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