Partner Adam Feeney was elected Treasurer to the NSBA’s Alternative Dispute Resolution Section. The section studies the different alternatives for dispute resolution and the circumstances in which they are likely to work. The section uses both recognized concepts of due process and the efficient administration of justice, and make recommendations with respect to the promotion and implementation of various means of dispute resolution to the Executive Council and the House [...]
Lamson Dugan & Murray is pleased to announce that Drew Engle, Ellen Geisler, Cameron Riecke, and Patrick Wier have joined the firm. Drew Engle is an associate attorney in the litigation department at Lamson Dugan & Murray. Mr. Engle graduated cum laude from Creighton University School of Law with a concentration in litigation. Mr. Engle was a member of the Creighton Law Review and served on the Executive Board of the Law Review [...]
The highway-spanning pedestrian overpass that links Creighton University with the student-dominated Atlas apartments will be officially named Tuesday in honor of two brothers whose mark can be seen at Creighton and across Omaha. As it so happens, one of those siblings already had a history with the bridge, and that tie dates back more than 40 years — before the almost 600-foot span was even built. In recognition of C.E. “Carr” [...]
LDM Attorney Patrick Wier was highlighed in the Fall 2019, Creighton Lawyer Magazine. The article, Spurred On, discusses a brother's challenge that eventually leads to a law degree for a cowboy-at-heart. Find the full story here: http://viewer.zmags.com/publication/d97c97ea#/d97c97ea/8
Craig Martin, a Partner at Lamson Dugan & Murray, was a presenter at the 2019 Real Estate Institute. He discussed how contract clauses can, and often do, create problems on construction projects. The presentation reviewed these clauses, the recent Nebraska Supreme Court case U.S. Pipeline v. Northern Natural Gas Co., 330 Neb. 444 (2019), and the court’s interpretation of contract provisions and conduct that can result in a waiver. The [...]
Today, the U.S. District Court for the District of Nebraska dismissed a railroad conductor’s retaliation claim. The conductor had reported an injury that he claimed stemmed from a specific incident occurring about 18-months before his report to his employer, the railroad. The railroad disciplined the conductor for late reporting and other violations of the General Code of Operating Rules. The conductor claimed he was retaliated against for reporting a work-related [...]
On August 26th, 2019, Partner Cathy Trent-Vilim served as moderator at the Opening of Term Seminar & Celebration event presented by the NSBA Appellate Practice Section. The event was held at the Nebraska State Capitol Law Library. The presenters included Hon. Jonathan Papik, Hon. John Freudenberg, Hon. William Cassel and Hon. Michael Heavican. The seminar was targeted to lawyers who practice appellate law, with a focus on the Nebraska Supreme [...]
Lamson Dugan & Murray is proud to announce that 13 of their attorneys will be recognized in the 26th 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. Bet-the-Company Litigation • William M. Lamson, Jr Commercial Litigation • Brian J. Brislen • Jason W. Grams • William M. Lamson, Jr. • Mark [...]
Partner Mark Novotny was elected to the NSBA's Executive Council, District 2. The Nebraska State Bar Association 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. The Executive Council consists of one delegate elected from each of Nebraska's six Supreme Court districts, a chair and chair-elect elected by the House of Delegates, [...]
Andrew J. Huber, previously of Dunmire, Fisher, Hastings & Pauley, has joined the law firm of Lamson Dugan & Murray as an attorney effective July 15th, 2019. Andrew will split his time practicing in Omaha, NE and Hastings, NE, as well as the surrounding Tri-City area. Andrew's practice focuses on general business, real estate, estate planning, corporate, trust administration and landlord-tenant law.
Congratulations to Partner Jason Grams on achieving a Martindale-Hubbell AV Preeminent Peer Review Rating. This is awarded to only those lawyers with the highest ethical standards and professional ability. Only approximately 10% of attorneys have achieved this prestigious honor! Jason joins 12 other lawyers of LDM achieving this honor. For more information on Martindale-Hubbell Peer Review Ratings, visit their Ratings and Reviews page.
Congratulations to LDM’s commercial and appellate litigators Brian Brislen, Adam Feeney, Dan Chesire and Cathy Trent-Vilim for obtaining an affirmance of a $1.2 M judgment for LDM’s client. Nebraska Supreme Court announced the ruling on June 7, 2019. In addition to the $1.2 M judgment, the trial court awarded prejudgment interest of approximately $900,000. In a 38 page opinion, on an issue of first impression, the Supreme Court adopted LDM’s [...]
Daniel C. Pauley, previously of Dunmire, Fisher, Hastings & Pauley, has joined the law firm of Lamson, Dugan & Murray as a partner effective June 1st, 2019. Daniel will split his time practicing in Omaha, NE and Hastings, NE, as well as the surrounding Tri-City area. Daniel’s practice focuses on general business, real estate, commercial, corporate, estate planning and probate law. Daniel and the Lamson, Dugan & Murray firm plan [...]
We are very excited to announce that Lamson Dugan & Murray has acquired the Sattler & Bogen law firm in Lincoln. Partner Nichole Bogen, Attorney Tyler Spahn, and Legal Assistant Leticia Atkinson have joined LDM. This office will remain in Lincoln, Nebraska under the Lamson Dugan & Murray name and located at 701 P Street, Suite 301, The Creamery Building in Lincoln. Please join us in welcoming our newest location [...]
Stacy L. Morris of Lamson Dugan & Murray, chair of the Omaha Bar Association Memorial Committee, gives the call to order at the OBA’s annual Memorial Day Program in the legislative chamber of the Omaha-Douglas Civic Center on May 10, 2019. (Photo by Scott Stewart) Read story here: http://www.omahadailyrecord.com/
Daniel Hassing and Anne Marie O’Brien recently won a motion for summary judgment in the Southern District of Texas. This success came in an action under the Federal Employer’s Liability Act, a federal statute granting a cause of action to railroaders working in furtherance of interstate commerce. The case involved a widow who alleged that her late husband developed colon cancer as a result of occupational exposures while working for [...]
Congratulations to Partner John Walker, who was recently elected to the Board of the Regency HOA. John has long represented both HOAs, and homeowners in disputes with their HOAs, allowing him to bring unique perspective to his newly elected position. Partner John M. Walker
Thank you to all of our Administrative Professionals for your hard work, tireless effort, and every day enthusiasm. Your work is key to our success! Vonnie Lorenson, Cassandra Kuhr, Jan Grisinger, Jeanna Lichtenberg, Amy Kluza, Natale Sipple, Kim Wike, Kathy Poskevich, Laura Cejka, Kelly Busboom, Christie Donnermeyer, Debra Tweed, Michele Rambousek, Judy Ray, Connie Harrold, Patty Morgan, Shelli Eden, Tracey Shughart, Doris Crayton, Kris Flott, Kate Fenton, Evelyn Owens, Peg [...]
LDM attorney Mike Storey recently won a defense judgement in a jury trial for an underinsured motorist claim. The plaintiff claimed injuries related to a motor vehicle accident and had already received a total of $105,000.00 in liability payments from the other driver’s insurance policy. At trial, plaintiff sought a total recovery of $289,000.00 for her alleged injuries. After a 3-day trial in the District Court of Douglas County, where [...]
LDM is pleased to announce that partner Bill Settles has been certified as a member of Lawyers of Distinction for 2019. Lawyers of Distinction is recognized as the fastest growing community of distinguished lawyers in the United States. Lawyers of Distinction offers membership to less than 10% of attorneys in any given state. Membership is based upon peer recommendations and an objective analysis of an attorney’s qualifications, reputation, experience, and [...]
Please join us for an information seminar focusing on sexual harassment in the workplace. #Metoo written on wooden cubes
Mark Novotny and Sarah Dempsey recently won a motion for summary judgment, obtaining the dismissal of a medical malpractice case filed against an orthopedic surgeon. The case arose out of a knee replacement surgery. The plaintiff alleged that the nurses from the hospital and the defendant surgeon had negligently left a piece of sponge behind in the knee following surgery. Mr. Novotny and Ms. Dempsey successfully argued that the claim [...]
LDM partner Bill Settles recently won a unanimous defense verdict in a medical malpractice case against an orthopedic surgeon in Sidney, Nebraska. The patient claimed she suffered a pressure ulcer on her heel because the surgeon misapplied a posterior splint following ankle surgery. After Mr. Settles’ presentation, the jury only took an hour to reject this claim. Interestingly, the trial was disrupted by the worst blizzard in Sidney in the [...]
Lamson, Dugan & Murray, LLP is proud to announce a significant settlement of a long-pending industrial product defect case. Representing their Fortune 500 client, LDM attorneys Bill Lamson, Jason Grams, and Mike Storey brought suit against a supplier and, after over three years of litigation, negotiated payments to LDM’s client of $50 million and a resumption of the parties’ business relationship. The case involved over three million units of products [...]
Partner Dave Schmitt successfully secured summary judgment dismissal in a crossing accident case in Iowa. The case involved an individual who ignored lowered crossing gates at an Iowa railroad crossing and ran across tracks when this individual was struck by the front corner of an oncoming train. Fortunately, the individual survived and quickly recovered from her physical injuries, although plaintiffs also claimed the individual suffered psychological, cognitive and behavioral difficulties [...]
Mark Novotny and Sarah Dempsey recently obtained the dismissal of a medical malpractice case filed against an orthopedic surgeon and his clinic arising out of a wrist surgery. The plaintiff had attempted to assert the claim as a claim for battery in an attempt to use the longer statute of limitations for the alleged intentional tort instead of the expired statute of limitations for alleged professional negligence. Mr. Novotny and [...]
Lamson Dugan & Murray LLP would like to announce that attorney Craig F. Martin has rejoined the firm as a partner in the Construction Law Practice Area. Mr. Martin practiced law at Lamson Dugan & Murray for more than seven years before becoming Vice President and General Counsel at a long time client. Mr. Martin focuses his practice on construction law, and has extensive experience dealing with complex construction claims [...]
On February 14, 2019, Attorney Mike Storey presented for an hour at a member luncheon for the Independent Insurance Agents of Omaha. The topic, “Recent Court Cases Affecting E&O Claims,” focused on the recent decision in Hansmeier v. Hansmeier, 25 Neb. App. 742 (2018). The presentation explored and compared various Nebraska cases to create helpful rules of thumb to avoid future E & O claims. Mr. Storey, as well as various [...]
Lamson Dugan & Murray Announces Catherine E French, Maria T Lighthall, and Adam R Feeney as Partners
Lamson Dugan & Murray is pleased to announce that attorneys Catherine E. (Katie) French, Maria T. Lighthall, and Adam R. Feeney have become partners of the Firm as of January 1, 2019. Katie French Bio: https://www.ldmlaw.com/profiles/catherine-e-french/ Maria Lighthall Bio: https://www.ldmlaw.com/profiles/maria-t-lighthall/ Adam Feeney Bio: https://www.ldmlaw.com/profiles/adam-r-feeney/
LDM attorneys Cathy Trent-Vilim and Janae Hofer published a featured article in the January 2019, The Voice, Vol 18 Issue 4. The article offers extrinsic evidence on Rule 12 motions. See the article below. Beyond the Pleadings: Offering Extrinsic Evidence on Rule 12 Motions: voice_1_30_19
Katie French is providing another FREE opportunity to see her presentation on Legal Planning for Parents. It will take place on Wednesday February 20th. The discussion will focus primarily on planning for parents with minor children, but also provide an overview of the process of probating a will, as well as what happens if you die without a will. Here is the link to RSVP, space is limited based on [...]
LDM Partner Jason Grams published a featured article in the Jan/Feb 2019, The Nebraska Lawyer, Vol 22 No 1. The Little Things That Kill Credibility in Court Papers: TheLittleThingsThatKillCredibilityinCourtPapers
LDM Partner Cathy Trent-Vilim coauthored two featured articles in the Jan/Feb 2019, The Nebraska Lawyer, Vol 22 No 1. The Demise of the Collateral Order Doctrine in Nebraska: TheDemiseoftheCollateralOrderDoctrineNebraska Looking Beyond the Pleadings: LookingBeyondthePleadings
Lamson Dugan & Murray participated in No-Shave November to help raise money to support Omaha's Children's Hospital & Medical Center - Hematology/Oncology program. The goal of No-Shave November is to grow awareness by embracing our hair, which many cancer patients lose, and letting it grow wild & free. The firm had 19 attorneys and support staff participate in the month long charity event and together raised $2,076.00 for Children's Hospital!
On Saturday, November 3, LDM Partner Bob Murray was inducted into the Nebraska State Soccer Association’s Hall of Fame! In the late 80’s, Creighton was in danger of losing its NCAA accreditation because it did not have at least 7 Division 1 programs for both men and women. Bob convened a group of individuals to approach Father Morrison (then President of Creighton University) to offer a solution to the NCAA [...]
LDM Attorney Liz O’Connor has been elected as the new Regent to the University of Nebraska for District 4. She swept her opponent, obtaining 72% of the votes from District 4. Liz is the fifth ever woman to serve on the University Board of Regents since its creation in 1869 This Board provides governance and oversees the University’s $2 Billion budget for its four campuses—UNL, UNK, UNO, and UNMC. Eight [...]
Attorneys Sean Minahan and Karson Kampfe recently successfully defended their client on a negligent construction claim in the Sarpy County, Nebraska District Court. A property owner had claimed the contractor had negligently completed a large landscape project and refused to pay the contractor the final two invoices. After 4 days of evidence, the jury took 2 ½ hours to find against the home owner and award the contractor the full [...]
LDM Partner Bill Settles won his 44th jury trial when a Douglas County jury returned a unanimous verdict in favor of his clients on November 5, 2018. The plaintiff alleged that Mr. Settles’ clients failed to diagnose her breast cancer for over a year, causing the cancer to grow to an advanced stage when it was eventually diagnosed. Mr. Settles defended this difficult and emotional case by presenting top experts [...]
Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, has assumed the position of Co-Chair for the Nebraska State Bar Associations Appellate Law section. The purposes of the Appellate Practice Section are (1) to promote the role and enhance the skills of Nebraska appellate lawyers to best serve clients, and (2) to improve the practice of appellate law in Nebraska. Congratulations Ms. Trent-Vilim!
On October 26th, a twelve person jury returned a unanimous verdict in under three hours in favor of the clients of Partner and trial counsel Mark Novotny in Saline County District Court. The case alleged that the death of a 17 year old girl was caused by medical malpractice. The tragic case involved a rare form of necrotizing pneumonia following influenza. Mr. Novotny provided the jury overwhelming evidence that the [...]
Congratulations to John Walker and Cathy Trent-Vilim for their recent success before the Nebraska Court of Appeals. At the trial court level, Mr. Walker successfully represented a guardian ad litem in a hotly-contested guardianship proceeding, including obtaining an award of attorney fees on grounds that the proceedings to unseat the guardian were frivolous. Ms. Trent-Vilim assisted Mr. Walker of the appeal, resulting in the affirmance of the trial court decision.
Bill Lamson and Denise Destache represented a Certified Registered Nurse Anesthetist (CRNA) at trial beginning on August 20th . After a 5-day trial, the jury found for the CRNA in less than 1 hour! The case involved a patient who had been hospitalized for complications of alcohol abuse. The patient’s family sued the CRNA, alleging that a medication given prior to an emergency intubation caused the patient to suffer a [...]
And they didn’t even wait for lunch! Partner Mark Novotny just won a medical malpractice jury defense verdict in the District Court of Buffalo County (Kearney), Nebraska. After four days of trial, the jury started deliberations on Friday at 11:05 a.m. The jury returned a unanimous verdict in favor of the defense at 11:30 a.m. Twenty-five minutes!
Best Lawyers in America has named twelve Lamson Dugan & Murray LLP attorneys in The Best Lawyers in America 2019 Edition. The recognition of “Best Lawyers in America” 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. Attorney Daniel P. Chesire of LDM, was awarded [...]
Mark Novotny and Sarah Dempsey recently obtained a dismissal of a medical malpractice case. The plaintiffs filed the case against a physician and his medical practice. Mark and Sarah convinced the court to dismiss the case, arguing that the plaintiffs had failed to timely serve their clients with the lawsuit. The court agreed and held that the case was dismissed by operation of law.
LDM recently secured affirmance of a judgment in its client’s favor. The case related to the value of a departing partner’s ownership interest in a national law firm. LDM’s trial team – consisting of Brian J. Brislen and Daniel P. Chesire – alongside co-counsel James J. Banks of Banks & Watson in Sacramento California, persuaded the court to adopt the client’s position on all issues raised by the departing partner. [...]
LDM attorneys Cathy Trent-Vilim and Mark Novotny successfully defended the grant of a summary judgment before the Nebraska Court of Appeals. In the case, the estate of a resident of a nursing home filed suit alleging the resident (who had been battling cancer for many years and been given a terminal diagnosis) fell on the premises and died as a result of the fall. The trial court found, and the [...]
Adam Feeney, an associate at Lamson Dugan & Murray LLP, has been accepted into the NSBA Leadership Academy. The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make grater contributions to the legal profession and their community. For more information about the academy, please go to https://www.nebar.com/page/Leadership.
The Korths’ house painted blue. Photo courtesy of John Walker. Probate & Property March/April 2018 Vol.32 No. 2 edition Restrictive Covenants: Painting Is Not An “Improvement” Requiring Approval Under Restrictive Covenant. In, 2004, the Korths purchased a residential lot subject to restrictive covenants and submitted plans to paint their house blue, but acquiesced to the developer’s denial of the proposed paint color and insistence on an earth tone. Nonetheless, ten [...]
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. The event will be held at the Courtyard Omaha Aksarben Village here in Omaha. For more information please go to the seminar webpage: Civil Trial: Everything You Need to Know.