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.
Dismissal of Suit Against Psychiatrists and Psychologists Affirmed by the Eighth Circuit Court of Appeals
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 [...]
Cathy Trent-Vilim and William Lamson, Jr. Present to the Appellate Practice Section of the Nebraska State Bar Association
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: http://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.
Lamson, Dugan & Murray, LLP is proud to announce that 11 of its partners have been selected by their peers to be included in The Best Lawyers in America® 2016. In addition, William Settles has been recognized as "Lawyer of the Year" in a respective field, where only a single lawyer in each specialty in each community is honored. William M. Lamson, Jr. Best Lawyers® 2016 in Bet-the-Company Litigation Best Lawyers® [...]
LDM Partner William M. Lamson, Jr. and associate Sarah M. Smith successfully prosecuted an arbitration on behalf of a corporation against a former vendor. The corporation claimed that the vendor had submitted fraudulent billing in conspiracy with a former employee as part of a kickback scheme. The arbitrator found in favor of the corporation on all of its claims, awarding $2.6 million in damages. The Firm congratulates Mr. Lamson, Ms. [...]
Partner Mark Novotny and Law Clerk Ryan Crnkovich were recently published in the Patient Safety Solutions “Advisory”, April 2015 edition summarizing Nebraska minor consent laws. Mr. Novotny and Mr. Crnkovich summarize the age of majority laws in Nebraska and discuss the statutory and case law authority for minors discussing emancipation, marriage, organ donation, sexually transmitted diseases, mental health and substance abuse, emergency treatment, abortion, contracts, leases, powers of attorney for [...]
Partner Craig Martin Installed as Member of Board for Associated Builders and Contractors, Cornhusker Chapter
Craig Martin is a new member of the board for the Associated Builders and Contractors, Cornhusker Chapter. ABC is a leading voice promoting free enterprise within the construction industry and promotes "merit shop", a philosophy that awards work to the most qualified and lowest bidder regardless of labor affiliation.
David Schmitt received his Master of Laws (LLM) degree from the University of Nebraska's Space, Cyber and Telecommunications Law program in 2013. This program which was started in 2008 has had 42 lawyers graduate since its inception. Click here to read more about NU's "space law" program and Mr. Schmitt's interview with the Omaha World Herald regarding his cyber law practice.
Brian Brislen and Dan Waters will be presenting on a variety of subjects at an NBI Seminar to be held on May 5, 2015 at the Scott Conference Center. The seminar, “Partnership and Shareholder Disputes from Start to Finish” will guide participants through ownership conflicts in family-owned and closely-held businesses. For more information, please click here.
Sean Minahan presented at a CLE on the issues of Negotiating an Equitable Crop Share Leases and Livestock Agreements: Cash Lease and Share for the National Business Institute. For further information, please check out the following links: Livestock Presentation Crop Share Presentation
Sean Minahan, a fellow of LEAD 31, presented at the 2014 LEAD Alumni Conference on January 17, 2015 in Kearney, Ne. The presentation topic was an explanation of the proposed changes to the EPA's definition of "Waters of the United States" under the Clean Water Act. The Nebraska LEAD Program began 33 years ago to develop future agricultural leaders in Nebraska. You can learn more about this program at http://lead.unl.edu/.
We are pleased to announce that Craig Martin has been named "Rookie of the Year" by the National Association of the Remodeling Industry, Nebraska Chapter. Mr. Martin has also been elected to its Board of Directors.
On July 1, 2014, Jason Grams became president of the Omaha, Nebraska chapter of the American Inns of Court. The Robert M. Spire American Inn of Court is a distinguished group of judges, lawyers, and law students dedicated to the development of civility, ethics, professionalism, and excellence in the legal profession. Jason previously served as treasurer and president-elect of the Inn.
Jason W. Grams graduated from the Nebraska State Bar Association’s Leadership Academy on July 18, 2014. The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make greater contributions to the legal profession and their community. Academy participants engage in day-long monthly seminars on a variety of topics including (1) leadership skills, (2) governance/community service, (3) legislative session, (4) interacting [...]
LDM Partner John Walker successfully defended a motor vehicle negligence jury trial in the Lancaster County District Court. The jury returned a verdict favorable to LDM’s clients. The Plaintiff’s attorney requested the jury return a verdict of $25,000. Mr. Walker recommended $4,000 or a lesser amount if the jury felt it appropriate. The jury returned a verdict of $3,508.41. This amount was less than an offer to confess previously filed [...]
Jason W. Grams has completed the NARTC’s 2014 College of Railroad Trial Advocacy. The college is a seven-day immersive mock trial experience involving small groups of students instructed by highly experienced railroad trial lawyers. Approximately 30 students are selected annually for the college, which is held at the Four Seasons hotel in Irving, Texas.
Jason Grams Appointed Nebraska Representative to the Advisory Committee of the US Court of Appeals for the Eighth Circuit
Effective January 1, 2014, Eighth Circuit Chief Judge William Jay Riley appointed Jason W. Grams to a four-year term as the Nebraska member of the Federal Advisory Committee to the Eighth Circuit Court of Appeals. Established by 28 U.S.C. § 2077(b), the committee’s primary purpose is to make recommendations to the court regarding its rules and operating procedures. Jason will also serve on the attorney admission fee fund subcommittee. His [...]
Partner Craig Martin will be presenting to the American Society of Professional Estimators (ASPE) on October 8th on the differences between Litigation and Arbitration, and how Mediation can factor into both. He will also be reviewing contract language and the impact that language can have on how a company may pursue or defend claims on a project.
LDM Partner Cathy S. Trent-Vilim recently obtained an arbitration award in her Client’s favor in a crop insurance case. The claimant alleged that the crop insurer improperly removed the claimant’s New Producer status, resulting in an overpayment of indemnity benefits. The parties agreed to proceed under expedited procedures and to submit the matter to the arbitrator in writing. Three business days after the claimant submitted his rebuttal submission, the arbitrator [...]
Lamson, Dugan & Murray is proud to announce that 7 of its partners have been selected by their peers to be included in The Best Lawyers in America® 2015. In addition, 2 partners have been recognized as “Lawyer of the Year” in their respective fields, where only a single lawyer in each specialty in each community is honored. William M. Lamson, Jr. Best Lawyers® 2015 in Bet-the-Company Litigation Best Lawyers® [...]
LDM Partner Bill Settles recently completed a weeklong medical malpractice jury trial in the Lancaster County District Court. The jury returned a verdict in favor of LDM’s clients, two orthopedic surgeons from Lincoln, NE. The case involved the treatment of a complex ankle fracture in a fifteen year-old patient. The patient developed a growth arrest in the ankle and required surgery to correct the resulting deformity. He went on to [...]
Partner Dave Schmitt published an article in the Creighton Law Review: David J. Schmitt, The Computer Fraud And Abuse Act Should Not Apply To The Misuse Of Information Accessed With Permission, 47 Creighton L. Rev. 423 (2014). The article analyzes the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which has been the subject of conflicting and contrary judicial interpretations as to whether it is limited to violations of [...]
Partner Denise Destache presented at the Nurse Leader Immersion Weekend sponsored by the University of Nebraska Medical Center at its Kearney campus on June 28th. The presentation was on legal issues in nursing and included lecture, case evaluations, and mock depositions. The seminar was attended by nurse administrators, nurse educators, and nurses enrolled in advanced practice nursing programs.
Partner Brian Brislen presented What I Learned About Litigation From Teaching Trial Advocacy at the Nebraska Defense Counsel Association's Annual Meeting on June 6, 2014, at Wilderness Ridge Golf Course in Lincoln, Nebraska. Mr. Brislen currently serves as an adjunct faculty member for Creighton School of Law and has taught trial practice classes and legal writing and lawyering skills.
Michael Storey has joined our Litigation Department as an associate attorney. He received his law degree from St. Louis University School of Law and bachelor's degrees in Accounting and Finance from Creighton University. Mr. Storey worked two years for the Nebraska Supreme Court as a clerk to the Honorable Michael McCormack prior to joining the Firm.
On May 14th, Denise Destache presented to the Nebraska Organization of Nurse Leaders (NONL). The members of NONL are nursing leaders from Nebraska health care facilities, agencies, and colleges of nursing. The topic of the presentation was "The Role of Nurse Leaders in Preventing and Responding to Malpractice Claims.
We are pleased to announce that our Construction Contractor Advisor blog was selected as the 2014 Best Construction Blog by Construction News and Report Group. You can see the blog by clicking here. The judges for the competition evaluated the competitors’ blogs for frequency, design, writing quality and relevance, and found our Construction Contractor Advisor blog to be a good resource for all things related to construction law.
Cathy Trent-Vilim joins the Omaha Network (ON). Started in 1979, the Omaha Network is an invitation-only, limited membership networking group for business women in Omaha.
On April 10, 2014, Ryan Crnkovich won the championship round of Professor R. Collin Mangrum's annual trial competition at Creighton University School of Law. Ryan, along with his partner Skyler Pearson, competed in seven trials during the course of the competition before being named the tournament champions. The competition took place over the course of four weeks, with over forty second year law students competing in the tournament. The winners [...]
From March 24-26, 2014, Sarah Smith traveled to Washington, DC to participate in the Arthritis Foundation’s annual Advocacy Summit. Ms. Smith has been involved with the Arthritis Foundation for over a year and was asked to lend her advocacy skills in support of the Foundation. While attending the Summit, Ms. Smith met with Nebraska Members of Congress and their staff to discuss policy initiatives that the Foundation supports. She will [...]
Kristine Flott, a legal administrative assistant with LDM since 1998 has been named OLPA Legal Professional of the Year. The Omaha Legal Professionals Association receives nominations each year and selects one professional through letters of recommendation and votes by legal professionals in the community. We are proud of Kris and her accomplishments at LDM and her involvement with OLPA.