Congratulations to LDM Partner Catherine French McGill for being appointed to the Salvation Army of Omaha’s Advisory Board. The Salvation Army of Omaha serves the greater Omaha metropolitan area through its multiple worship centers and service locations, from feeding programs and homelessness prevention to mental health and older adult services. See the announcement.
Congratulations to attorney Ellen Geisler for being named Nebraska State Bar Association Young Lawyer Section Representative for District 4.
Lamson Dugan & Murray Partners, Anne Marie O’Brien and David Schmitt will be giving a webinar presentation on defending FELA toxic tort cases on October 20, 2021. The Webinar is sponsored by ASLRRA, the American Short Line and Regional Railroad Association.
On August 13, 2021, Partner Mark Novotny received the Lifetime Fellow of the Nebraska State Bar Foundation honor. This is given to Nebraska lawyers for their outstanding legal ability, leadership and dedication to the administration of justice through philanthropic gifts to the Bar Foundation. Congratulations Mark!
Congratulations to attorney Andrew Huber for being selected to the 2021 Great Plains Rising Stars list. This honor is reserved for those lawyers who exhibit excellence in the practice of law. Only 2.5% of attorneys in Great Plains receive this distinction. Congratulations Andrew!
Lamson Dugan & Murray LLP is proud to announce that 15 of their attorneys have been recognized in the 28th 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 William R. Settles Bet-the-Company Litigation William M. Lamson, Jr Closely Held Companies and Family Businesses Law [...]
Daniel Waters, Partner at Lamson Dugan & Murray LLP, will be presenting at the Ag Law Summit: Law, Tax, and Regulation in America on Friday, September 3, 2021 at Mahoney State Park in Ashland, Nebraska. Mr. Waters will be presenting on Farm Succession and Continuity Planning. His presentation will discuss the challenges of transitioning an agricultural business across multi-generations. This event is hosted by the Washburn University School of Law. [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
At this year’s annual meeting the Nebraska Defense Counsel Association recognized Daniel Chesire and Mark Novotny for their excellent work as defense trial attorneys. Dan received the Masters Emeritus Award and Mark received the Defense Counsel of the Year Award. Congratulations Dan and Mark! The Nebraska Defense Counsel Association is a state-wide association dedicated to serving the needs of their members. Membership is open to Nebraska attorneys who devote a [...]
The Federation of Defense & Corporate Counsel (FDCC) group, which is comprised of 1200 defense lawyers world-wide highlighted LDM Partner Daniel Chesire in their July 2021 newsletter. Download the Article
Lamson Dugan & Murray LLP announces the opening of a new office in Des Moines, Iowa. The opening of the Iowa office expands LDM’s geographic offering and further strengthens its existing Midwest offices. Expanding into Iowa will enhance the depth and breadth of services available to clients among our litigation and corporate practices. LDM also has offices in Omaha, NE and Lincoln, NE. Leading the Des Moines office will be [...]
The Small Business Stabilization Grant program has been extended until this Friday July 17, 2020 at 4:00 p.m. and is accepting new applicants (previous applicants are expected to be notified of the award status this week). Here is a press release put out by the Nebraska Department of Economic Development: DED Reopens Small Businesses Stabilization Grant Program with Expanded Eligibility They anticipate they can award up to 14,000 more grants [...]
More Congratulations! Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April. Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages. However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet [...]
On May 5, the Nebraska Supreme Court affirmed the jury verdict in favor of Union Pacific in Winder v. Union Pacific, a case tried by Anne Marie O’Brien, Daniel J. Hassing, and Andrew Reinhart. The Lamson Dugan team defended Union Pacific in the seven-day jury trial that focused on whether an allegedly inoperative handbrake violated the Federal Safety Appliance Act and caused or contributed to Kevin Winder’s injuries. The Lamson [...]
Congratulations to David J. Schmitt who was inducted as a member of the Nebraska Chapter of the American Board of Trial Advocates (ABOTA). According to its mission, ABOTA members are attorneys who display skill, civility and integrity. Membership is by invitation only, after ballot and restricted to trial lawyers who are of high personal character and honorable reputation. In addition, ABOTA members are required to compile a requisite number of [...]
Attorney Nelly Greenberg was a panelist in University of Nebraska Omaha (UNO)’s “Success Series: Life as a Lawyer.” The “Success Series” is a career exploration program that offers ways for students to explore different occupations and career paths. Nebraska Law alumni participated in the panel discussion to help students interested in pursuing law school understand what various practice areas are like, what lawyers do, what a typical day or week [...]
Congratulations to Laura Cejka who was name Legal Professional of the Year by the Omaha Legal Professionals Association. Laura has been at Lamson, Dugan & Murray for two years and she was nominated for her hard work and dedication not only to her attorneys and our Firm, but the legal profession as a whole. Partner Cathy Trent-Vilim who nominated Laura said “she is proactive, conscientious and genuinely cares about doing the [...]
More Congratulations! Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April. Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages. However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet [...]
Congratulations to Cathy S. Trent-Vilim for her success in getting summary judgment for her client in a legal malpractice action, and then obtaining summary affirmance of the trial court’s order by the Nebraska Court of Appeals.
Congratulations to Brian J. Brislen, Sarah F. Macdissi, Cathy S. Trent-Vilim and Spencer R. Murphy on their win at the trial court level and affirmance by the Nebraska Court of Appeals. Brian and Sarah succeeded in getting the suit, premised upon an unenforceable non-compete agreement, dismissed at the trial court level. On appeal, Cathy and Spencer succeeded in getting the trial court’s ruling summarily affirmed on grounds that the plaintiff’s [...]
A team of LDM partners worked together to obtain a successful outcome of a case at the trial court level, and then to protect the win on appeal. Patrick G. Vipond obtained a dismissal at the trial court level; Brian J. Brislen wrote a winning appellate brief; and Cathy S. Trent-Vilim argued the appeal to the Nebraska Supreme Court.
Cathy S. Trent-Vilim, prepared a successful appellant’s brief on behalf of firm client. The appeal resulted in the reversal of a near-seven figure jury verdict and the case was remanded for a new trial.
In January 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a lawsuit brought by a former mental patient against various mental health providers. Jason W. Grams argued the appeal on behalf of five of the providers. William M. Lamson, Jr. and Michael L. Storey orchestrated dismissal of the suit in the district court. The Eighth Circuit affirmed the dismissal on qualified immunity and [...]
In March 2017, Patrick G. Vipond and Sarah M. Dempsey obtained a summary judgment order dismissing a medical malpractice action. Mr. Vipond and Ms. Dempsey represented a hospital, a physician, and the physician’s medical practice in an action filed by a child and his family for medical malpractice. Mr. Vipond and Ms. Dempsey were successful in arguing that the plaintiffs’ expert witness was not qualified to give an opinion that [...]
The Creighton Law Review held its 2017 Symposium on Thursday, March 16. Lamson, Dugan & Murray sponsored the event, which focused on The Lawyer’s Leadership Role: A Tour of Legal Ethics. The speakers included Professor John McKay, Arnold J. Johnson, J. Scott Paul, and Adam White. Over 300 attorneys attended the Symposium and a reception was held afterward to celebrate Creighton Law Review’s fiftieth anniversary. Spencer Murphy, a former law [...]
In January 2017, Anne Marie O’Brien and Daniel J. Hassing received a defense verdict after a five day jury trial in Douglas County District Court. The Plaintiff had sued under the Federal Employer’s Liability Act, a federal statutory scheme governing workplace injuries for railroad employees working in furtherance of interstate commerce. The Plaintiff alleged that he had suffered whiplash injuries to his cervical spine when the locomotive he was sitting [...]
Congratulations to John M. Walker and Catherine E. French for obtaining a verdict, after a two day bench trial, finding that a petition filed against their client was frivolous. This resulted in an award of attorney’s fees and significant savings for their client.
Congratulations to Patrick G. Vipond and John M. Walker for obtaining a defense verdict after an 8-day medical malpractice trial. Plaintiff’s counsel requested the jury return a verdict in the amount of $7-15 million, but the jury returned a unanimous defense verdict after less than 3 hours of deliberations.
Congratulations to Partner Anne Marie O’Brien who received the National Association of Railroad Trial Counsel (NARTC) Outstanding Service Award. The award is designed to recognize members who provide exceptional and outstanding service to the NARTC. Anne Marie is the current Vice-President of the Central Region. She is a member of the NARTC Executive Committee, Future Planning Committee, Jury Instruction Committee, Site Selection Committee and Program Committee. She is a faculty [...]
LDM Partners Sean Minahan and Cathy Trent-Vilim recently put on their ‘acting shoes’ to assist Nebraska insurance agents by participating in a mock trial at the Big-I conference in Kearney, Nebraska. The mock trial, which was based on facts from former agent liability cases, was aimed at educating insurance agents on current E&O issues in the industry.
Ms. Trent-Vilim recently contributed two chapters to the updated Nebraska Appellate Practice Handbook: Chapter 18 (Writing Effective Briefs) and Chapter 20 (Creating an Effective Record for Appeal). The 2016 Handbook, published by the Nebraska State Bar Association, is now available and may be obtained from the NSBA’s online store.
The American Board of Trial Advocates, (ABOTA) has recently admitted Lamson Dugan & Murray, LLP partner, David Schmitt to its Nebraska chapter. The board is a national association of trial lawyers and judges committed to improving legal representation, promoting the art of advocacy and administering justice. Membership in the organization is by invitation-only and limited to trial attorneys, with extensive courtroom experience, who exhibit high personal character, an honorable reputation [...]
Jessica L. Weborg is an associate in the Firm’s Litigation Department. Ms. Weborg received her Bachelor of Arts degree in Political Science, with honors, from the University of Montana. She also interned for U.S. Senator Max Baucus at the U.S. Capitol and interned at his field office in Missoula, Montana. Ms. Weborg received her law degree from Creighton University School of Law, cum laude. Spencer R. Murphy is an associate in the [...]
Congratulations to LDM partners Cathy S. Trent-Vilim and Patrick G. Vipond, who recently obtained a summary judgment for their client. The client, an insurance agency, was sued by a worker’s compensation insurer who alleged an insurance agent misrepresented material information on an insurance policy application. The insurer alleged that had correct information been provided, the insurer would have never issued the worker’s compensation policy and would not have been required [...]
Bob Murray and Katie French of our office have just resolved a multi-million dollar case with the Internal Revenue Service in which the Service conceded the proposed imposition of excise taxes under I.R.C. § 4941(a)(1) and (b)(1). The case in point involved the early termination of a Charitable Remainder Unitrust (“CRUT”). The IRS conceded the issue of self-dealing after the taxpayers demonstrated that they had followed the rationale of a [...]
On August 30, 2106, partners Cathy Trent-Vilim and William M. Lamson, Jr. presented Creating an Effective Record for Appeal to the Appellate Practice Section of the Nebraska State Bar Association. Those in attendance received information about creating a record for a successful appeal.
Lamson, Dugan & Murray, LLP is proud to announce that 10 of its partners have been selected by their peers to be included in The Best Lawyers in America® 2017. William M. Lamson, Jr. Best Lawyers® 2017 in Bet-the-Company Litigation Best Lawyers® 2017 in Commercial Litigation Best Lawyers® 2017 in Medical Malpractice Law-Defendants Best Lawyers® 2017 in Personal Injury Litigation-Defendants Best Lawyers® 2017 in Litigation-Regulatory Enforcement (SEC, Telecom, Energy) Robert J. [...]
On May 9, 2016, partner Sean Minahan provided a presentation to the Nebraska Chapter Construction Specification Institute: https://www.csinebraska.org/about-us. Mr. Minahan’s presentation provided those in attendance information and real world examples of the legal issues created by the OSHA Multi-Employer worksite policy and indemnity clauses found in most construction contracts.
Ouch. That’s what a court called a contract to remediate petroleum contamination at a number of gas stations in New York. Sometimes, it’s hard to believe the contracts that get signed. Environmental Risk hired Science Applications to remediate petroleum contamination at 47 gas stations. Environmental Risk had previously entered into a Professional Services Master Agreement with Science Applications, but also required Science Applications to sign three separate, but basically identical, subcontracts called [...]
Sean Minahan, one of my partners, and I were discussing a construction dispute the other day and we commented again and again about the significant organization required to get a construction project to completion. From the contracts, to the schedule, to the funding—everything has to be in lock step or there will be problems that could bring the project to a halt, or worse yet litigation. The same is true [...]
A contractor learned a $12M lesson when it tried to change course on a Corps of Engineer river dredging project. The case also illustrates the importance of documenting problems on a project and providing notice of those problems to the owner. In Weston/Bean Joint Venture v U.S., Weston/Bean was awarded a Corps of Engineers project to provide maintenance dredging on the Miami River to a depth of 15 feet. [...]
I recently had a discussion with an insurer about whether defense costs were included within the policy limits of a client’s coverage or in addition to policy limits. This was an important discussion because if costs of defense were included in the policy limits, my client was going to exceed those policy limits in a hurry. How would this situation play out with your insurance? Fortunately, the majority of insurance [...]
I hope you and your family are enjoying some well earned time off this Thanksgiving. Today’s post provides me an opportunity to thank everyone who gave me ideas for the blog and I thank you for reading it. I’d also like to thank all of my construction clients from whom this blog is written. I appreciate the opportunity to assist you in your construction projects. Finally, we will be smoking, [...]
I had the pleasure of speaking at the National Association of the Remodeling Industry (NARI) Education Day earlier this month. During my presentation, “The Myth of the One Year Warranty”, we discussed the impact of arbitration clauses in construction contracts and who should act as arbitrator. While the American Arbitration Association is certainly a popular forum, there are others. For example, the New York Times recently wrote about a hardwood [...]
A recent case out of New Mexico highlights the importance for subcontractors to review their contract with the general and the contract between the general and the owner. In Centex/Worthgroup, LLC v. Worthgroup Architects, L.P, the architect claimed that the limitation of liability clause in the prime contract trumped the provisions of the subcontract. The court disagreed and ruled that the specific provision in the subcontract controlled. In the case, [...]
We all know the importance of filing a construction lien within 120 days of your last work. Nebraska Construction Lien Act, § 52-137. But, equally, if not more important is filing the construction lien on the correct property. Often times on a construction project, the exact address of the project may not be known. And, if there are a few buildings going up on the same general site, [...]
Fitness for Duty examinations can be an important part of an employer’s hiring and retention protocol. The Nebraska Supreme Court recently clarified when an employer may require applicants and employees to undergo fitness for duty examinations. In Arens v. Nebco, Inc., the court ruled that an employer must have a legitimate, nondiscriminatory reason for its demand that a current employee submit to a fitness for duty examination. In this case, [...]
I often advise clients on the use of E-Verify and the importance of getting policies and procedures in place to ensure compliance. This is particularly true for clients that do federal and state work. Now it’s my turn to follow my own advice. I was recently appointed to represent the Nebraska Board of Engineers and Architects. As such, I am a contractor for the State of Nebraska. That means I [...]
A recent case out of Missouri emphasizes the importance of providing notice to a surety when a bonded subcontractor is in default. When the question of whether a surety will be obligated under the bond is in the balance, notice is crucial. In CMS v. Safeco Insurance Company, Safeco provided a performance bond to a subcontractor for the benefit of CMS. The bond specifically provided: PRINCIPAL DEFAULT. Whenever the Principal [Subcontractor] shall be, [...]
You may know this situation all too well. You’ve submitted your certified claim to the contracting officer and there it sits. You ask for a decision and they say soon, but it’s not soon. And pretty soon, several months have gone by. Since the Court of Federal Claims’ decision in Rudolph and Sletten, Inc. v. U.S., the government may have to decide in 60 days or your claim will be [...]
