Appealing Litigation - Lamson Dugan & Murray LLP

22 Sep, 2021

The worst $333 never spent and the continuation of the common fund doctrine.

Cathy Trent-Vilim2021-09-23T10:19:15-05:00September 22nd, 2021|Appealing Litigation, Nebraska Litigation & Trial Advisor|

The common fund doctrine is alive and well in Nebraska, according to the Nebraska Supreme Court. In Hauptman, O’Brien v Auto-Owners Ins. Co., 310 Neb. 147, - - N.W.2d - - (September 17, 2021), an injured plaintiff’s law firm sued Auto-Owners, the plaintiff’s automobile insurer. The insurer refused to reduce its $1,000 medical payment subrogation interest pursuant to the common fund doctrine. Standard Practice The common practice in Nebraska is [...]

18 Oct, 2019

Five Reasons to Never Forego a Reply Brief

Cathy Trent-Vilim2019-10-18T10:21:11-05:00October 18th, 2019|Appealing Litigation, Appellate Work|

I was recently speaking with a member of the Nebraska Court of Appeals . During the discussion, the judge lamented how surprised he/she is that so few Nebraska attorneys file reply briefs. My jaw practically hit the floor. I simply could not believe attorneys forego a reply brief. Think about a reply brief the same way you would a rebuttal closing argument. As trial counsel, could you ever imagine yourself [...]

26 Jun, 2019

Mystery Solved – How Weyh v. Gottsch Clarifies and Harmonizes Nebraska law on Prejudgment Interest

Cathy Trent-Vilim2019-06-26T12:30:21-05:00June 26th, 2019|Appealing Litigation|

For some time, Nebraska case law on prejudgment interest has been a quagmire for both attorneys and litigants. Answers to whether, and under what circumstances, litigants could recover prejudgment interest on unliquidated breach-of-contract claims varied. Some cases said certain procedural processes had to be satisfied; others left the question open. It was also unclear how two statutes that both address prejudgment interest -- Neb. Rev. Stat. §§ 45-103.02 and [...]

5 Nov, 2018

Unique Tax Breaks for Individuals with Disabilities

Janae Hofer2019-01-01T11:09:24-06:00November 5th, 2018|Appealing Litigation|

We all know the saying—“When life gives you lemons, make lemonade.” One of the ways that individuals with disabilities can “make lemonade” out of the endless financial burden of living with a disability is by taking advantage of unique tax deductions available to them. Under the Tax Cuts and Jobs Act, the medical expense deduction floor of 26 U.S.C. § 213 was temporarily reduced from 10 percent to 7.5 percent. [...]

4 Oct, 2018

Can my Company Really Be Sued in Nebraska? A Short Discussion on Personal Jurisdiction

Michael Storey2018-10-10T13:21:10-05:00October 4th, 2018|Appealing Litigation|

Imagine Plaintiff John Doe has sued your company in, of all places, Nebraska. After consulting Google and confirming Nebraska does, in fact, have more cattle than people (6.6 million cattle to 1.8 million residents), you realize your company and have done little business in the State of Nebraska and has had limited contact with the state or its residents. So are you required to defend yourself in a Nebraska court? [...]

19 Jul, 2018

Disability Law: The Right to Visit Elderly or Disabled Relatives

Janae Hofer2018-08-15T16:25:43-05:00July 19th, 2018|Appealing Litigation, Disability Law, Nebraska Litigation & Trial Advisor|

At times, caregivers of elderly or disabled individuals, and family members of these individuals, may be at odds with each other. Among other struggles, caregivers may, at times, isolate the individuals from their loved ones. Nebraska recently enacted LB 122, a bill intended to prevent caregivers from arbitrarily denying visitation to a family member of a resident of a health care facility or an individual receiving care within any home [...]

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