Latest News

21 Sep, 2018

Lamson & Destache Trial Win

By |2018-09-21T08:06:32+00:00September 21st, 2018|Latest News|

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 [...]

19 Sep, 2018

Another Win For Partner Mark Novotny

By |2018-09-19T13:40:41+00:00September 19th, 2018|Latest News|

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!

14 Sep, 2018

Lamson Dugan & Murray Partners Among The Best In America

By |2018-09-14T11:25:46+00:00September 14th, 2018|Latest News|

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 [...]

10 Sep, 2018

Novotny & Dempsey – Case Dismissed

By |2018-09-10T17:45:32+00:00September 10th, 2018|Latest News|

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.

27 Aug, 2018

Nebraska Supreme Court Affirms LDM Client’s Trial Verdict

By |2018-08-27T08:50:44+00:00August 27th, 2018|Latest News, News|

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.  [...]

23 Aug, 2018

Trent-Vilim/Novotny Successful Summary Judgment Before the Nebraska Court of Appeals

By |2018-08-23T16:01:48+00:00August 23rd, 2018|Latest News|

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 [...]

22 Aug, 2018

Adam Feeney – NSBA Leadership Academy

By |2018-08-22T14:14:59+00:00August 22nd, 2018|Latest News|

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.

20 Aug, 2018

John Walker, a partner at Lamson Dugan & Murray LLP, had a case published in Probate & Property.

By |2018-08-20T14:58:10+00:00August 20th, 2018|Latest News|

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 [...]

20 Aug, 2018

Evolving Ag Landscape: Legal Implications of Aging Farmland Owners

By |2018-08-20T13:07:43+00:00August 20th, 2018|Farm Management, Midwest Agricultural Law, Succession and Estate Planning|

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 [...]

13 Aug, 2018

Lightening the Load: New Legislation to Alleviate Regulatory Burdens on Livestock Transportation

By |2018-08-13T16:21:34+00:00August 13th, 2018|Farm Management, Government Regulations, Midwest Agricultural Law|

                                    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 [...]

19 Jul, 2018

Disability Law: The Right to Visit Elderly or Disabled Relatives

By |2018-08-15T16:25:43+00:00July 19th, 2018|Appealing Litigation, Disability Law, Nebraska Litigation & Trial Advisor|

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 [...]

16 Jul, 2018

Civil Trial – Sarah Dempsey Presenting

By |2018-07-25T11:37:28+00:00July 16th, 2018|Latest News|

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.

27 Jun, 2018

Lawyers are Not Guarantors: Proving Causation in Legal Malpractice Cases

By |2018-08-13T14:48:39+00:00June 27th, 2018|Expert Witnesses, Legal Malpractice, Nebraska Litigation & Trial Advisor|

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 [...]

25 Jun, 2018

Defense Verdict!

By |2018-06-25T16:17:47+00:00June 25th, 2018|Latest News|

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.

21 Jun, 2018

Heirs or Errors to the Throne? The Importance of Thoughtful Business Entrance Planning

By |2018-07-03T14:51:57+00:00June 21st, 2018|Construction Contractor Advisor, Midwest Agricultural Law, Uncategorized|

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 [...]

21 Jun, 2018

Heirs or Errors to the Throne? The Importance of Thoughtful Business Entrance Planning

By |2018-06-21T12:00:30+00:00June 21st, 2018|Farm Management|

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 [...]

6 Jun, 2018

LDM Obtains Jury Verdict for Cattle Feeder

By |2018-06-12T12:49:21+00:00June 6th, 2018|Latest News|

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 [...]

5 Jun, 2018

Cathy Trent-Vilim – President of the Nebraska Defense Counsel Association

By |2018-06-05T18:11:30+00:00June 5th, 2018|Latest News|

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 [...]

18 May, 2018

LDM Obtains Successful Nebraska Court of Appeals Opinion

By |2018-07-11T18:15:58+00:00May 18th, 2018|Latest News, Uncategorized|

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.  [...]

14 May, 2018

French & McCoy – New Leadership Roles at OBA

By |2018-07-11T18:15:58+00:00May 14th, 2018|Latest News, Uncategorized|

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

10 May, 2018

Novotny/Dempsey Successful In Obtaining Summary Judgment

By |2018-07-11T18:15:58+00:00May 10th, 2018|Latest News, Uncategorized|

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 [...]

5 May, 2018

Thinking of Suing Your Client for Unpaid Fees? Think Twice.

By |2018-07-03T14:54:20+00:00May 5th, 2018|Ethics, Litigation Tips, Nebraska Litigation & Trial Advisor|

  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 [...]

10 Apr, 2018

OLPA Boss Of The Year Award!

By |2018-07-11T18:15:58+00:00April 10th, 2018|Latest News, Uncategorized|

It's our pleasure to announce that Cathy Trent-Vilim is the 2018 recipient of the Omaha Legal Professionals Association’s Boss of the Year Award! She will be recognized at the OLPA Annual Boss Appreciation and Officer Installment banquet on April 18, 2018. Please join us in congratulating her.

14 Mar, 2018

Trent-Vilim Finalist For Supreme Court

By |2018-07-11T18:15:58+00:00March 14th, 2018|Latest News, Uncategorized|

A judicial nominating commission selected four lawyers Monday as finalists to fill the vacancy on the Nebraska Supreme Court created by the sudden resignation of Judge Max Kelch. Cathy Trent-Vilim is a partner at Lamson, Dugan and Murray and one of the four candidates chosen.  Trent-Vilim is a 2002 graduate of the University of Nebraska College of Law and works in the areas of appellate litigation, commercial and insurance law and legal malpractice defense. [...]

13 Mar, 2018

Distinguished Nebraskalander Award

By |2018-07-11T18:15:58+00:00March 13th, 2018|Latest News, Uncategorized|

LDM would like to congratulate our very own E. Benjamin Nelson on receiving the Distinguished Nebraskalander Award on Saturday night in Lincoln. The dinner was held in the Capitol Rotunda.  The setting was beautiful and majestic, with art deco mosaics of Nebraska scenes over our heads and under our feet.  Governor Ricketts presented the award to Ben after the Legislative Resolution was read.  The Resolution, adopted by the Unicameral, cited [...]

7 Mar, 2018

Another Win For LDM

By |2018-07-11T18:15:59+00:00March 7th, 2018|Latest News, Uncategorized|

Dan Hassing, an associate in the firm, recently received a defense verdict after a one and one-half day jury trial in the Douglas County District Court.  The case involved a side-swipe car accident that occurred in Omaha.  Our client was travelling in the left lane of a two-lane street.  When our client sought to merge from the left lane into the right lane, our client hit a car that was [...]

27 Feb, 2018

Favorable Verdict in Auto Accident Defense Trial

By |2018-07-11T18:15:59+00:00February 27th, 2018|Latest News, Uncategorized|

Attorney Sarah Dempsey recently received a favorable verdict in an auto accident defense trial.  Ms. Dempsey’s client admitted liable for causing the accident.  The only remaining issue for trial was the amount of the plaintiff’s damages.  The plaintiff claimed she was injured in the accident and required medical treatment.  She wanted to hold Ms. Dempsey’s client liability for a spine surgery that occurred over three years after the accident in [...]

21 Feb, 2018

LDM Adds Another Lawyer to Those Admitted to United States Tax Court

By |2018-07-11T18:15:59+00:00February 21st, 2018|Latest News, Uncategorized|

LDM business and commercial trial lawyer Brian Brislen has been admitted to practice in the United States Tax Court.  Mr. Brislen joins Robert Murray, Dan Waters, Mark Novotny, Katie French and Joseph Borghoff as LDM lawyers admitted in the United States Tax Court.  Mr. Brislen is also admitted in Nebraska as well the United States District Court for the Districts of Nebraska, Colorado and the Southern District of Iowa, the [...]

21 Feb, 2018

Nebraska Court of Appeals Slogs Its Way Through the Jurisdictional Bog

By |2018-04-23T20:50:32+00:00February 21st, 2018|Appellate Work, Nebraska Litigation & Trial Advisor|

Almost two years ago I wrote about the "swamp" of appellate jurisdiction in family law cases.  Unfortunately, the statutes have gone unchanged, and so the appellate courts continue to slog their way through the swamp, trying to explain why one order by the court is not final and another one is.  It's a complicated dance. Just yesterday, in In re Interest of Jaydon W. & Ethan W., 25 Neb. App. [...]

12 Feb, 2018

LDM Secures Judgment of Nearly $2.2 Million in Litigated Joint Venture Business Dispute

By |2018-07-11T18:15:59+00:00February 12th, 2018|Latest News, Uncategorized|

LDM business and commercial trial lawyers Brian Brislen and Adam Feeney helped an LDM client obtain a judgment of nearly $2,200,000.  They represented the client at trial over three days in July of 2017, in a claim seeking payment of money owed after a nearly decade long farming operation ended.  The action sought to recover the full amount of the profits owed to LDM’s client, plus interest.  After the close [...]

7 Feb, 2018

Is Equal Always Fair? The Importance of Thoughtful Business Succession Planning

By |2018-07-03T14:57:00+00:00February 7th, 2018|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Originally submitted by Dan Waters, Attorney & Sean Minahan, Attorneys  Lamson, Dugan and Murray, LLP; Proud members of C2C in the LICA Contractor.  The issues and discussions addressed in the following apply equally to family farm succession planning as they do for succession planning of family owned contracting companies.   Christmas Dinner, 2042: Steve: Mike, pass the sweet potatoes. . . . Mike, I said pass the sweet potatoes! Mike:  [...]

26 Jan, 2018

Guarding Against Disability Discrimination Suits Arising from Employment

By |2018-04-23T20:51:39+00:00January 26th, 2018|Discrimination, Employment, Nebraska Litigation & Trial Advisor|

In hopes of leveling the playing field for individuals with disabilities seeking employment, the Americans with Disabilities Act (ADA) prohibits disability discrimination by employers with 15 or more employees with respect to terms, conditions, and privileges of employment. While the objective of this Act is admirable, employers are often apprehensive about interviewing and employing individuals who suffer from a “disability” (meaning a physical or mental impairment that substantially limits one or [...]

9 Jan, 2018

The Nebraska Court of Appeals Overturns Lenient Sentence of Sex Offender Where Trial Judge Cited Teenage Girls’ Promiscuity as Basis for His Sentence

By |2018-04-23T20:50:32+00:00January 9th, 2018|Nebraska Litigation & Trial Advisor|

In an unpublished opinion, the Nebraska Court of Appeals recently remanded a case back to the trial court and ordered that the defendant be re-sentenced by a new judge. The opinion arose out of the conviction of 21 year old Taylor W. Welty-Hackett ("Welty"). He pled no contest to attempted first degree sexual assault. The plea agreement stemmed from Welty's intercourse with a 12 year old girl -- who he claimed said she [...]

3 Jan, 2018

Judgment In Excess of $5,800,000

By |2018-07-11T18:15:59+00:00January 3rd, 2018|Latest News, Uncategorized|

Kyle Wallor, a Partner in our Litigation Department, successfully secured a summary judgment in excess of $5,800,000 in the United States District Court for the Northern District of Illinois.  The client initiated suit asserting breach of fiduciary duty, breach of contract, conversion, money had and received, an action for an accounting and piercing the corporate veil against a vendor.  The vendor contested all claims, largely on the basis this was [...]

27 Dec, 2017

Defense Verdict

By |2018-07-11T18:17:14+00:00December 27th, 2017|Latest News, News|

Congratulations to Bill Lamson and Denise Destache on a recent defense verdict.  The case involved a shoulder surgery with subsequent complications.  However, following three and a half days of testimony, it took an Omaha jury less than an hour to return a verdict in favor of our defendant physician in a case tried in Douglas County District Court.  

14 Dec, 2017

You did what?! Five Lessons for What to Do – and Not Do – As an Attorney

By |2018-04-23T20:50:32+00:00December 14th, 2017|Ethics, Litigation Tips, Nebraska Litigation & Trial Advisor|

When you practices in the area of legal malpractice defense, you get to see all of the creative ways attorneys get themselves in trouble, or find themselves on the receiving end of a malpractice suit or disciplinary proceedings. Most recently, I came across the story of an Ohio attorney who was indefinitely suspended by the Ohio Supreme Court after being convicted of unauthorized use of his client's property (a fourth degree [...]

5 Dec, 2017

Losing the Battle Before It Has Even Begun: Preserving Your Appellate Record

By |2018-04-23T20:50:32+00:00December 5th, 2017|Appellate Work, Nebraska Litigation & Trial Advisor|

Today, in its only published opinion (a 35-pager to boot), the Nebraska Court of Appeals reminded attorneys of the importance of preserving your trial court record for appellate review.  That constitutional argument, no matter how brilliant, will mean nothing unless you raise it at the trial court level, and give the trial court an opportunity to pass judgment on it. Also, if evidence is excluded, and you believe the exclusion [...]

29 Nov, 2017

Lamson, Dugan & Murray Named Best Law Firms 2018 Edition of U.S. News – Best Lawyers

By |2018-07-11T18:17:14+00:00November 29th, 2017|Latest News, News|

Lamson, Dugan & Murray is pleased to announce that the Firm was recently selected by our clients and peers for inclusion in The Best Law Firms 2018 Edition of U.S. News - Best Lawyers®. The Firm was selected "Best Law Firms" in the following practice areas: Metropolitan Tier 1 Omaha • Commercial Litigation • Litigation - Regulatory Enforcement (SEC, Telecom, Energy) • Medical Malpractice Law - Defendants • Personal Injury [...]

13 Nov, 2017

Turning Friends into Foes: Legal Fallout from Monsanto’s Dicamba

By |2018-04-23T18:22:19+00:00November 13th, 2017|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Government Regulations, Midwest Agricultural Law|

Monsanto's dicamba has turned friendly neighbors into legal foes due to crops damaged by dicamba's inability to stay where it is supposed to be.   With the soybean harvest basically complete, we are seeing more and more claims filed and litigation initiated.  Farmers are calculating the effect that dicamba applied by a neighbor may have had on their fields. States like Arkansas, Minnesota, North and South Dakota, Tennessee and Indiana are [...]

9 Nov, 2017

Preparing for the Future: Estate Planning for Parents of Children with Disabilities

By |2018-04-23T20:51:39+00:00November 9th, 2017|Nebraska Litigation & Trial Advisor, Transactional|

Parents of special needs children must be cognizant of special considerations in virtually every area of life. Estate planning is no exception. The stringent eligibility requirements of SSDI/SSI and Medicaid/Medicare make the child’s continued eligibility a paramount concern when determining the child’s inheritance. Even if the child is currently employed and not eligible for disability benefits due to the child’s income, parents must evaluate how long the child will be [...]

21 Oct, 2017

“Nebraska Nice”? Some Say Not As Friendly As Before

By |2018-04-23T20:50:32+00:00October 21st, 2017|In-House Counsel, Nebraska Litigation & Trial Advisor, Tort Reform|

If you track the periodic Lawsuit Climate Survey, published by the U.S. Chamber of Commerce’s Institute for Legal Reform, you know the 2017 rankings were issued last month.  The 2017 Survey constitutes the 11th fielding of the survey since the Institute for Legal Reform first began conducting its survey in 2002. The Survey This year’s survey was based on telephone and online surveys of 1,321 in-house counsel, senior litigators or [...]

10 Oct, 2017

Best Lawyers in America Named

By |2018-07-11T18:17:14+00:00October 10th, 2017|Latest News, News|

Best Lawyers in America has named ten Lamson, Dugan & Murray LLP attorneys as "Lawyer of the Year” in The Best Lawyers in America 2018 Edition. The recognition of "Lawyer of the Year" 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. Bet-The-Company Litigation William [...]

7 Oct, 2017

Nebraska’s Summary Judgment Statute Gets A Facelift

By |2018-04-23T20:50:32+00:00October 7th, 2017|Motion Practice, Nebraska Litigation & Trial Advisor|

One of the challenges of being an attorney is keeping up on the law. Not the case law –the Nebraska Court of Appeals and Supreme Court publish their opinions weekly, here and here.  The day before the opinions are published, they even post advanced notice of their anticipated opinions, here and here. To make sure you don’t miss out on new developments, the Courts will even send you a list [...]

25 Sep, 2017

Partner Chesire Speaks of His Experience Growing Up at Father Flanagan’s Boys Town

By |2018-07-11T18:17:15+00:00September 25th, 2017|Latest News, News|

Daniel P. Chesire, who was featured in the September 15th edition of the Catholic Voice, speaks of his time growing up at Boys Town.  He is a current member of the Father Flanagan League Society of Devotion which is working on Father Flanagan’s cause for sainthood.  Dan spent about 11 years growing up at Boys Town with his brothers.  The home for boys, and now girls, provided a safe place [...]

21 Sep, 2017

LDM Partners Litigate Tax Savings for Client

By |2018-07-11T18:17:15+00:00September 21st, 2017|Latest News, News|

Partners Mark Novotny and John Walker have recently been able to obtain tax exempt status for a large client in the State of Tennessee despite aggressive opposition by the Tennessee Department of Revenue.  Proceeding administratively and on appeal, these attorneys were instrumental in having a Tennessee court adopt the position proffered on behalf of our client.   This result follows similar proceedings in a half dozen other states granting similar tax [...]

27 Jul, 2017

Partner John Walker admitted into the Federation of Defense & Corporate Counsel (FDCC)

By |2018-07-11T18:17:15+00:00July 27th, 2017|Latest News, News|

Congratulations to John Walker on his admission to the Federation of Defense & Corporate Counsel.  FDCC membership is limited, selective, about 1,400 members, and by nomination only of lawyers who have distinguished themselves professionally, who are of high professional standing and of good moral character.  Members are: practicing lawyers who devote a substantial amount of their professional time to the representation of insurance companies, associations or other corporations, or others, [...]

25 Jul, 2017

Partner Mark Novotny Obtains Defense Verdict in Medical Malpractice Case

By |2018-07-11T18:17:15+00:00July 25th, 2017|Latest News, News|

The litigation team of Mark Novotny, Nancy Pont and Shelli Eden, after a two week trial, obtained a defense verdict after one and one-half hours of jury deliberations. The case was a complicated matter dealing with the effect of anticoagulation medication in a patient with chronic atherosclerotic vessel disease, diabetes, elevated PSA and a fem-pop venous graft.

6 Jul, 2017

LDM Partners Successfully Defend Medical Malpractice Damages Cap

By |2018-07-11T18:17:15+00:00July 6th, 2017|Latest News, News|

LDM partners Bill Lamson, Bill Settles, and Jason Grams recently won an important victory for health care providers in the United States Court of Appeals for the Eighth Circuit. The case involved a claim of medical malpractice made against a midwife and local hospital by the parents of a neurologically injured child.  After a jury verdict of $17 million, the trial court reduced the verdict to $1,750,000 pursuant to Nebraska’s [...]

20 Jun, 2017

Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

By |2018-04-23T18:22:19+00:00June 20th, 2017|Bond Claims, Breach of Contract, Construction Claims, Construction Contractor Advisor, Construction Law, Government Contracting, Lien Rights, Midwest Agricultural Law, Nebraska Construction, Payment Bond|

Holding the Bag According to a quick Google search the term "holding the bag" comes from the mid eighteenth century  and means be left with the onus of what was originally another's responsibility.  Nobody wants to be left holding the bag.  But that is the situation our client (subcontractor) found themselves in when upon completion of a public project the general contractor went out of business before paying [...]

15 Jun, 2017

Kyle Wallor and Michael L. Storey Present to the Association of American Railroads (“AAR”) Claims School

By |2018-07-11T18:17:15+00:00June 15th, 2017|Latest News, News|

The Association of American Railroads (“AAR”) held its 2017 Advanced Claims School in Overland Park, Kansas from Monday, May 8, 2017 through Friday, May 12, 2017.  This week long school provided educational and training opportunities for AAR claims professionals with three (3) or more years of experience in the railroad industry.  Several presenters were invited to teach courses to advance the skills and knowledge of claims representatives from varying railroads, [...]