Latest News

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

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In an unpublished opinion, the Nebraska Court of Appeals recently remanded a case back to the trial court and ordered that the defendant be re-sentenced by a new judge.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

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

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

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

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

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

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

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

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

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

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

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

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)

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

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

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.

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

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, [...]

14 Jun, 2017

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

2018-07-11T18:17:15+00:00June 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

2018-07-11T18:17:15+00:00May 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

2018-07-11T18:17:15+00:00May 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

2018-07-11T18:17:15+00:00April 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”

2018-07-11T18:17:15+00:00April 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

2018-07-11T18:17:15+00:00April 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

2018-07-11T18:17:15+00:00April 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

2018-05-24T15:04:59+00:00April 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

2018-07-11T18:17:15+00:00April 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

2018-07-11T18:17:15+00:00April 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.

5 Apr, 2017

Dismissal of Suit Against Psychiatrists and Psychologists Affirmed by the Eighth Circuit Court of Appeals

2018-07-11T18:17:15+00:00April 5th, 2017|Latest News, News|

In January 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a lawsuit brought by a former mental patient against various mental health providers.  Jason W. Grams argued the appeal on behalf of five of the providers.  William M. Lamson, Jr. and Michael L. Storey orchestrated dismissal of the suit in the district court.  The Eighth Circuit affirmed the dismissal on qualified immunity and [...]

5 Apr, 2017

Patrick Vipond and Sarah Dempsey Obtain Summary Judgment Victory

2018-07-11T18:17:15+00:00April 5th, 2017|Latest News, News|

In March 2017, Patrick G. Vipond and Sarah M. Dempsey obtained a summary judgment order dismissing a medical malpractice action.  Mr. Vipond and Ms. Dempsey represented a hospital, a physician, and the physician’s medical practice in an action filed by a child and his family for medical malpractice.  Mr. Vipond and Ms. Dempsey were successful in arguing that the plaintiffs’ expert witness was not qualified to give an opinion that [...]

5 Apr, 2017

Courts Carve Up Absolute Pollution Exclusion Clause

2018-05-24T20:54:03+00:00April 5th, 2017|Midwest Insurance Law Guide|

SOME COURTS CONTINUE TO LIBERALLY INTERPRET CLAUSE IN INSURED'S FAVOR Forgive my absence Dear Readers.  Certainly you have missed our regular insurance lessons in this blog, yes?  Humor me please.  I have just come off two big trials since January.  One 6 day trial here in Omaha (defense verdict for our client!), and another trial which was to start in Oakland, CA for 6-8 weeks.  That case settled just before trial.  However I [...]

21 Mar, 2017

Lamson, Dugan & Murray Sponsors Creighton Law Review’s 2017 Symposium

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

The Creighton Law Review held its 2017 Symposium on Thursday, March 16.  Lamson, Dugan & Murray sponsored the event, which focused on The Lawyer’s Leadership Role: A Tour of Legal Ethics.  The speakers included Professor John McKay, Arnold J. Johnson, J. Scott Paul, and Adam White.  Over 300 attorneys attended the Symposium and a reception was held afterward to celebrate Creighton Law Review’s fiftieth anniversary.  Spencer Murphy, a former law [...]

7 Mar, 2017

Congratulations Anne Marie O’Brien and Daniel J. Hassing

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

In January 2017, Anne Marie O’Brien and Daniel J. Hassing received a defense verdict after a five day jury trial in Douglas County District Court.  The Plaintiff had sued under the Federal Employer’s Liability Act, a federal statutory scheme governing workplace injuries for railroad employees working in furtherance of interstate commerce.  The Plaintiff alleged that he had suffered whiplash injuries to his cervical spine when the locomotive he was sitting [...]

17 Jan, 2017

This Has Nothing To Do With Insurance

2018-05-24T20:56:33+00:00January 17th, 2017|Midwest Insurance Law Guide|

My daughter's TV show called Teachers is premiering tonight on TV Land at 9:00 CST. The Hollywood Reporter and other  TV Critics have given the show an A+. Katie O'Brien is the second from the right.  She is a writer, producer and star. CHECK IT OUT!!!      

9 Jan, 2017

Partner Anne Marie O’Brien Receives Outstanding Service Award

2018-07-11T18:17:15+00:00January 9th, 2017|Latest News, News|

Congratulations to Partner Anne Marie O’Brien who received the National Association of Railroad Trial Counsel (NARTC) Outstanding Service Award.  The award is designed to recognize members who provide exceptional and outstanding service to the NARTC.  Anne Marie is the current Vice-President of the Central Region.  She is a member of the NARTC Executive Committee, Future Planning Committee, Jury Instruction Committee, Site Selection Committee and Program Committee.  She is a faculty [...]

5 Jan, 2017

Subrogation Variations

2018-05-24T20:57:18+00:00January 5th, 2017|Midwest Insurance Law Guide|

My Dear Readers, you must all be wondering whether subrogation can arise in all insurance cases – and if so, how?  Those of you who are addicted to the drama of insurance coverage, you know the answers.  Don’t be shy.  But for the rest of us, a basic primer might be in order.  It’s the new year, so let’s refresh.   1.     Contractual Subrogation The parties agree that one [...]

6 Dec, 2016

Late Claim Notice Must Be Truly Prejudicial

2018-05-24T20:57:56+00:00December 6th, 2016|Claim Notice, Midwest Insurance Law Guide, Policy Defenses|

8TH CIRCUIT REJECTS "GOTCHA" POLICY CLAUSES.     In the new case of Century Surety Co. v. Jim Hipner LLC, et al, No. 15-2120 (8th Cir. Nov. 23, 2016) the insurer denied a policyholder's claim due to late notice.  The 8th Circuit panel chastised the insurer for its denial, stating that the insurance company was trying to have it both ways. What does this mean?  Well, Dear Readers, let's dive in and [...]

17 Nov, 2016

Insurance Cheaters Never Prosper

2018-05-24T20:58:49+00:00November 17th, 2016|Fire, Fraud, Midwest Insurance Law Guide|

SO SAYS THE 8TH CIRCUIT.   A new ruling from the 8th Circuit affirms what we all know to be true:  people who exaggerate their insurance claim losses should never be rewarded. But why is this new case interesting to us, Dear Readers?  Because the 8th Circuit refused to sever the claims that were untruthful from those that were truthful and rejected them all. Final score?   Insurance Carrier: 1   [...]

7 Nov, 2016

Partners Minahan and Trent-Vilim participate in Big-I Conference Mock Trial

2018-07-11T18:17:15+00:00November 7th, 2016|Latest News, News|

LDM Partners Sean Minahan and Cathy Trent-Vilim recently put on their ‘acting shoes’ to assist Nebraska insurance agents by participating in a mock trial at the Big-I conference in Kearney, Nebraska.  The mock trial, which was based on facts from former agent liability cases, was aimed at educating insurance agents on current E&O issues in the industry.  

25 Oct, 2016

Congratulations to Partner Cathy S. Trent-Vilim

2018-07-11T18:17:15+00:00October 25th, 2016|Latest News, News|

Ms. Trent-Vilim recently contributed two chapters to the updated Nebraska Appellate Practice Handbook: Chapter 18 (Writing Effective Briefs) and Chapter 20 (Creating an Effective Record for Appeal).  The 2016 Handbook, published by the Nebraska State Bar Association, is now available and may be obtained from the NSBA’s online store.  

19 Oct, 2016

Partner David Schmitt Admitted to The American Board of Trial Advocates

2018-07-11T18:17:15+00:00October 19th, 2016|Latest News, News|

The American Board of Trial Advocates, (ABOTA) has recently admitted Lamson Dugan & Murray, LLP partner, David Schmitt to its Nebraska chapter. The board is a national association of trial lawyers and judges committed to improving legal representation, promoting the art of advocacy and administering justice. Membership in the organization is by invitation-only and limited to trial attorneys, with extensive courtroom experience, who exhibit high personal character, an honorable reputation [...]

9 Oct, 2016

Railroad Coverage For More Flood Damage – Part two

2018-05-24T21:00:54+00:00October 9th, 2016|Flood, Midwest Insurance Law Guide, Property and casualty, Railroad endorsement|

Last time we visited on October 8, we were gripped by the fascinating 2nd Circuit holding in National Railroad Passenger Corp. (AMTRAK) v. Aspen Specialty Ins. Co., et al, No. 15-2358-cv, ___Fed. Appx.___ (2nd Circuit September 7, 2016).   Let's keep the story going.  What happened next? As we left our Amtrak heroes and heroines, they were trying desperately to bypass the $125 million flood sub-limit sinkholes which were found on a paper [...]

8 Oct, 2016

Railroad Coverage For More Flood Damage

2018-05-24T21:02:08+00:00October 8th, 2016|Flood, Midwest Insurance Law Guide, Property and casualty, Railroad endorsement|

After Super Storm Sandy flooded Amtrak’s tunnels under the East River, the passenger railroad sought to obtain coverage under a number of all risk policies in effect at the time.  It wasn’t just the obvious water damage to Amtrak’s property.  Amtrak also suffered from chloride (salt) erosion of its cement and steel after the waters were siphoned off.  This corrosion would necessitate replacing track infrastructure at great cost – even [...]

6 Oct, 2016

LDM Welcomes Four New Associates to the Firm

2018-07-11T18:17:15+00:00October 6th, 2016|Latest News, News|

Jessica L. Weborg is an associate in the Firm’s Litigation Department. Ms. Weborg received her Bachelor of Arts degree in Political Science, with honors, from the University of Montana.  She also interned for U.S. Senator Max Baucus at the U.S. Capitol and interned at his field office in Missoula, Montana.  Ms. Weborg received her law degree from Creighton University School of Law, cum laude. Spencer R. Murphy is an associate in the [...]

6 Oct, 2016

Partners Cathy S. Trent-Vilim and Patrick G. Vipond Obtain Summary Judgment

2018-07-11T18:17:15+00:00October 6th, 2016|Latest News, News|

Congratulations to LDM partners Cathy S. Trent-Vilim and Patrick G. Vipond, who recently obtained a summary judgment for their client.  The client, an insurance agency, was sued by a worker’s compensation insurer who alleged an insurance agent misrepresented material information on an insurance policy application.  The insurer alleged that had correct information been provided, the insurer would have never issued the worker’s compensation policy and would not have been required [...]

30 Sep, 2016

IRS Concession Regarding the Private Foundation/Self-Dealing Rules

2018-07-11T18:17:16+00:00September 30th, 2016|Latest News, News|

Bob Murray and Katie French of our office have just resolved a multi-million dollar case with the Internal Revenue Service in which the Service conceded the proposed imposition of excise taxes under I.R.C. § 4941(a)(1) and (b)(1). The case in point involved the early termination of a Charitable Remainder Unitrust (“CRUT”).  The IRS conceded the issue of self-dealing after the taxpayers demonstrated that they had followed the rationale of a [...]