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About Kyle Wallor

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So far Kyle Wallor has created 31 blog entries.

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18 Sep, 2012

Ethical Duty Owed Third Party Lienholder or Subrogation Interest

2018-04-24T00:12:17-05:00September 18th, 2012|Ethics, Nebraska Litigation & Trial Advisor|

We know attorneys have an ethical obligation to their own clients for the safekeeping of property under Nebraska's Rules of Profession Conduct.  Neb.Rev.Stat. § 3-501.15.  This often arises in the area of personal injury litigation.  In fact, improper handling or usage of client monies often results in disbarment in the state of Nebraska.  It also appears Nebraska attorneys have an ethical obligation to protect the property of third parties whose interest may be contradictory to [...]

4 Sep, 2012

Law Students’ Suits Against Law Schools Dismissed

2018-04-24T00:12:17-05:00September 4th, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

In February, one of our blogs noted lawsuits being filed by laws students seeking damages due to law schools misrepresenting employment and salary data.  This included suits against New York Law School and Thomas M. Cooley Law School .  The claims raised by the suits appeared to be an uphill climb due to a few factors.  First, the critical thinking and analysis required of a potential attorney.  Second, the unforeseen effects of the economic decline in 2008.  At least two [...]

29 May, 2012

Cyber Gripe – “Anonymous” Comments Could Cost You Millions

2018-04-24T00:12:17-05:00May 29th, 2012|Discovery, In-House Counsel, Nebraska Litigation & Trial Advisor|

Two weeks ago, I noted the Internet has become an area where individuals with access to the Internet can effect peoples' lives and businesses.  Just about every website, blog and Internet forum provides individuals with the opportunity to comment on anything subject matter.  The comments are also often made under the guise of an "anonymous" username which provides little to no personal information about the commenters.  Be careful, your comments might [...]

15 May, 2012

Cyber Gripe – Opinion, Defamation or Outright Harassment

2018-04-24T00:12:17-05:00May 15th, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

As the target of a local a cyber griper, I have taken interest in reading about cyber activities taken against individuals and businesses.  The activities can range from posting complaints on review websites all the way to creating websites for the purpose of complaining about a person or a business.  Just last month, Jicheng “Kevin” Liu, a reportedly prolific burglar suspected in some 90 burglaries in the Chicago area, was [...]

8 May, 2012

Litigators Can Learn From the Stanley Cup Playoffs

2018-04-24T00:12:17-05:00May 8th, 2012|Nebraska Litigation & Trial Advisor, Trial|

The National Hockey League is presently holding the Stanley Cup Playoffs.  As you may know, professional hockey is a an extremely physical sport which often includes physical confrontation. This is because all professional hockey players ferociously compete to secure the lone goal of each player in the NHL, having his name etched on the Stanley Cup alongside every other Stanley Cup Champion. Despite the physical and emotional intensity of competing [...]

1 May, 2012

Seven Final Thoughts on Economic Damages and Joint and Several Liability

2018-04-24T00:12:17-05:00May 1st, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

Over the course of this six part series, we have examined the state of economic damages and joint and several liability law in Nebraska.  I will provide some closing thoughts on the state of the law, the system and a substantial question that has not been answered. Any co-defendant has the risk of being jointly liable for all economic damages when there is no settlement between the claimant and any liable party (Part [...]

24 Apr, 2012

Economic Damages and Joint and Several Liability, Part V

2018-04-24T00:12:17-05:00April 24th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

As per my note in Part IV, I am going to take a look at a case which appears to be contrary to the Nebraska Supreme Court's ruling in Tadros v. City of Omaha, 273 Neb. 935, 735 N.W.2d 377 (2007), Jameson v. Liquid Controls Corp., 260 Neb. 489, 618 N.W.2d 637 (2000).  However, common analysis between the opinions does create some consistency.  Jameson was a strict liability suit against brought [...]

17 Apr, 2012

Economic Damages and Joint and Several Liability, Part IV

2018-04-24T00:12:18-05:00April 17th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

As noted in Part III of this series, we are going to examine the reasoning behind the Nebraska Supreme Court determining joint and several liability ceases when one of two liable parties settle with a claimant as set forth in Tadros v. City of Omaha, 273 Neb. 935, 735 N.W.2d 377 (2007). In reaching its determination, the Court first considered the plain language of the Neb.Rev.Stat. §§ 25-21,185.09 to 25-21,185.11.  In doing so, the Court first determined Neb.Rev.Stat. § [...]

10 Apr, 2012

Economic Damages and Joint and Several Liability, Part III

2018-04-24T00:12:18-05:00April 10th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

As alluded to in Part I and Part II of this series, the Nebraska Supreme Court addressed the effect of Nebraska's Comparative Fault Act on joint and several liability when a settlement occurs with one liable party in Tadros v. City of Omaha, 273 Neb. 935, 735 N.W.2d 377 (2007).  Tadros arose when Georgette Tadros was seriously injured when she was struck by a vehicle while crossing the street.  Tadros had begun [...]

3 Apr, 2012

Economic Damages and Joint and Several Liability, Part II

2018-04-24T00:12:18-05:00April 3rd, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

In Part I of this series, we addressed the general rule for joint and several liability.  This week we will take our first step in addressing joint and several liability when a claimant settles with a person liable or a co-defendant before the matter is submitted to a jury. Before Tadros v. City of Omaha, 273 Neb. 935, 735 N.W.2d 377 (2007), practitioners generally believed Neb.Rev.Stat. § 25-21,18.10 continued to control the situation and a jury would apportion [...]

20 Mar, 2012

Economic Damages and Joint and Several Liability – Part I

2018-04-24T00:12:18-05:00March 20th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

Over the next few Tuesday posts, we will be addressing the interplay between economic damages and joint and several liability.  It is often complicated, and can lead to some potentially inequitable results in large economic damage cases.  In handling cases with mutiple defendants and substantial economic damages, joint and several liability is a primary consideration in determining exposure.  As with some states, joint and several liability in Nebraska is covered by the Nebraska Comparative Fault Act, [...]

13 Mar, 2012

The Expanding Reach—and Allure—of the False Claims Act: Part IV

2018-04-24T00:12:18-05:00March 13th, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

The next series of posts are authored by Stacy Morris, a partner in LDM’s litigation department.  Mr. Morris has agreed to draw upon his experiences with the False Claims Act to provide information about the growing issues for businesses and individuals.  By Stacy Morris Under the FCA, a lawsuit can be brought directly by the Department of Justice (DOJ), or on the government’s behalf in what is referred to as [...]

6 Mar, 2012

The Expanding Reach—and Allure—of the False Claims Act: Part II

2018-04-24T00:12:18-05:00March 6th, 2012|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor|

The next series of posts are authored by Stacy Morris, a partner in LDM’s litigation department.  Mr. Morris has agreed to draw upon his experiences with the False Claims Act to provide information about the growing issues for businesses and individuals. By Stacy Morris Last week, we provided a brief introduction to the origins of the FCA, and pointed out three of the provisions that are often alleged in FCA [...]

28 Feb, 2012

Law Students Sue Law Schools Over Lack of Employment

2018-04-24T00:12:18-05:00February 28th, 2012|Nebraska Litigation & Trial Advisor|

As a person who financed his law school education and recognizes such a debt is generally not dischargeable, the news reports, blogs and other coverage of law student class action lawsuits filed against various law schools over employment and salary statistics have caught my interest.   The complaints are well written and quite lengthy, but generally raise claims of deceptive trade practices, fraud and negligent misrepresentation on the part of various law schools based upon the reporting of post-graduate employment [...]

21 Feb, 2012

Nine Thoughts Following ABA Client Counseling Competition

2018-04-24T00:12:18-05:00February 21st, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

On Friday February 17, 2012, I spent the afternoon at Creighton University's School of Law judging the ABA Regional Client Counseling Competition.  In sum, teams of two law students from Midwestern law schools were provided with a "client" to interview and counsel over forty-five minute period.  Each team interviewed three clients with different legal issues.  After completing the interview, the teams were evaluated based on a number of factors.  The competition was a incredible [...]

7 Feb, 2012

Notes From Nebraska Unicameral’s 102nd Legislature, 2nd Session

2018-04-24T00:12:18-05:00February 7th, 2012|Legislation, Nebraska Litigation & Trial Advisor|

Senator Colby Coash of District 27 introduced two bills which may affect the Nebraska Judiciary, LB 790 and LB 862.  LB 790 would amend Neb.Rev.Stat. § 24-503 by transferring the vacant County Court Judge position from District 5 (Merrick, Platte, Colfax, Boone, Nance, Hamilton, Polk, York, Butler, Seward and Saunders Counties) to District 3 (Lancaster County).  As Neb.Rev.Stat. § 24-503 currently exists, both Districts have six County Court Judges.  The basis for the proposed amendment [...]

31 Jan, 2012

Jurors, Smart-phones and Jury Trial Mayhem

2018-04-24T00:12:18-05:00January 31st, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

On January 30, 2012, Todd Cooper authored an article for the Omaha World Herald about Douglas County Nebraska Juror No. 22, who was found to be in contempt of court for consulting his smart-phone during the course of first-degree sexual assault trial.  Juror No. 22 was discharged from the jury and subsequently sentenced to 40 hours of community service.  Mr. Cooper's article discussed Juror No. 22's work emergency wherein if he did not stop a train with an [...]

24 Jan, 2012

Litigation, Damages and Jurors’ Beliefs

2018-04-24T00:12:18-05:00January 24th, 2012|Nebraska Litigation & Trial Advisor, Trial, Voir Dire|

On January 11, 2012 the United States Supreme Court determined the "ministerial exception" provided by the First Amendment precluded an employment discrimination suit by a "called" teacher, Cheryl Perich, in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC.  As part of her job duties with Hosanna-Tabor, Perich taught a religion class four days a week and led students in prayer and devotional exercises each day.  After Perich was diagnosed with narcolepsy and had [...]

17 Jan, 2012

As A Trial Lawyer, Form Can Trump Substance

2018-04-24T00:12:18-05:00January 17th, 2012|Cross Examination, Depositions, Direct/Redirect Examination, Discovery, Nebraska Litigation & Trial Advisor, Trial|

 As trial lawyers, events often move quickly and we make sure the substance of a particular position is made in order to protect the interests of our clients.  Unfortunately, substance doesn't always win the day and there are times when form is extremely important.  An example of this is the Nebraska Supreme Court's opinion in State v. Ford, 279 Neb. 453, 778 N.W.2d 473 (2010).  During the course of this criminal trial, the [...]

11 Jan, 2012

Employer is not a “Released Person” for Purposes of Apportionment Under Nebraska’s Comparative Fault Act

2018-04-24T00:12:18-05:00January 11th, 2012|In-House Counsel, Nebraska Litigation & Trial Advisor|

On January 6, 2012, the Nebraska Supreme Court decided the hotly contested issue of whether a court may apportion liability to an employer in a third-party action for peronsal injuries when the employer is immune from suit in tort under the Nebraska Workers' Compensation Act in Downey v. Western Community College Area, 282 Neb. 97o, ___ N.W.2d ___ (2012).  Generally speaking, an apportionment of fault instruction and concomitant jury verdict form is provided by Nebraska's courts when a potential [...]

3 Jan, 2012

Amendments to Nebraska’s Probate Code Add Protection To Personal Injury Settlements

2018-04-24T00:12:18-05:00January 3rd, 2012|Legislation, Nebraska Litigation & Trial Advisor|

An article by Todd Cooper in the Omaha World Herald on December 20, 2011 highlights the need for the amendments to Nebraksa's Probate Code provisions governing the appointment of conservators and guardians which took effect on January 1, 2012.  Although monetary assets of a ward are often protected by being deposited in an account which allows for withdrawal only upon court order, Mr. Cooper's article notes the arrest of a son acting as a guardian for his mother when [...]

20 Dec, 2011

Three Thoughts on Answering Over (and Potentially Waiving) Objections to Interrogatories in Nebraska

2018-04-24T00:12:18-05:00December 20th, 2011|Discovery, In-House Counsel, Nebraska Litigation & Trial Advisor|

A pitfall in handling interrogatories in Nebraska's state courts is waiving an objection by answering over it.  While Federal Rule of Civil Procedure 33 specifically addresses the issue by providing "[e]ach interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath" in FRCP 33(b)(3) and "[t]he grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless [...]

13 Dec, 2011

Tymar v. Two Men and A Truck – Three Keys To Dealing with Requests for Admission

2018-04-24T00:12:19-05:00December 13th, 2011|Discovery, Nebraska Litigation & Trial Advisor, Trial|

One of the most dangerous discovery vehicles is requests for admission, or § 6-336 of the Nebraska Rules of Discovery.  In Tymar v. Two Men and A Truck, 282 Neb. 692, __ N.W.2d __ (2011), the Nebraska Supreme Court provided a reminder of the dangers of failing to properly address requests for admission.   As a quick refresher, a party must timely respond to requests for admission as provided in the pertinent portion of § 6-336(a) to avoid having the requests be [...]

6 Dec, 2011

Paid vs. Billed – What is the Correct Measure of Medical Bill Damage?

2018-04-24T00:12:19-05:00December 6th, 2011|In-House Counsel, Legislation, Nebraska Litigation & Trial Advisor, Trial|

The world of health insurance and medical billing write-offs has created a hot topic in the world of personal injury trial practice, whether the measure of medical bill damages a personal injury plaintiff may recover is the amount billed by the provider or the amount paid and accepted as full and final payment by the provider.  The issue has been addressed by legislation in many states.  Some attorneys believe Nebraska's Unicameral Legislature addressed the issue [...]

29 Nov, 2011

Is Consolidation of Nebraska’s Two Level Trial Court System on the Horizon?

2018-04-24T00:12:19-05:00November 29th, 2011|Legislation, Nebraska Litigation & Trial Advisor|

On May 26, 2011, Nebraska Governor Dave Heineman signed LB 669, which contained a substantial number of amendments to Nebraska statutes relating to provision of courts services by the District Courts and County Courts.  The amendments reveal budgetary woes that have plagued other state court systems, such as Iowa and California, may have finally landed in Nebraska. Buried within a bill that amends no less than 25 statutes in the state of [...]

15 Nov, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part IV Potential Solutions and Arguments

2018-04-24T00:12:19-05:00November 15th, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

This is Part IV in a four part series.  Part I, Part II and Part III. Another flaw in per diem arguments is that they suggest pain can be equated to dollars and that a formula will justly compensate a plaintiff.  Note to the jury that unless plaintiff has established with credible evidence why a certain dollar amount should be applied to a particular time segment, perhaps the jury should [...]

11 Nov, 2011

Nebraska vs. Penn State – Perspective or Perseverance and Preservation?

2018-04-24T00:12:19-05:00November 11th, 2011|Nebraska Litigation & Trial Advisor|

After Huskers disheartening loss to a Northwestern team just about everyone believed the Huskers would beat, I immediately turned my thoughts to the angle for this blog and how the Huskers could still win the Legends Division and Big Ten Championship with it a bit perseverance and preservation.  As my first major college football experience and memories emanate from walking into a jam packed Beaver Stadium with my father, I was [...]

8 Nov, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part III Potential Solutions and Arguments

2018-04-24T00:12:19-05:00November 8th, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

This is Part III of a four part series.  Part I, Part II and Part IV. The jurisdictions that approved per diem arguments generally fall into two categories, the first declare per diem arguments proper; the second declare them proper only if accompanied by a cautionary instruction.  Courts holding per diem arguments proper, or proper with caution, do so for the following reasons: Per diem arguments do not constitute the introduction [...]

1 Nov, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part II The Richardson Decision and Its Potential Effect

2018-04-24T00:12:19-05:00November 1st, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

This is Part II of four part series.  Part I, Part III, and Part IV. The Baylor and Dowd decisions set the stage for the Nebraska Supreme Court’s opinion in Richardson v. Children’s Hospital, 280 Neb. 396, 787 N.W.2d 235 (2010) and Nebraska joining the majority of Courts which approve per diem arguments in one form or another.  In Richarson, Plaintiff made a blatant per diem argument.  During Plaintiff’s closing, counsel [...]

25 Oct, 2011

Per Diem Arguments in Nebraska post Richardson v. Children’s Hospital – Part I The History

2018-04-24T00:12:19-05:00October 25th, 2011|Closing Argument, In-House Counsel, Nebraska Litigation & Trial Advisor, Trial|

This is a four part series discussing the history and use of per diem arguments in the state of Nebraska. Part II, Part III and Part IV. Before the Nebraska Supreme Court’s outright approval of per diem arguments in Richardson v. Children’s Hospital, 208 Neb. 396, 787 N.W.2d 235 (2010), I often found myself channeling Oliver Stone’s chain smoking conspiratorial reincarnation of David Ferrie in the movie JFK during my attempts [...]

18 Oct, 2011

Honesty and Integrity – Two Keys to Working with In-House Counsel

2018-04-24T00:12:19-05:00October 18th, 2011|In-House Counsel, Nebraska Litigation & Trial Advisor|

The subject of securing work from corporate clients is the subject of numerous blogs and plenty of discussion.    However, what seems to get lost in the never ending desire to grow your practice and your business is maintaining and developing the relationships you have with existing clients.  This especially true when you add up the pressures of securing good results, establishing healthy relationships with the people who are responsible [...]