Attorneys Tyler Spahn and Nichole Bogen obtained the dismissal of a Federal Railroad Safety Act (“FRSA”), § 20109, complaint on behalf of the railroad following a hearing before a U.S. Department of Labor Administrative Law Judge. The employee claimed his dismissal from the railroad for being absent without leave was discrimination for reporting work-related injury and argued that he only had to show he attempted to comply with the railroad’s leave [...]

Please take time to check out our newly added COVID-19 Resource Center link on our website.  We have recently set up the Resource Center as an important site to provide information to our clients as to how the pandemic may affect their personal life, business and any current or future legal issues.  Please take a look and let us know if you have any questions that we can assist you [...]

Craig Martin, a partner at Lamson Dugan & Murray LLP, was the keynote speaker at the Construction Law Seminar hosted by Goldleaf Surety Services on Tuesday, March 10th. Goldleaf Surety Services helps contractors and other businesses obtain the assistance needed to secure bonds. Mr. Martin discussed the following topics: Contract Clauses—What they mean and suggestions to revise the contract Chasing Payment—Following the contract, filing a lien, and litigation This seminar [...]

On an issue of first impression, the Nebraska Supreme Court recently held that the district court lacked general personal jurisdiction over a corporation in Nebraska for an injury occurring in Texas. In Lanham, the plaintiff injured himself when he struck and broke his foot with a sledgehammer while removing clips on a track project near Houston, Texas. At the time, he was a resident of Nebraska working on a Texas [...]

Craig Martin, a partner at Lamson Dugan & Murray LLP, was a presenter at the 2020 NUCA of Nebraska Annual Conference & Projects Preview. The National Utility Contractors Association of Nebraska is the leading trade association and voice for the utility construction and excavation industry in Nebraska. It serves as the driving force for improving conditions in the underground utility construction industry, for both open-cut and trenchless contractors. Mr. Martin presented on [...]

Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, served as a panelist at the American Inns of Court presentation for the Omaha, Nebraska, chapter on Monday, February 3rd. The presentation, “Write Right,” discussed writing concisely, the importance of proofreading and revisions, legal ethics and writing, and resources for good writing. The event was held at Creighton University. The American Inns of Court provides a unique opportunity for newer [...]

Partner Anne Marie O’Brien and Partner Nichole Bogen recently attended and participated in the National Association Railroad Trial Counsel’s (NARTC) winter Executive Committee meeting in Washington D.C. The NARTC is a 65 year old organization made up of the top railroad trial attorneys from across the United States and Canada. Membership in NARTC is limited to lawyers who handle litigation and/or related matters for railroads or their affiliated entities, or [...]

On January 9, 2020, LDM Attorney, Mike Storey, obtained a unanimous defense verdict after a three-day jury trial in the District Court of Douglas County, Nebraska.  At trial, the plaintiffs sought $100,000.00 in damages for injuries, including PTSD and anxiety, as a result of a motor vehicle accident involving plaintiff’s vehicle and two other vehicles.  Mr. Storey convinced the jury that his client was not negligent and that the accident [...]

Lamson Dugan & Murray LLP is pleased to announce that attorneys Daniel J. Hassing and Sarah M. Dempsey have become partners of the Firm as of January 1, 2020. Sarah Dempsey is an attorney in the litigation department at Lamson Dugan & Murray LLP in Omaha, Nebraska. Her practice focuses on personal injury defense, professional liability defense, and business litigation. Ms. Dempsey has successfully defended clients in car accident cases, [...]

Here's proof:  More than 100 local professionals have earned the exceptional Chartered Advisor in Philanthropy designation. This means 106 people from careers in law, finance, nonprofit development, and others have been trained on the intricacies of philanthropy since 2012.  The Chartered Advisor in Philanthropy program is a graduate-level, rigorous year-long course administered by The American College in Bryn Mawr, Pa., and is led locally by the Omaha Community Foundation and [...]

The Gilbert C Swanson Foundation has announced a change in leadership with retirement of some of its long-term directors and officers and the addition of new directors. President of the Board Timothy C. Fitzgibbons, MD, Vice President William M. Lamson, Jr., Secretary Jack A. Stark Ph.D., and treasurer Ms. Colleen Warin will retire from the Board after many years of service. Mary Anne Holm will remain on the Board. Recently [...]

Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, spoke at the NATA seminar on Friday, December 6th, 2019.  Her presentation, “Properly Preserving the Record on Appeal, Appellate Tips and Practices, and What is a Final Order?” discussed many steps in the appeal process. The Nebraska Association of Trial Attorneys (NATA) is dedicated to the improvement of trial practice,  preservation of the jury system, and quality continuing legal education.  [...]

At the annual meeting, Nichole Bogen was elected Vice Chair of the Nebraska State Bar Association’s Labor Relations and Employment Law Section. This is her second year of serving on the executive committee. The section is comprised of lawyers who practice or have an interest in labor relations and employment law. The section provides a forum for the discussion and development of substantive and procedural laws relating to the field [...]

Craig Martin, a partner at Lamson Dugan & Murray LLP, presented at Metro Omaha Builders Association in October and the Nebraska Chapter of the Construction Specifications Institute in November. Mr. Martin spoke on the Anatomy of a Construction Lawsuit at the MOBA event and on Construction Contract Clauses at the CSI Nebraska event. Both events were held in Omaha, Nebraska. Mr. Martin focuses his practice on the construction industry, representing [...]

Kyle Wallor, a Partner at Lamson Dugan & Murray LLP, was one of 13 presenters at the 2019 National Association of Railroad Trial Counsel fall meeting .  NARTC is an organization of railroad trial attorneys across the United States and Canada.  NARTC provides a forum in educating, training, and assisting trial lawyers who represent railroads in litigation.  Mr. Wallor’s presentation, “Wait: What Do You Mean You Got Caught? Surveillance – [...]

LDM partners Cathy Trent-Vilim and Adam Feeney published a featured article in the November/December 2019, The Nebraska Lawyer, Vol 22 Issue 6.  The article relates to the Nebraska Supreme Court's clarification of decades of confusing case law related to prejudgment interest. Link to the article: https://cdn.ymaws.com/www.nebar.com/resource/resmgr/nebraskalawyer_2017plus/2019/novemberdecember/TNL-1119c.pdf Nebraska Supreme Court Shows the Weyh forward on Recovery of Prejudgment Interest Earlier this year, in Weyh v. Gottsch, the Nebraska Supreme Court clarified [...]

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:  https://viewer.zmags.com/publication/d97c97ea#/d97c97ea/8