All Posts

11 Apr, 2023

Mark E. Novotny and Olivia R. McDowell Obtain Dismissal of Medical Malpractice Lawsuit

2023-06-23T12:42:31-05:00April 11th, 2023|Latest News|

Partner Mark Novotny and Attorney Olivia McDowell recently obtained a dismissal of a medical malpractice lawsuit against a physician arising out of allegations of misdiagnosis. Key to the success was an understanding and analysis of the Nebraska Rules of Civil Procedure for amendments of pleadings. The plaintiffs sought leave to amend their previously filed complaint to add a hospital as a party defendant but failed to request [...]

5 Apr, 2023

LDM Expands Firm with the Addition of Jack L.C. Pietig

2023-04-05T11:04:21-05:00April 5th, 2023|Latest News|

Lamson Dugan & Murray LLP welcomes attorney Jack L.C. Pietig. Jack Pietig is a litigation associate at LDM’s West Des Moines office. Prior to joining the Firm, Jack worked as a law clerk for Justice Matthew McDermott of the Iowa Supreme Court during the 2020–21 term. As a law clerk, he drafted language for judicial opinions and conducted research memorandum on a wide array of legal issues. Jack [...]

4 Apr, 2023

Selecting the Right Arbitrator for Your Case

2023-06-28T11:33:22-05:00April 4th, 2023|Arbitration, Construction Contractor Advisor, Construction Industry, Construction Law, Nebraska Construction Law|

Maybe you have negotiated with your counterpart to include an arbitration provision in your construction contract or picked up a form contract that selects arbitration as the method of dispute resolution. Regardless of the circumstances, when the time and need for arbitration comes, the big question remains, who will be the arbitrator(s) tasked with the fate of my case, my client, my company or my project?When it comes down to [...]

4 Apr, 2023

Jason C. Palmer Presented to the Iowa Communities Assurance Pool

2023-04-04T08:52:43-05:00April 4th, 2023|Latest News|

Partner Jason C. Palmer recently presented to the Iowa Communities Assurance Pool (ICAP) on the “Logistics of Staffing and Critical Incident Response in Jails.” This live discussion covered the logistics of staffing and its direct impact on routine operations, management of inmates and critical incident response. Jason also discussed the related potential for liability and litigation as relates to jail operations. ICAP provides property and casualty coverage to [...]

31 Mar, 2023

2023 Changes in Crop Insurance: Second Chance If You Forget to Identify a SBI

2023-04-04T12:52:39-05:00March 31st, 2023|Agriculture, Crop Insurance, Latest News|

How did I forget? Back in August 2022 the Federal Crop Insurance Corporation (FCIC) released revisions to the Rainfall Index Common Policy, Basic Provisions which became effective on January 1, 2023.  The changes included revising certain definitions to match those of the Common Crop Insurance Policy and adding a 30-day deadline to appeal a determination of good farming practice. Furthermore, the FCIC added a provision which would allow [...]

30 Mar, 2023

Life at LDM | Attorney Spotlight, William R. Settles

2023-03-30T14:50:07-05:00March 30th, 2023|Latest News, Life at LDM|

William R. Settles, Partner Describe your career trajectory Until my junior year in college, I thought I was going to be a doctor. Once I recognized my aversion to blood and sick people, I needed something different to do. I tagged along with my roommate to a moot court presentation and found I really enjoyed it. Two years later I was a first-year law student at Notre Dame [...]

30 Mar, 2023

Mark E. Novotny and Anne Marie O’Brien Approved by the Financial Industry Regulatory Authority (FINRA) to Serve as Qualified Arbitrators

2023-03-30T10:21:50-05:00March 30th, 2023|Latest News|

Partners Mark E. Novotny and Anne Marie O’Brien have been approved by the Financial Industry Regulatory Authority (FINRA) to serve as qualified arbitrators for deciding disputes. Mr. Novotny and Ms. O’Brien underwent extensive background checks, interviews, training, and testing to become qualified FINRA arbitrators. FINRA arbitrators are independent and are chosen to hear disputes and issue final, binding decisions. FINRA provides an arbitration forum, pursuant to rules [...]

29 Mar, 2023

Iowa Supreme Court Resolves Ambiguity in the State’s Certificate of Merit Statute

2023-03-29T14:40:07-05:00March 29th, 2023|LDM MedMal Forum|

  Just under six years have passed since Iowa enacted its medical malpractice certificate of merit requirement, codified at Iowa Code § 147.140.  Iowa practitioners have paid close attention during these years as the Iowa Supreme Court and Iowa Court of Appeals have explored the requirement’s contours.  And just this month, the Iowa Supreme Court outlined another layer of considerations Iowa practitioners must keep in mind while litigating medical [...]

20 Mar, 2023

Adam R. Feeney Presented at the Midlands African Chamber’s Power Hour

2023-03-20T11:48:27-05:00March 20th, 2023|Latest News|

Partner Adam R. Feeney presented at the Midlands African Chamber’s Power Hour on Thursday, March 16, 2023. During his presentation he discussed the importance of drafting and following organizational agreements for businesses. Adam specializes in commercial litigation and arbitration. He has represented clients in various disputes, including corporate partnership, breach of contract, creditors’ rights, product liability, RICO, securities fraud, employment, trusts, and estates. To learn more about Adam [...]

12 Mar, 2023

Jason C. Palmer Presented to the Iowa Motor Truck Association

2023-03-09T12:05:53-06:00March 12th, 2023|Latest News|

Partner Jason C. Palmer recently presented a webinar on the basics of cargo claims under the Carmack Amendment to the Iowa Motor Truck Association (IMTA). His presentation discussed the basics of Carmack claims and what constitutes “delivery” of cargo under Carmack. It also covered defenses to the Carmack Amendment including the “Savage” rule and limiting the liability of the carrier through the bill of lading and tariffs. Jason’s [...]

10 Mar, 2023

Winning Isn’t Everything . . . Unless You Can Collect: The Nebraska Supreme Court’s Recent Cautionary Holding

2023-05-03T08:52:00-05:00March 10th, 2023|Construction Contractor Advisor, Latest News, Nebraska Construction Law|

Unfortunately, winning a case does not guarantee that you will collect money.  The court is not responsible for collecting the judgment.  Rather, if the judgment debtor (losing party) does not voluntarily pay the judgment to the judgment creditor (winning party), the judgment creditor must take action to collect. For construction cases, the issue becomes more complicated and nuanced where a construction lien is filed on real property owned by a [...]

9 Mar, 2023

Erin K. Artz Presented at Creighton Law School’s “Women in Business Law” Panel

2023-03-09T12:06:35-06:00March 9th, 2023|Latest News|

Attorney Erin K. Artz recently participated in Creighton Law School’s “Women in Business Law” panel discussion. This panel, hosted by the Women’s Law Student Association and Business Law Society, brought together attorneys from local law firms to share their insights and career development advice with women law students interested in business law.

9 Mar, 2023

Jason W. Grams Inducted to the Nebraska State Bar Foundation’s Class of 2022 Fellows

2023-03-09T08:29:40-06:00March 9th, 2023|Latest News|

At the 37th Annual Fellows Dinner, Partner Jason W. Grams was recognized by the Nebraska State Bar Foundation as part of the Class of 2022 Fellows. Nomination and selection to become a Fellow is based upon their dedication to improving the administration of justice, leadership in the profession, civic service, integrity and Foundation support. This is a prestigious honor bestowed annually on only 30 lawyers. Mr. Grams joins [...]

7 Mar, 2023

Patrick Vipond and Mary Mikuls Obtained Successful Summary Judgement for Client

2023-03-06T14:05:09-06:00March 7th, 2023|Latest News|

Partner Patrick G. Vipond and Associate Mary C. Mikuls recently obtained a successful summary judgment for a hospital client, having the case against the client dismissed. In addition to a claim for medical malpractice, this success also came in an action under the Emergency Medical Treatment and Active Labor Act (“EMTALA”). Also referred to as the “anti-dumping” law, EMTALA is a federal statute requiring emergency medical providers [...]

7 Mar, 2023

The Coverup Can Be Worse Than The Crime

2023-03-07T11:46:20-06:00March 7th, 2023|LDM MedMal Forum|

PLEASE! Don’t go back and change the health care records after a bad medical outcome. Jurors in Atlanta in late 2022 awarded a $75 million verdict against a pair of Georgia hospital physicians who did just that. The 32-year-old male patient was taken to the ER. It was alleged the physicians failed to diagnose a brain stem stroke for over a day causing catastrophic paralysis. The patient’s family alleged [...]

6 Mar, 2023

Loree Nelson and Ted Appel Judge Drake Law School’s First Year Oral Argument Competition

2023-03-06T14:03:28-06:00March 6th, 2023|Latest News|

Of Counsel Loree Nelson and Attorney Theodore T. Appel judged oral arguments conducted by first year law students at Drake Law School on February 28 and March 2, 2023. These oral arguments are designed to give first year law students at Drake Law School the practical experience of appellate advocacy and receive real time feedback on their presentation and arguments from members of the legal community. The [...]

3 Mar, 2023

LDM Celebrates Its 25th Anniversary

2023-03-03T14:22:02-06:00March 3rd, 2023|Latest News|

This year marks Lamson Dugan & Murray’s (LDM) 25th anniversary. Founded in 1998, LDM was created with the goal of forming a partnership of talented legal professionals who brought enthusiasm and excellence to the practice of law for the benefit of the Firm’s clients. LDM started with 20 attorneys collectively possessing over 150 years of experience in civil and corporate law. Today, the Firm has 49 attorneys, even more years [...]

1 Mar, 2023

Iowa Limits Liability of Health Care Providers Fighting the COVID-19 Pandemic

2023-03-01T13:19:00-06:00March 1st, 2023|LDM MedMal Forum|

  The COVID-19 pandemic affected all Iowans, including those engaged in the practice of medicine. Individual practitioners bravely put themselves on the front line to combat a novel disease sweeping through Iowa. Hospitals treated more patients than they had before and worked around the clock to care for victims of the pandemic. Despite these efforts, legal experts predicted significant litigation would arise from missteps committed during the treatment of COVID-19 [...]

1 Mar, 2023

William R. Settles Admitted to American College of Trial Lawyers

2023-03-08T09:54:38-06:00March 1st, 2023|Latest News|

William R. Settles has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony at which Mr. Settles became a Fellow took place recently before an audience of approximately 525 during the recent Spring Meeting of the College in Key Biscayne, Florida. Founded in 1950, the College is composed of the best of the trial bar [...]

28 Feb, 2023

Cathy Trent-Vilim Published in the American Bar Association’s 2023 Winter Issue of the Council of Appellate Lawyers

2023-02-28T13:02:48-06:00February 28th, 2023|Latest News|

Partner Cathy Trent-Vilim was recently published in the American Bar Association’s (ABA) 2023 Winter Issue of the Council of Appellate Lawyers. Her article, “The Dos and Don’ts of Crafting a Strategic and Helpful Amicus Brief,” shares how to craft an amicus brief in a way that will not only get the court’s attention, but also serve the brief’s fundamental purpose: helping the court. Click here to read the [...]

27 Feb, 2023

2023 Nebraska Ag Bills: Analysis of Current Law and Proposed Changes

2023-02-27T08:09:31-06:00February 27th, 2023|Agriculture, Government Regulations, Latest News, Legislation|

    Legislative Bill 591: Proposed Changes Timeline for Notice to Terminate Verbal Lease Agreements Legislative Bill 591 (“LB 591”) proposes a different timeline for tenants leasing agricultural property to give notice to terminate their oral lease agreements. Nebraska does not have a statute governing these terminations, but the Nebraska Supreme Court has set clear guidelines, as further explained below. Current Nebraska Law In Wilson, the tenant had an oral [...]

24 Feb, 2023

Life at LDM | Attorney Spotlight, Callie A. Kanthack

2023-02-24T14:55:07-06:00February 24th, 2023|Latest News, Life at LDM|

Callie A. Kanthack, Attorney How have you advanced professionally since joining our team? Since being hired as an LDM Associate, I have had the opportunity to build and improve my litigation skills. During my first year, I took depositions, argued motions, second-chaired a trial, and wrote an appellate brief. Through this experiential learning process, I have received one-on-one feedback from LDM Partners and developed professional relationships among members [...]

23 Feb, 2023

LDM Expands Construction Practice to Include Mediation of Construction Disputes

2023-02-23T11:53:16-06:00February 23rd, 2023|Construction Contractor Advisor, Construction Law, Latest News|

Lamson Dugan & Murray LLP is pleased to announce that Craig F. Martin will be expanding his construction practice to include mediation of construction disputes. Craig is certified in mediation by the Supreme Court of Nebraska, having completed both the Nebraska Mediation Association and Advanced Federal Practice Mediation Training programs. For more than 25 years, Craig has helped construction clients resolve all types of construction disputes. During that [...]

22 Feb, 2023

LDM Prevailed in Iowa Court of Appeals in Case Regarding Emergency Hospitalization Order

2023-02-22T12:38:37-06:00February 22nd, 2023|Latest News|

Lamson Dugan & Murray LLP recently prevailed in the Iowa Court of Appeals in a case involving a patient subjected to an emergency hospitalization order. The patient sued the medical provider and law enforcement alleging claims of false imprisonment and false arrest. On review, The Court of Appeals, without opinion, affirmed the District Court’s grant of summary judgment to the defendants. Click here to read similar appellate news: [...]

22 Feb, 2023

Mark E. Novotny Presented to Hospital and Medical Staff in Neligh, Nebraska

2023-02-22T12:22:52-06:00February 22nd, 2023|Latest News|

Partner Mark E. Novotny presented to both hospital staff and medical staff at Antelope Memorial Hospital on February 17, 2023, in Neligh, Nebraska. Mr. Novotny addressed topics including: the Cures Act where patients can see clinical notes on their patient portal; refreshing healthcare professionals on medical record documentation requirements; and defensive & proper documentation. He also discussed the genesis and development of Electronic Medical Records, use of Audit [...]

21 Feb, 2023

Cathy Trent-Vilim Elected to the Eighth Circuit Bar Association Board of Directors, Representing Nebraska

2023-02-21T09:49:21-06:00February 21st, 2023|Latest News|

Partner Cathy Trent-Vilim was recently elected to the Eighth Circuit Bar Association Board of Directors representing the state of Nebraska. The Bar Association was formed to improve and facilitate the administration of justice within the courts of the Eighth Circuit; to raise the standards of proficiency and integrity in federal practice; to develop and implement effective, efficient, and uniform rules of practice and procedure within the courts of [...]

20 Feb, 2023

Why You Should Hire an Appellate Attorney Before Trial

2023-02-27T08:14:28-06:00February 20th, 2023|Appealing Litigation, Appellate Work, Latest News|

Although an appeal comes after the trial is over, you should be thinking about hiring an appellate attorney long before the trial phase of a case. In fact, an appellate attorney can be a valuable resource throughout the pendency of your case in the trial court. How, you ask? First, you cannot appeal an error that has not been properly preserved. Appellate counsel can assist (both before and during trial) [...]

13 Feb, 2023

LDM Wins in the Iowa Court of Appeals

2023-02-13T12:41:06-06:00February 13th, 2023|Latest News|

Partners Janice M. Thomas and Cathy Trent-Vilim recently won an appeal in the Iowa Court of Appeals. The case turned on whether an Iowa city owed a legal duty to a minor who was attacked by a dog while she was playing in her own yard. The minor, through her parents, alleged the city was negligent for failing to destroy the dog, which had not been vaccinated [...]

7 Feb, 2023

LDM Wins in the Nebraska Court of Appeals

2023-02-06T14:16:44-06:00February 7th, 2023|Latest News|

Partners Brian J. Brislen and Cathy Trent-Vilim recently prevailed in an appeal pending before the Nebraska Court of Appeals. The suit involved a family dispute over who should serve as trustee of a disabled brother’s irrevocable noncharitable trust. Under the terms of an amended trust agreement, the trust was being managed by a sister-in-law. Several siblings, however, challenged the validity of the amended trust agreement, claiming the [...]

6 Feb, 2023

Governor Reynolds Calls for Hard Cap on Medical Malpractice Damages as Iowa Legislative Session Begins

2023-02-06T17:18:06-06:00February 6th, 2023|LDM MedMal Forum|

  Legislators, lobbyists, and laws – Oh my! Iowa’s 2023 Legislative Session kicked off on January 10, 2023, with Governor Kim Reynolds’ Condition of the State Address. This address marks Iowa’s ceremonial start to its legislative session each year. In her address, Governor Reynolds informed Iowans about her priorities for the coming year. One of Governor Reynolds’ stated priorities is enacting “common-sense tort reform to stop the out-of-control verdicts” that [...]

6 Feb, 2023

Top 4 Reasons to Hire an Appellate Specialist for an Appeal

2023-02-06T14:09:41-06:00February 6th, 2023|Appealing Litigation, Appellate Work, Latest News|

1. A Fresh Set of Eyes Even the most gifted trial attorney can develop blind spots in a case. An appellate specialist brings a fresh set of eyes to your case and see issues you do not see. Appellate attorneys can also bring a new perspective to the case. An appellate attorney with no stake in the arguments made in the trial court can take a more objective and dispassionate [...]

3 Feb, 2023

Andrew Johnson Obtained Defense Verdict in Recent Trial in Polk County, Iowa

2023-02-03T08:39:10-06:00February 3rd, 2023|Latest News|

Partner Andrew C. Johnson obtained a defense verdict following a jury trial in Polk County, Iowa earlier this week. Plaintiff sought damages at trial in excess of $800,000, claiming a car accident caused by Andy’s client in 2018 resulted in permanent neck and back injuries. Following the accident, Plaintiff underwent several rounds of therapy, injections and radio frequency ablations before undergoing a cervical fusion in 2021. Plaintiff and [...]

2 Feb, 2023

Adam Feeney Featured in The Nebraska Lawyer January/February Publication

2023-02-02T10:27:58-06:00February 2nd, 2023|Latest News|

Partner Adam R. Feeney was recently featured in The Nebraska Lawyer publication for his article, “Primer on Arbitration and Recent Developments in Arbitration Caselaw.” Arbitration is a binding form of private dispute resolution to which almost everyone has agreed, in one contract or another, certain of their claims are subject. In this article Adam seeks to provide an overview of what arbitration is and the ways courts enforce [...]

1 Feb, 2023

Proposed Legislation Affecting Nebraska Farmers

2023-02-02T10:22:04-06:00February 1st, 2023|Agriculture, Government Regulations, Legislation, Midwest Agricultural Law|

Nebraska State Capitol landscape at sunrise   Three bills were submitted to the Nebraska Legislature this month that work to protect Nebraska farmers. LB 662 proposes a change to the Nebraska Right to Farm Act. This Act makes it harder for neighbors to sue farmers over nuisances. This bill further limits who is permitted to file a nuisance action and recover damages. LB 394 determines damages for taking [...]

31 Jan, 2023

The Physician-Advanced Practice Provider Relationship

2023-01-30T13:53:53-06:00January 31st, 2023|LDM MedMal Forum|

Advanced practice providers, such as nurse practitioners and physician assistants, play a unique role in the care and treatment of patients. These providers see, treat, and consult with patients, many times expanding the level and types of care available to patients, especially in rural communities. Nebraska law encourages the use of advanced practice providers for efficiency and to expand care to areas where medical care may be limited. Nebraska law [...]

26 Jan, 2023

Be Mindful of Ethical Codes that Impact What Your Client or Witness Can Produce

2023-01-26T09:13:13-06:00January 26th, 2023|LDM MedMal Forum|

Cases that involve alleged brain injury often turn on expert battles over the results of sophisticated neuropsychological testing.  These tests—such as the Minnesota Multiphasic Personality Inventory, the Luria-Nebraska Neuropsychological battery, and the Weschler Adult Intelligence Scale—represent the culmination of decades of specialized research.  And these tests can often provide key insights into the examinees’ cognitive abilities. Like any test, these neuropsychological batteries can be gamed if the examinee has enough [...]

24 Jan, 2023

Recent Legislation Proposes Extreme Increases in Medical Malpractice Damages Caps

2023-01-24T09:04:49-06:00January 24th, 2023|LDM MedMal Forum|

Amid unprecedentedly high verdicts recently awarded in Nebraska and other Midwest states, two bills were introduced this month in the Nebraska Legislature to amend sections of the Nebraska Hospital-Medical Liability Act (“Act”).  Under this Act, damages against qualified healthcare providers for medical malpractice claims are capped at $2.25 million.  To be a qualified provider under the Act, healthcare providers must be insured in the amount of $500,000 for each occurrence [...]

16 Jan, 2023

A New Study Finds Significant Misdiagnoses in Emergency Rooms — But is it a False Alarm?

2023-01-16T09:57:08-06:00January 16th, 2023|LDM MedMal Forum|

A new report issued by the Agency for Healthcare Research and Quality (AHRQ), dated December 15, 2022, alleges: “About 5.7% of patients seen in the emergency department (“ED”) receive an incorrect diagnosis with about 2.0% experiencing an adverse event because of the incorrect diagnosis; some of these adverse events are serious (~0.3%). This translates to about 1 in 18 ED patients receiving an incorrect diagnosis, 1 in 50 suffering an [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected.

2023-01-14T07:59:25-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

16 Jan, 2023

How to Protect Yourself When the Job Site Isn’t What You Expected

2023-01-16T01:00:38-06:00January 16th, 2023|Construction Contractor Advisor, Construction Contracts, Differing Site Conditions, Nebraska Construction Law|

It happens far too often – you show up at a job site that ends up much different than what you anticipated.  What is your best course of action?  First, look at your contract.  Do you have a differing site conditions or changed conditions clause?  Absent such a clause, you may be required to assume any additional difficulty, burden, or expense.  However, even in the absence of such a clause, [...]

11 Jan, 2023

Craig F. Martin and Daniel J. Waters Presented at the 2023 Iowa LICA Convention

2023-01-11T08:51:54-06:00January 11th, 2023|Latest News|

Partners Craig F. Martin and Daniel J. Waters presented at the 2023 Iowa LICA Convention on January 9. The Iowa Chapter Land Improvement Contractors of America (LICA) is a nonprofit association of contractors dedicated to the professional conservation of soil and water. Their annual convention is held over three days and provides educational sessions and workshops. Craig’s presentation focused on minimizing risk on construction projects and Dan [...]

6 Jan, 2023

No . . . You May Not Be Able to Use ALL of the Plaintiff’s Medical Records to Defend Your Case

2023-01-09T12:26:58-06:00January 6th, 2023|LDM MedMal Forum|

There is a great misconception that all of the plaintiff’s medical records may be used in your defense when your patient sues you for medical malpractice.   That is not true.  Generally, medical records are hearsay (out of court statements) and are not admissible in court proceedings to use in your defense unless an exception to the hearsay rule applies.  Good news-there are such exceptions; bad news-the exceptions are not as [...]

6 Jan, 2023

LDM Expands Firm with Four New Attorneys

2023-01-06T08:02:48-06:00January 6th, 2023|Latest News|

Lamson Dugan & Murray LLP (LDM) welcomes attorneys Andrew C. Johnson, Jason C. Palmer, Scott Wormsley, and Rachel R. Raymond. Johnson, Palmer and Wormsley join as partners in LDM’s West Des Moines location and Raymond is an associate in Omaha. Andy Johnson has an active trial practice and has tried numerous jury and nonjury trials over the last several years for a variety of clients. His practice areas include commercial [...]

5 Jan, 2023

How Long Must Audit Logs Be Retained?

2023-01-05T12:02:03-06:00January 5th, 2023|LDM MedMal Forum|

Any electronically stored information that an entity collects, stores, and transmits that may identify a patient is considered electronic protected health information (ePHI). To protect their patients’ ePHI, a covered healthcare entity must implement hardware, software, and/ or procedural mechanisms that record and examine activity on the entity’s network. 45 CFR §164.312 (b). With almost all medical files being stored electronically today, audit logs are critical to an entity’s security [...]

3 Jan, 2023

Life at LDM | Attorney Spotlight, Bryony J. Whitaker

2023-01-03T08:44:57-06:00January 3rd, 2023|Latest News, Life at LDM|

Bryony J. Whitaker, Attorney What is your definition of success? I define success as maintaining a happy family life with my husband and two pups, balanced with a dynamic career where I’m dealt new challenges. Not to harp on the alleged mythical unicorn that is the ‘work life balance’ bandwagon, but I really do believe it is possible! Something that I’m still learning as I go along is [...]

30 Dec, 2022

Taylor J. Jurgens Elected to NeighborGood’s Board of Directors

2022-12-30T09:36:57-06:00December 30th, 2022|Latest News|

Attorney Taylor J. Jurgens was recently elected to serve on the Board of Directors of NeighborGood (formerly known as the Tri-City Food Pantry) for a three-year term. NeighborGood is a food pantry located in Papillion, Nebraska that serves those in the Sarpy County area struggling with food insecurity. NeighborGood currently serves around 200 families every month with food and household items, and is in the process of building [...]

17 Dec, 2022

Spoliation of Evidence in Medical Malpractice Cases: What is it and What are the Consequences?

2022-12-13T16:58:21-06:00December 17th, 2022|LDM MedMal Forum|

This blog has previously touched on importance of accurately documenting an Electronic Medical Record [EMR]. Document, Document, Document - Accurately! - Lamson Dugan & Murray LLP ( As the post explained, the “slightest discrepancy or ambiguity may result in protracted litigation.” But what happens when certain documents are deleted or are removed from the electronic medical record before or during litigation? This action may invoke a legal doctrine called spoliation. [...]

15 Dec, 2022

Mark E. Novotny Elected to Judicial Nominating Commissions

2022-12-15T10:15:53-06:00December 15th, 2022|Latest News|

After the votes were tabulated, Partner Mark E. Novotny was selected by the attorneys of the Nebraska Bar Association to four Judicial Nominating Commissions: (1) Chief Justice of the Nebraska Supreme Court; (2) Nebraska Supreme Court; (3) Nebraska Court of Appeals; and (4) the District and County Courts of the Nebraska Fourth Judicial District. Judges in all levels of Nebraska Courts must first submit their names to the [...]

Go to Top