Latest News

16 Jul, 2018

Civil Trial – Sarah Dempsey Presenting

By | 2018-07-16T13:03:58+00:00 July 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.  For more information please go to www.nbi-sems.com.

27 Jun, 2018

Lawyers are Not Guarantors: Proving Causation in Legal Malpractice Cases

By | 2018-07-03T12:57:01+00:00 June 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+00:00 June 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+00:00 June 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 [...]

6 Jun, 2018

LDM Obtains Jury Verdict for Cattle Feeder

By | 2018-06-12T12:49:21+00:00 June 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+00:00 June 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+00:00 May 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+00:00 May 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+00:00 May 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+00:00 May 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+00:00 April 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+00:00 March 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+00:00 March 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+00:00 March 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+00:00 February 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+00:00 February 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+00:00 February 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+00:00 February 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+00:00 February 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+00:00 January 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+00:00 January 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+00:00 January 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+00:00 December 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+00:00 December 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+00:00 December 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+00:00 November 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+00:00 November 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+00:00 November 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+00:00 October 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+00:00 October 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+00:00 October 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+00:00 September 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+00:00 September 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+00:00 July 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+00:00 July 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+00:00 July 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+00:00 June 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+00:00 June 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, [...]

14 Jun, 2017

LDM Summary Judgment Motion on One Case Prompts Voluntary Dismissals with Prejudice in Two Cases

By | 2018-07-11T18:17:15+00:00 June 14th, 2017|Latest News, News|

LDM partners Cathy S. Trent-Vilim and Daniel P. Chesire recently obtained a victory for their client – without conducting any discovery in the case and short of obtaining a ruling from the court on the client’s pending motion for summary judgment.  The case involved a claim brought by an injured party, individually and as personal representative of the spouse’s estate, related to injuries from a fire. The accidental fire killed [...]

16 May, 2017

Bill Lamson and Denise Destache Successful in Obtaining Unanimous Defense Verdict

By | 2018-07-11T18:17:15+00:00 May 16th, 2017|Latest News, News|

More Congratulations!  Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April.  Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages.  However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet [...]

10 May, 2017

Nebraska Supreme Court Affirms Jury Verdict Obtained by Lamson Dugan Team

By | 2018-07-11T18:17:15+00:00 May 10th, 2017|Latest News, News|

On May 5, the Nebraska Supreme Court affirmed the jury verdict in favor of Union Pacific in Winder v. Union Pacific, a case tried by Anne Marie O’Brien, Daniel J. Hassing, and Andrew Reinhart.  The Lamson Dugan team defended Union Pacific in the seven-day jury trial that focused on whether an allegedly inoperative handbrake violated the Federal Safety Appliance Act and caused or contributed to Kevin Winder’s injuries.  The Lamson [...]

26 Apr, 2017

Partner David J. Schmitt Inducted Into the American Board of Trial Advocates

By | 2018-07-11T18:17:15+00:00 April 26th, 2017|Latest News, News|

Congratulations to David J. Schmitt who was inducted as a member of the Nebraska Chapter of the American Board of Trial Advocates (ABOTA).  According to its mission, ABOTA members are attorneys who display skill, civility and integrity.  Membership is by invitation only, after ballot and restricted to trial lawyers who are of high personal character and honorable reputation.  In addition, ABOTA members are required to compile a requisite number of [...]

26 Apr, 2017

Nelly Greenberg Serves as Panelist in the UNO “Success Series: Life as a Lawyer”

By | 2018-07-11T18:17:15+00:00 April 26th, 2017|Latest News, News|

Attorney Nelly Greenberg was a panelist in University of Nebraska Omaha (UNO)’s “Success Series: Life as a Lawyer.”  The “Success Series” is a career exploration program that offers ways for students to explore different occupations and career paths.  Nebraska Law alumni participated in the panel discussion to help students interested in pursuing law school understand what various practice areas are like, what lawyers do, what a typical day or week [...]

26 Apr, 2017

Legal Administrative Assistant Named Legal Professional of the Year

By | 2018-07-11T18:17:15+00:00 April 26th, 2017|Latest News, News|

Congratulations to Laura Cejka who was name Legal Professional of the Year by the Omaha Legal Professionals Association.  Laura has been at Lamson, Dugan & Murray for two years and she was nominated for her hard work and dedication not only to her attorneys and our Firm, but the legal profession as a whole.  Partner Cathy Trent-Vilim who nominated Laura said “she is proactive, conscientious and genuinely cares about doing the [...]

23 Apr, 2017

Bill Lamson and Denise Destache Successful in Obtaining Unanimous Defense Verdict

By | 2018-07-11T18:17:15+00:00 April 23rd, 2017|Latest News, News|

More Congratulations!  Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April.  Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages.  However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet [...]

20 Apr, 2017

Underinsured Motor Coverage Is Not Like An Excess Policy

By | 2018-05-24T15:04:59+00:00 April 20th, 2017|Midwest Insurance Law Guide, Underinsured motorists coverage|

My Dear Readers:  a query. Do you really understand underinsured motorists coverage? If not, you are much like the Williams family.  They sought to collect money from their automobile insurer after the death of their daughter in an auto accident caused by Myers.   Their insurer denied the claim, even though the Williams paid for and expected this coverage to make up the difference in damages. Does this sound fair? It [...]

7 Apr, 2017

Trial Dismissal Affirmed on Appeal

By | 2018-07-11T18:17:15+00:00 April 7th, 2017|Latest News, News|

Congratulations to Brian J. Brislen, Sarah F. Macdissi, Cathy S. Trent-Vilim and Spencer R. Murphy on their win at the trial court level and affirmance by the Nebraska Court of Appeals.  Brian and Sarah succeeded in getting the suit, premised upon an unenforceable non-compete agreement, dismissed at the trial court level.  On appeal, Cathy and Spencer succeeded in getting the trial court’s ruling summarily affirmed on grounds that the plaintiff’s [...]

7 Apr, 2017

Trial Win Preserved on Appeal

By | 2018-07-11T18:17:15+00:00 April 7th, 2017|Latest News, News|

A team of LDM partners worked together to obtain a successful outcome of a case at the trial court level, and then to protect the win on appeal.  Patrick G. Vipond obtained a dismissal at the trial court level; Brian J. Brislen wrote a winning appellate brief; and Cathy S. Trent-Vilim argued the appeal to the Nebraska Supreme Court.