has represented clients in federal and state courts involving railroad and [...]

25 Jan, 2022

COVID-19 and Force Majeure Clauses

2021-12-30T13:51:35-06:00January 25th, 2022|Construction Contractor Advisor, COVID-19, Force Majeure|

The resurgence of COVID-19 has increased the importance of force majeure clauses in construction contracts. Here are some things to consider for your force majeure clause. Effect of Force Majeure Clause Force majeure clauses seek to excuse the nonperformance of a party. A party is no longer obligated to perform when an event expressed in the force majeure clause occurs, and the event is the cause of the party’s inability [...]

11 Jan, 2022

What you need to know about Indemnification Clauses

2021-12-30T13:46:56-06:00January 11th, 2022|Construction Contractor Advisor, Construction Contracts, Indemnity clauses|

Construction projects are risky, and parties allocate risk to reduce their own liabilities. Indemnification clauses shift risk from one party to another, but they come in may shapes and sizes. Therefore, it is important to read yours carefully. Terminology and Effect of Indemnification An “indemnitor” promises to compensate an “indemnitee” for injury or loss that the indemnitee incurs. Subcontractors are typically indemnitors that promise to “indemnify” the general contractor for [...]

28 Dec, 2021

LDM Attorneys Ring in the Holidays Right for the Salvation Army

2021-12-28T08:19:23-06:00December 28th, 2021|Latest News|

Lamson Dugan & Murray attorneys helped those in need by participating in the Salvation Army’s Red Kettle Collection bell ringing campaign on December 23, 2021. The Salvation Army of Omaha serves the greater Omaha metropolitan area from feeding programs and homelessness prevention to mental health and older adult services. The Red Kettle Collection bell ringing campaign is a great way to volunteer and help those in need in the [...]

21 Dec, 2021

LDM Attorneys and Staff Spread Holiday Cheer at the Siena Francis House

2021-12-21T12:11:03-06:00December 21st, 2021|Latest News|

Lamson Dugan & Murray attorneys and staff spread some holiday cheer by volunteering to serve dinner at the Siena Francis House in Omaha, Nebraska, on December 20, 2021.  The Siena Francis House was founded in 1975.  It provides shelter, food, clothing and other emergency services to individuals experiencing homelessness. The Siena Francis House also provides on-site, Permanent Supportive Services for formerly homeless, disabled persons, as well as [...]

20 Dec, 2021

OSHA’s Vaccine Rule—Reinstated

2021-12-20T09:12:55-06:00December 20th, 2021|Construction Contractor Advisor, COVID Employment, COVID-19, OSHA|

The tug-of-war on vaccination continues.  On December 17, 2021, a federal appellate court lifted the stay on OSHA’s emergency temporary standard requiring employers with 100 or more employees to ensure employees are vaccinated or are testing regularly.  The appellate court’s decision was immediately appealed to the U.S. Supreme Court. What does this mean for employers? OSHA’s emergency temporary standard (ETS) requiring vaccinate or testing and masking is now in place, [...]

10 Dec, 2021

Judicial Response to COVID-19 – UPDATES x16

2021-12-10T10:45:09-06:00December 10th, 2021|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

10 Dec, 2021

Federal Contractor COVID Vaccine Mandate Stayed

2021-12-09T08:23:59-06:00December 10th, 2021|Associated Builders and Contractors, Construction Contractor Advisor, COVID Construction|

On December 7, 2021, a federal judge in Georgia issued a nationwide injunction preventing the Biden administration’s Covid – 19 vaccine mandate for federal contractors from going into effect.  The injunction will remain in place until the court reaches a final decision on the matter, which could take several months. In ruling in favor of the various states that filed the lawsuit, the court found that President Bidens’s Administration likely [...]

22 Nov, 2021

Catherine French McGill – Appointed to the Salvation Army of Omaha’s Advisory Board

2022-01-31T16:48:37-06:00November 22nd, 2021|Latest News|

Congratulations to LDM Partner Catherine French McGill for being appointed to the Salvation Army of Omaha’s Advisory Board. The Salvation Army of Omaha serves the greater Omaha metropolitan area through its multiple worship centers and service locations, from feeding programs and homelessness prevention to mental health and older adult services. See the announcement.

25 Oct, 2021

Does It Come Furnished: Are Center Pivots Fixtures or Real Property?

2021-10-25T14:13:55-05:00October 25th, 2021|Agriculture, Farm Management, Midwest Agricultural Law|

  Central pivot irrigation systems are vitally important in Nebraska.  Not only is Nebraska the most irrigated state in the U.S., it is also the largest producer/user of center pivot systems in the world.[1] For Nebraska farmers and legal practitioners alike, it may be important to understand how center pivot systems are classified when either buying, selling, or assessing, for taxation purposes, farmland that utilizes a center pivot irrigation system. [...]

15 Oct, 2021

The COVID Mandate FAR Clause

2021-10-15T11:23:12-05:00October 15th, 2021|Construction Contractor Advisor|

The New FAR clause is out and the federal government is issuing amendments/modifications of contract notices on federally funded project.  For those of you new to this discussion, please check out our earlier blog on the new vaccine mandate.  As we warned you earlier, the federal government is now amending contracts to require all employees working on the federally funded project to be vaccinated.  There is no carve out for [...]

29 Sep, 2021

New Guidance on COVID-19 Vaccine Mandate for Federal Contractor

2021-09-29T15:23:40-05:00September 29th, 2021|Construction Contractor Advisor, COVID Construction, COVID-19, Vaccination|

The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor.  The Guidance explains which contracts are covered, which employers are covered and the COVID-19 vaccination requirements for covered employees.  Below are answers to common questions about the Guidance. When will the Vaccine Mandate start? Government agencies will begin implementing the new requirements during the [...]

28 Sep, 2021

Andrew Huber – 2021 Great Plains Rising Star

2021-09-29T09:12:15-05:00September 28th, 2021|Latest News|

Congratulations to attorney Andrew Huber for being selected to the 2021 Great Plains Rising Stars list. This honor is reserved for those lawyers who exhibit excellence in the practice of law.  Only 2.5% of attorneys in Great Plains receive this distinction. Congratulations Andrew!

27 Sep, 2021

Iowa Citizens for Community Improvement v. State of Iowa

2021-09-27T15:14:34-05:00September 27th, 2021|Latest News|

Two social justice organizations, Iowa Citizens for Community Improvement (ICCI) and Food and Water Watch (FWW) have been seeking to compel the State of Iowa to enact legislation that would require farmers to adopt measures that would reduce levels of nitrogen and phosphorus in the Raccoon River. ICCI and FWW allege that farmers contribute to the toxins in the Raccoon River when they use fertilizer and manure on crops, which [...]

22 Sep, 2021

The worst $333 never spent and the continuation of the common fund doctrine.

2021-09-23T10:19:15-05:00September 22nd, 2021|Appealing Litigation, Nebraska Litigation & Trial Advisor|

The common fund doctrine is alive and well in Nebraska, according to the Nebraska Supreme Court.  In Hauptman, O’Brien v Auto-Owners Ins. Co., 310 Neb. 147, - - N.W.2d - - (September 17, 2021), an injured plaintiff’s law firm sued Auto-Owners, the plaintiff’s automobile insurer. The insurer refused to reduce its $1,000 medical payment subrogation interest pursuant to the common fund doctrine. Standard Practice The common practice in Nebraska is [...]

15 Sep, 2021

Biden Executive Orders Mandates Vaccines for Federal Contractors

2021-09-13T17:39:11-05:00September 15th, 2021|Construction Contractor Advisor, COVID-19, Federal Construction Projects, Government Regulations|

On September 9, 2021, the Biden Administration issued an Executive Order “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” While the details are not entirely clear, it appears that in the next few weeks, federal contractors will have to provide evidence of vaccination of their employees working on federal projects. Implementation The Safer Federal Work Task Force has been directed by Executive Order to issue guidelines by September 24, 2021, [...]

25 Aug, 2021

Best Lawyers In America 2022

2021-08-25T14:25:51-05:00August 25th, 2021|Latest News|

Lamson Dugan & Murray LLP is proud to announce that 15 of their attorneys have been recognized in the 28th 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 William R. Settles Bet-the-Company Litigation William M. Lamson, Jr Closely Held Companies and Family Businesses Law [...]

25 Aug, 2021

Daniel Waters – Presenter at the Ag Law Summit

2021-08-25T13:32:21-05:00August 25th, 2021|Latest News|

Daniel Waters, Partner at Lamson Dugan & Murray LLP, will be presenting at the Ag Law Summit: Law, Tax, and Regulation in America on Friday, September 3, 2021 at Mahoney State Park in Ashland, Nebraska. Mr. Waters will be presenting on Farm Succession and Continuity Planning. His presentation will discuss the challenges of transitioning an agricultural business across multi-generations. This event is hosted by the Washburn University School of Law. [...]

10 Aug, 2021

Judicial Response to COVID-19 – UPDATES x15

2021-12-10T10:49:37-06:00August 10th, 2021|COVID Court, COVID-19|

Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States.  Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure.  This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time.  Varying regulations have been put into [...]

4 Aug, 2021

Just say no to drugs?  How Iowa law requires extraordinary efforts by employers to enforce a drug testing policy

2021-07-31T07:14:46-05:00August 4th, 2021|Construction Contractor Advisor|

The illegal use of drugs by employees presents a host of issues for employers – from safety to work place errors to morale.  A well thought out and written drug testing policy has been a key tool in an employer’s tool box to manage its workforce and to prevent potentially catastrophic results from illegal drug use at work.  However, at least in Iowa, the task of creating and complying with [...]

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