Ryan P. Tunink, Attorney What is your definition of success? Success is improving each time you try something while finding joy in trying it. What's the most unique part about working at LDM? The most unique part of working at LDM, at least as an associate, is how quickly the firm helps you get practical experience at every step of the litigation process. The partners at LDM are [...]
Partner Adam R. Feeney presented at the Midlands African Chamber’s Xcelerator Program on November 7, 2023. The Xcelerator Program is an enterprise accelerator program designed to strengthen, energize, and support startups and small businesses led by BlPOC entrepreneurs in Nebraska and throughout the Midlands. Adam presented on different types of business entities and their potential pros and cons, as well as other business formation issues. He has represented clients in [...]
LDM is proud to share that the LDM Suit Scholarship has been extended to Drake Law School to help students put their best foot forward. Earlier this year LDM launched a suit scholarship for Creighton law students that is designed to reduce barriers to entry in the legal profession. Each scholarship is an award of up to $500 to help alleviate the financial burden of purchasing business professional attire for [...]
On Wednesday, October 18th, hundreds of distinguished members of the bench and bar, along with 14 attorneys from LDM, gathered in the Gold Coast Ballroom of the Kimpton Cottonwood Hotel in Omaha to celebrate the Nebraska State Bar Presidency of LDM Partner Jason W. Grams. Those in attendance celebrated Jason’s hard work and dedication to the Bar Association over the past year. After Jason summarized some of the [...]
Lamson Dugan & Murray LLP (LDM) received Legal Aid of Nebraska’s Equal Justice Partner Award which was presented to the Firm on Friday, October 6, 2023 at Legal Aid’s 60th anniversary celebration dinner. The Equal Justice Partner Awards were created in 2019 to honor firms, volunteers, and community partners who support Legal Aid of Nebraska’s mission to promote justice, hope, dignity, and self-sufficiency through quality civil legal aid [...]
Partner Daniel J. Waters presented at the Lauritzen Bank’s Lenders Meeting on September 28, 2023. His presentation focused on business succession planning with key points including the lender’s approach to business continuity planning and corporate governance. Dan’s practice focuses in the areas of estate planning, business succession planning, corporate governance, and commercial transactions. He regularly counsels closely held businesses and their owners. Click here to learn more about [...]
Attorney Ted T. Appel judged oral arguments conducted by first year law students of Drake Law School on September 26 and September 28, 2023 for the C. Edwin Moore Oral Advocacy Competition. These oral arguments are designed for law students in their first semester at Drake Law School to gain practical experience in the art of appellate advocacy and receive real time feedback on their advocacy from members [...]
Partner Janice M. Thomas and Attorney Bryony J. Whitaker recently presented at the 59th Annual Iowa Defense Counsel Association Conference. Janice Thomas’ presentation focused on trial from a juror’s perspective. She also provided tips and tricks to defense counsel, and how to portray their case. Bryony Whitaker shared a case law update on recent appellate decisions surrounding civil procedure and employment law.
Attorney Bryony J. Whitaker was recently elected as the New Lawyers Representative for the Iowa Defense Counsel Association (IDCA). This role includes being the voice for younger defense lawyers, organizing a deposition bootcamp, contributing to new legislation and assisting with the annual defense counsel conference. The IDCA’s mission is to be the trusted professional voice for the defense of civil litigants. Members of the IDCA include lawyers and [...]
Attorney Ted Appel recently went “on the road” with the Iowa Court of Appeals. In the following post, he shares with us his experience and how this initiative impacts our community. Q: For those who are not familiar, tell us what the Iowa Court of Appeals’ On the Road event is? ANSWER: Iowa’s court system is divided into three levels of courts: Iowa District Court, Iowa Court of Appeals, [...]
LDM Congratulates and Welcomes Attorneys Maddie C. Hasley, Spencer J. Mitchell and Diana Vazquez Ayala
LDM congratulates Maddie C. Hasley, Spencer J. Mitchell and Diana Vazquez Ayala on their recent achievements of being sworn in and joining the Firm as attorneys. Maddie is an associate in LDM's litigation department in the Firm's Omaha office. She graduated with distinction from the University of Nebraska College of Law where she was a Senior Member of the Moot Court Board. She also received the American Board of Trial [...]
Partner Cathy Trent-Vilim was recently invited to become a Fellow in the Academy of Appellate Lawyers. The Academy is an invitation-only association of respected appellate lawyers. Fellows face stringent membership criteria, undergo rigorous screening, and are approved by the Academy’s Board. Fellows must have 15 years of appellate practice and receive unsolicited nominations from two Fellows. After a rigorous vetting process, the Board of Directors votes on each [...]
Ellen K. Geisler, Attorney What is your definition of success? Working hard and seeing results. Results are not always immediate and often it is the slow day-to-day grind that pays off in the long run. Success does not happen overnight. What's the most unique part about working at LDM? There’s no one-size-fits all approach. In my experience, the firm embraces that each individual has different strengths that they [...]
Lamson Dugan & Murray LLP (LDM) welcomes attorney Austin C. Printz Austin Printz is a litigation attorney in LDM’s Omaha office. Prior to joining the Firm, Austin served in the Air Force Judge Advocate General’s (JAG) Corp for four years, where he assisted active duty and retired military members with preparing wills, solving landlord-tenant disputes, and providing guidance on divorce. He also represented the United States as a [...]
Lamson Dugan & Murray LLP recently promoted Sarah Rotermund as the Executive Director. Sarah, previously the Firm’s Director of Marketing, will now lead the day-to-day operations of the Firm in addition to her continued oversight of marketing initiatives. Sarah is a 40 Under 40 recipient and has over 10 years of experience helping businesses and individuals navigate marketing challenges in various industries. Her experience as an advisor for [...]
Ellen K. Geisler Successfully Defends Jury Trial on Damages, Obtains Verdict Below Pre-Trial Offer of Judgment
Attorney Ellen K. Geisler recently obtained a successful result at a jury trial on behalf of a driver involved in a motor vehicle accident in an admitted-liability case. The jury trial was solely on the issue of the nature and extent of Plaintiff’s injuries caused by the accident and the amount of damages that would compensate Plaintiff for those injuries. At the conclusion of trial, Plaintiff’s counsel asked [...]
Designed to help law students put their best foot forward and reduce barriers to entry in the legal profession, LDM launched the Suit Scholarship for Creighton University law students. The scholarship is an award of up to $500 to alleviate the financial burden of purchasing business professional attire for on campus interviews, open houses and other industry events law students may attend. The application, selection and award distribution will be [...]
Lamson Dugan & Murray LLP (LDM) welcomes attorneys Josh R. Baumann, Georgia R. Rice and Ryan P. Tunink. Josh Baumann joins LDM's Omaha office as a litigation attorney. His areas of expertise include medical malpractice defense, business dispute litigation, wrongful death, personal injury and insurance matters. Prior to joining the Firm, Josh was a Deputy County Attorney for the Douglas County Attorney's Office and subsequently practiced in civil matters for [...]
Partner Jason C. Palmer recently received a defense verdict representing the City of Urbandale in a personal injury claim regarding an alleged defective sidewalk. The plaintiff filed suit after tripping on a piece of elevated sidewalk causing a compound fracture of the wrist with a subsequent surgery inserting a plate and multiple screws.
Lamson Dugan & Murray LLP is proud to announce that 12 attorneys have been recognized in the 30th 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 Jason W. Grams Rick Harris (West Des Moines, IA) William R. Settles Cathy Trent-Vilim Closely Held Companies and [...]
Partner Jason C. Palmer recently presented “Health Emergencies, Drug Users and the Mentally Ill" to the Iowa Communities Assurance Pool (ICAP). His presentation addressed the management of inmates who might be demonstrating withdrawal symptoms - from any substance, including alcohol - while in custody. Click here to learn more about ICAP.
Partners Sean A. Minahan, Monte Schatz, Eric W. Tiritilli, and Daniel J. Waters presented a series of workshops focused on farm succession planning at the Farmers National Company’s 2023 Landowner Workshop Series. These nationwide workshops help landowners plan for the future, build their legacy and educate their families on succession planning. Click here to learn more.
Patrick G. Vipond and Denise M. Destache Obtain Summary Judgment Ruling in Favor of Doctors and Hospital in Medical Malpractice Action
Partners Patrick G. Vipond and Denise M. Destache recently obtained summary judgment dismissal on behalf of a Nebraska hospital, emergency room physician, and anesthesiologist in a medical malpractice lawsuit arising out of allegations of a delay in treatment. Key to the success was an understanding and analysis of the legal burdens and requirements for causation in medical malpractice actions in Nebraska. LDM’s defense effort involved two separate [...]
Lamson Dugan & Murray LLP is pleased to announce five attorneys have been selected to the 2023 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. 2023 Great Plains Super Lawyers Jason W. Grams - Business Litigation William R. Settles - Professional Liability: Defense Patrick G. Vipond - [...]
Partners Patrick G. Vipond and Michael L. Storey recently obtained a directed verdict at trial on behalf of an Iowa obstetrician. Plaintiff alleged that the obstetrician and a family medicine physician, who was represented by different counsel, failed to obtain informed consent when the obstetrician recommended that the diabetic mother proceed with a vaginal delivery for a baby with an estimated fetal weight of 10 pounds, 8 [...]
Andrew C. Johnson, Partner What is your definition of success? Success to me means finding happiness and fulfillment at work and at home. What's the most unique part about working at LDM? What has stood out to me most about LDM since joining this year is how engaged, thoughtful and hardworking the entire firm is. And, having so many knowledgeable, experienced attorneys to consult with in both Iowa [...]
Attorney Erin Artz presented at the Nebraska Business Development Center’s Minority Small Business Summit on June 8, 2023. This summit gives minority small business owners and entrepreneurs the chance to strategize network, participate in educational sessions, and connect to community resources. LDM was proud to sponsor this event which allowed everyone who attended a ticket at no charge. Erin gave an overview of the services LDM provides, how [...]
On June 8, 2023, Partner Craig Martin gave a presentation to the members of the Metro Omaha Builders Association (MOBA). Craig discussed how a construction contract is one of the best tools to get paid in full, and on time. He also talked about how contracts need to be reviewed from time-to-time and offered some tips on how to improve upon existing construction contracts.
LDM is happy to welcome five new Law Clerks - Anna Clark, Darlene Gomez, Kendra Sparby, Kelsey Schott and Zoey Shipley. Anna and Darlene have joined the Omaha office and Kendra, Kelsey and Zoey are working at our West Des Moines location. We welcome them, and are thrilled to have all of them on our team. Five new clerks, four different schools, one common goal, pretty exciting times here [...]
Law Clerks Maddie Hasley and Spencer Mitchell graduated from UNL College of Law on Saturday, May 20th. Maddie graduated with distinction and was selected as a member of Order of the Barristers. Spencer graduated with high distinction and a pro bono certificate. Congratulations to both on this achievement!
Partner Sean Minahan and attorney Olivia McDowell recently obtained summary judgment dismissal of a breach of contract action relating to custom oat baling work. LDM's clients, the plaintiffs, performed windrowing, raking, and baling of oats on the defendant's property pursuant to an oral agreement. Upon completion of the work, the defendant refused to pay for the custom baling. As a result, the plaintiffs brought suit for breach [...]
Partner Jason C. Palmer recently presented on the basics of cargo claims under the Carmack Amendment to the Auto Owners Insurance Company. 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.
Attorneys Erin Artz and Olivia McDowell recently returned to their alma mater, Mercy High School, to speak with an Advanced Placement US Government class about law school, lawyering and how law firms work. They also had an opportunity to speak with students who expressed interest in joining the mock trial team, which Olivia McDowell will be coaching this upcoming year.
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 [...]
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 [...]
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 [...]
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 [...]
Mark E. Novotny and Anne Marie O’Brien Approved by the Financial Industry Regulatory Authority (FINRA) to Serve as Qualified Arbitrators
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 [...]
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 [...]
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 [...]
Law Clerk Maddie Hasley received the Excellence in Trial Advocacy Award by the American Board of Trial Advocates (ABOTA) on Friday March 3, 2023 at the University of Nebraska College of Law Student Bar Association’s annual Meeting of the Minds event.
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.
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Cathy Trent-Vilim Published in the American Bar Association’s 2023 Winter Issue of the Council of Appellate Lawyers
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 [...]
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 [...]
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 [...]