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Partner Mark E. Novotny presented to dental providers at the Metro West Dental Seminar on November 2, 2022 in LaVista, Nebraska. Mr. Novotny addressed the anatomy of dental claims, lawsuits, investigation, risk exposure, liability insurance, defense and proper documentation. He also discussed the team concept of providing dental care and documentation to lessen risks to the team members and provided actual dental and periodontal examples of real cases [...]

On October 28, 2022, Partners Rick Harris and Michael L. Storey obtained a defense verdict for an Iowa hospital after a 10-day jury trial. Plaintiffs alleged that following a CT angiogram of the chest, the radiology technologists, nurses, and emergency room physician did not timely diagnose and treat an anaphylactic reaction to contrast. Plaintiffs, including the patient, his wife, and four adult children, sought over $34 million [...]

Can you get interest on construction liens? You can now—at 12%. The Nebraska Supreme Court recently ruled that an LDM client could recover 12% interest on amounts owed under a construction lien. Here, LDM’s client was a material supplier on a construction project. The subcontractor failed to pay the material supplier and we filed a construction lien on its behalf. When the property owner and general contractor refused to pay [...]

Associate Ellen K. Geisler was elected as Treasurer of the Nebraska State Bar Association's (NSBA) Young Lawyers Section (YLS) Executive Committee at the annual meeting. She is currently serving a four-year term as the representative for District 4 (Douglas County) on the Executive Committee. There are currently approximately 1,100 members in the YLS. The YLS organizes Continuing Legal Education opportunities and social events for its members across the [...]

Partner Nichole S. Bogen was re-elected as the chair of the Labor Relations and Employment Law Section for the Nebraska State Bar Association (NSBA). The Section provides a forum for the discussion and development of substantive and procedural laws relating to the field of labor relations and employment law. It also promotes and maintains high standards of conduct, integrity, and skill for persons engaged in the practice. [...]

Partner Adam R. Feeney, with research assistance from Callie A. Kanthack, contributed to the Nebraska section “Interim Measures in the United States in Aid of Arbitration.” The book is a state by state survey of the availability of interim measures in court, such as orders of attachment or injunctions, in aid of arbitration. Click here to learn more about this book and its contents.

The Nebraska Court of Appeals upheld the trial court’s ruling that LDM’s client, represented by Craig F. Martin and Callie A. Kanthack, did not have to give her land or money to her estranged daughter. In 2021, LDM’s client’s daughter filed a lawsuit against alleging that her mother breached their agreement to give her daughter hundreds of acres of farm ground. LDM’s client denied that she was [...]

Partners Mark E. Novotny and William R. Settles presented at the Nebraska Defense Counsel Meeting for MMIC/Constellation Insurance Company on September 12, 2022. In attendance were attorneys and insurance professionals who represent health care providers in professional practice matters. Mr. Novotny spoke on EMR litigation discussing EMR and audit trails, data related to claims, and provided nationwide examples of EMR/Audit Trail litigation and claims. Mr. Settles presented [...]

On Friday, September 30, Partner Daniel J. Waters will present "Governing Documents for Your Farm or Ranch Business Entity: When, How, and Why They Matter" at the 2022 Ag Law Summit. Washburn University School of Law, in collaboration with Creighton University School of Law, present this program which provides an overview of tax law provisions relating to a variety of issues that arise in Farm and Ranch Tax, [...]

Following a six-day trial in Pottawattamie County, Partners Michael L. Storey and Patrick G. Vipond secured a defense verdict for a jail psychiatrist in a lawsuit seeking more than $30 million in damages. The plaintiff was arrested on July 24, 2018, and remained in the Pottawattamie County jail until the night of August 2, 2018. On that night, the jail released him from custody and sent him [...]

Lamson Dugan & Murray LLP congratulates Matthew Karnes, Olivia McDowell and Phillip Sanberg on their recent achievements of passing the Nebraska Bar Exam. Matthew and Olivia will join as associates in our litigation department and Phillip will join as a corporate associate – all three will be working in our Omaha office. They will be sworn in on September 20. Congratulations!

Paralegal Stephanie Fosbinder was recently awarded the Nebraska Paralegal Association’s (NePA) 2022 Certified Paralegal (CP) Scholarship. The CP Scholarship encourages and assists individuals in their pursuit to obtain the Certified Paralegal designation and covers educational expenses related to obtaining this certification. The recipient also automatically becomes a member of the CP/ACP Scholarship Committee in the fiscal year following the awarding of the scholarship. Stephanie’s achievement will be announced at the [...]

Lamson Dugan & Murray LLP’s Daniel P. Chesire was recently granted Emeritus Membership by the Federation of Defense & Corporate Counsel (FDCC). This prestigious membership is reserved for members who rendered exemplary service to the Federation and made outstanding contributions to advance the objectives and purposes of the organization. Emeritus Member status is bestowed only to those exemplary professionals whose contributions are of the highest caliber and their [...]

Lamson Dugan & Murray LLP congratulates Sarah Schleisman on her recent achievement of passing the Iowa Bar Exam. Sarah is one of the Firm’s newest team members and works in our West Des Moines office. Prior to studying for the bar she attended Drake University Law School and was the Executive Editor of the Drake Journal of Agricultural Law. Sarah also clerked for Conterra Ag Capital. She celebrated passing the [...]

Lamson Dugan & Murray LLP welcomed attorneys Theodore (Ted) Appel, Mary Mikuls and Taylor Jurgens to the Firm. Ted Appel is a litigation associate at LDM’s West Des Moines office. Prior to joining the Firm, Ted was a law clerk for Chief Justice Susan Larson Christensen of the Iowa Supreme Court during the 2021-22 term and graduated from the University of Iowa College of Law in [...]

Partner Nichole S. Bogen represents Lamson Dugan & Murray LLP as Council Member of the Lincoln Chamber of Commerce Small Business Advisory Council. This council was formed as a cross-section of Lincoln’s Chamber membership and represents businesses of varied industries. It discusses opportunities and concerns impacting the small businesses of Lincoln. Click here to learn more.

Associate Ellen K. Geisler was selected to participate in the 2022-2023 Nebraska State Bar Association (NSBA) Leadership Academy. The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make greater contributions to the legal profession and their community. The monthly sessions will discuss topics such as: Effective Leadership, Legislative Issues, Balancing Work and Life, and Public Trust and [...]

Lamson Dugan & Murray LLP is proud to announce that 14 of their attorneys have been recognized in the 29th Edition of The Best Lawyers in America. This recognition is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Congratulations to the following Partners! Appellate Practice Rick Harris (West Des Moines, IA) William R. Settles Closely Held Companies and Family Businesses Law [...]

Associate Erin K. Artz was recently selected to serve on the Executive Committee for the Nebraska State Bar Association’s (NSBA) Tax Section. The Section is dedicated to promoting and improving the professional knowledge and skill of its members by addressing practical and legal issues arising in taxation laws and regulations, as well as cultivating social and professional relationships among its members and disseminating information of interest to its [...]

Lamson Dugan & Murray LLP is pleased to announce the nomination of Partner Jason W. Grams to become a Nebraska State Bar Foundation Fellow. Fellowship is awarded to a select number of Nebraska lawyers who distinguish themselves through professional achievements and contributions to the Foundation. Only 30 lawyers are nominated and elected annually. Mr. Grams joins six other Lamson Dugan & Murray attorneys who achieved this honor: • [...]

Partner William R. Settles celebrates 30 years of membership in the Nebraska State Bar Association (NSBA). The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics and professionalism and to protect and promote the administration of and access to justice. Mr. Settles has 30 years of experience defending physicians, hospitals and other health care providers. Read more about his expertise and accomplishments, [...]

Partner Anne Marie O’Brien was recently elected President of the National Association of Railroad Trial Counsel (NARTC).  This 67 years old national transportation organization is made up of the top railroad trial attorneys from across the United States and Canada. NARTC is devoted exclusively to serving the rail industry’s litigation needs.  Anne Marie is regularly chosen to speak on her expertise to the membership on trial, insurance and [...]

Partner Kyle Wallor celebrates 25 years of membership in the Nebraska State Bar Association (NSBA). The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics and professionalism and to protect and promote the administration of and access to justice. Mr. Wallor will be honored at the NSBA’s 2022 Annual Meeting Legacy Luncheon later this fall.

Lamson Dugan & Murray LLP is proud to share that Daniel P. Chesire was awarded the Father Flanagan Distinguished Alumnus Award at Boys Town’s Alumni Dinner. This achievement is the highest and most prestigious award given by the Boys Town Alumni Association. It recognizes alumni who have achieved substantial personal and professional growth and advancement over an extended period of time, made significant contributions to society and service [...]

Lamson Dugan & Murray LLP is pleased to announce seven attorneys have been selected to the 2022 Great Plains Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. 2022 Great Plains Super Lawyers  Daniel P. Chesire - Personal Injury: Defense Jason W. Grams - Business Litigation Anne Marie O’Brien - [...]

For six-and-a-half years, Anne Marie O’Brien and Mike Storey represented the building owners in Omaha's historic Old Market, whose home and businesses were destroyed by the January 2016 explosion and fire. From day one, the Metropolitan Utilities District (MUD) denied any wrongdoing. After more than a hundred depositions, successfully defeating MUD's sovereign immunity arguments before the Nebraska Supreme Court, and a two-week bench trial in February 2022, Ms. [...]

Partner Eric W. Tiritilli was recently elected to the Board of Directors for United Way of the Midlands.  United Way of the Midlands serves those living in poverty helping them to work toward independence by investing in programs that focus on basic needs, education and financial stability.  Mr. Tiritilli will serve a three-year term on the Board beginning July 1, 2022.

Partner, Stacy Morris, was recently elected to the Alumni Association Board of Directors of Saint John’s University.  Founded in 1857, Saint John’s is a Benedictine liberal arts university located in Collegeville, Minnesota.  Mr. Morris is a 1997 graduate of Saint John’s, and will serve a three-year term on the Board beginning July 1, 2022.

Partners Mark Novotny, William Settles and Mike Storey, along with nationally recognized expert Doug Blair, recently presented a seminar at The Field Club of Omaha as to legal ramifications of Electronic Medical Records and Audit Trails in medical malpractice litigation. The audience was made up of LDM clients and insurers, information technology officers and risk managers. Topics included discussing how electronic medical records and audit trail [...]

Partner, Daniel J. Hassing has expanded his practice to the state of South Dakota and can now serve clients as a member of the South Dakota State Bar. Dan’s admission into South Dakota gives the firm a greater geographical reach to service its clients.

Dave Schmitt obtained summary judgment in two separate toxic tort lawsuits filed against the railroads he represented. In both cases the plaintiffs claimed they suffered cancer as a result of alleged exposures to diesel exhaust and environmental hazards during their railroad employment. Schmitt secured the plaintiffs’ medical records, employment records, and deposition testimony to offer in support of motions for summary judgment. The United States District Court for [...]

Partner Mike Storey presented to the Independent Insurance Agents of Omaha on May 26, 2022.  Mr. Storey’s presentation focused on recent decisions by the Nebraska Supreme Court and the Nebraska Court of Appeals on the duties of insurance agents under Nebraska law.  This included two favorable decisions obtained by partner Sean Minahan on behalf of Nebraska insurance agents and brokers.   As part of his presentation, Mr. Storey also [...]