Partner Dave Schmitt successfully secured summary judgment dismissal in a crossing accident case in Iowa. The case involved an individual who ignored lowered crossing gates at an Iowa railroad crossing and ran across tracks when this individual was struck by the front corner of an oncoming train. Fortunately, the individual survived and quickly recovered from her physical injuries, although plaintiffs also claimed the individual suffered psychological, cognitive and behavioral difficulties [...]
Mark Novotny and Sarah Dempsey recently obtained the dismissal of a medical malpractice case filed against an orthopedic surgeon and his clinic arising out of a wrist surgery. The plaintiff had attempted to assert the claim as a claim for battery in an attempt to use the longer statute of limitations for the alleged intentional tort instead of the expired statute of limitations for alleged professional negligence. Mr. Novotny and [...]
Lamson Dugan & Murray LLP would like to announce that attorney Craig F. Martin has rejoined the firm as a partner in the Construction Law Practice Area. Mr. Martin practiced law at Lamson Dugan & Murray for more than seven years before becoming Vice President and General Counsel at a long time client. Mr. Martin focuses his practice on construction law, and has extensive experience dealing with complex construction claims [...]
On February 14, 2019, Attorney Mike Storey presented for an hour at a member luncheon for the Independent Insurance Agents of Omaha. The topic, “Recent Court Cases Affecting E&O Claims,” focused on the recent decision in Hansmeier v. Hansmeier, 25 Neb. App. 742 (2018). The presentation explored and compared various Nebraska cases to create helpful rules of thumb to avoid future E & O claims. Mr. Storey, as well as various [...]
Lamson Dugan & Murray Announces Catherine E French, Maria T Lighthall, and Adam R Feeney as Partners
Lamson Dugan & Murray is pleased to announce that attorneys Catherine E. (Katie) French, Maria T. Lighthall, and Adam R. Feeney have become partners of the Firm as of January 1, 2019. Katie French Bio: https://www.ldmlaw.com/profiles/catherine-e-french/ Maria Lighthall Bio: https://www.ldmlaw.com/profiles/maria-t-lighthall/ Adam Feeney Bio: https://www.ldmlaw.com/profiles/adam-r-feeney/
LDM attorneys Cathy Trent-Vilim and Janae Hofer published a featured article in the January 2019, The Voice, Vol 18 Issue 4. The article offers extrinsic evidence on Rule 12 motions. See the article below. Beyond the Pleadings: Offering Extrinsic Evidence on Rule 12 Motions: voice_1_30_19
Katie French is providing another FREE opportunity to see her presentation on Legal Planning for Parents. It will take place on Wednesday February 20th. The discussion will focus primarily on planning for parents with minor children, but also provide an overview of the process of probating a will, as well as what happens if you die without a will. Here is the link to RSVP, space is limited based on [...]
LDM Partner Jason Grams published a featured article in the Jan/Feb 2019, The Nebraska Lawyer, Vol 22 No 1. The Little Things That Kill Credibility in Court Papers: TheLittleThingsThatKillCredibilityinCourtPapers
LDM Partner Cathy Trent-Vilim coauthored two featured articles in the Jan/Feb 2019, The Nebraska Lawyer, Vol 22 No 1. The Demise of the Collateral Order Doctrine in Nebraska: TheDemiseoftheCollateralOrderDoctrineNebraska Looking Beyond the Pleadings: LookingBeyondthePleadings
Lamson Dugan & Murray participated in No-Shave November to help raise money to support Omaha's Children's Hospital & Medical Center - Hematology/Oncology program. The goal of No-Shave November is to grow awareness by embracing our hair, which many cancer patients lose, and letting it grow wild & free. The firm had 19 attorneys and support staff participate in the month long charity event and together raised $2,076.00 for Children's Hospital!
On Saturday, November 3, LDM Partner Bob Murray was inducted into the Nebraska State Soccer Association’s Hall of Fame! In the late 80’s, Creighton was in danger of losing its NCAA accreditation because it did not have at least 7 Division 1 programs for both men and women. Bob convened a group of individuals to approach Father Morrison (then President of Creighton University) to offer a solution to the NCAA [...]
LDM Attorney Liz O’Connor has been elected as the new Regent to the University of Nebraska for District 4. She swept her opponent, obtaining 72% of the votes from District 4. Liz is the fifth ever woman to serve on the University Board of Regents since its creation in 1869 This Board provides governance and oversees the University’s $2 Billion budget for its four campuses—UNL, UNK, UNO, and UNMC. Eight [...]
Attorneys Sean Minahan and Karson Kampfe recently successfully defended their client on a negligent construction claim in the Sarpy County, Nebraska District Court. A property owner had claimed the contractor had negligently completed a large landscape project and refused to pay the contractor the final two invoices. After 4 days of evidence, the jury took 2 ½ hours to find against the home owner and award the contractor the full [...]
LDM Partner Bill Settles won his 44th jury trial when a Douglas County jury returned a unanimous verdict in favor of his clients on November 5, 2018. The plaintiff alleged that Mr. Settles’ clients failed to diagnose her breast cancer for over a year, causing the cancer to grow to an advanced stage when it was eventually diagnosed. Mr. Settles defended this difficult and emotional case by presenting top experts [...]
Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, has assumed the position of Co-Chair for the Nebraska State Bar Associations Appellate Law section. The purposes of the Appellate Practice Section are (1) to promote the role and enhance the skills of Nebraska appellate lawyers to best serve clients, and (2) to improve the practice of appellate law in Nebraska. Congratulations Ms. Trent-Vilim!
On October 26th, a twelve person jury returned a unanimous verdict in under three hours in favor of the clients of Partner and trial counsel Mark Novotny in Saline County District Court. The case alleged that the death of a 17 year old girl was caused by medical malpractice. The tragic case involved a rare form of necrotizing pneumonia following influenza. Mr. Novotny provided the jury overwhelming evidence that the [...]
Congratulations to John Walker and Cathy Trent-Vilim for their recent success before the Nebraska Court of Appeals. At the trial court level, Mr. Walker successfully represented a guardian ad litem in a hotly-contested guardianship proceeding, including obtaining an award of attorney fees on grounds that the proceedings to unseat the guardian were frivolous. Ms. Trent-Vilim assisted Mr. Walker of the appeal, resulting in the affirmance of the trial court decision.
Bill Lamson and Denise Destache represented a Certified Registered Nurse Anesthetist (CRNA) at trial beginning on August 20th . After a 5-day trial, the jury found for the CRNA in less than 1 hour! The case involved a patient who had been hospitalized for complications of alcohol abuse. The patient’s family sued the CRNA, alleging that a medication given prior to an emergency intubation caused the patient to suffer a [...]
And they didn’t even wait for lunch! Partner Mark Novotny just won a medical malpractice jury defense verdict in the District Court of Buffalo County (Kearney), Nebraska. After four days of trial, the jury started deliberations on Friday at 11:05 a.m. The jury returned a unanimous verdict in favor of the defense at 11:30 a.m. Twenty-five minutes!
Best Lawyers in America has named twelve Lamson Dugan & Murray LLP attorneys in The Best Lawyers in America 2019 Edition. The recognition of “Best Lawyers in America” is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Only one attorney is recognized as the “Lawyer of the Year” for each specialty and location. Attorney Daniel P. Chesire of LDM, was awarded [...]
Mark Novotny and Sarah Dempsey recently obtained a dismissal of a medical malpractice case. The plaintiffs filed the case against a physician and his medical practice. Mark and Sarah convinced the court to dismiss the case, arguing that the plaintiffs had failed to timely serve their clients with the lawsuit. The court agreed and held that the case was dismissed by operation of law.
LDM recently secured affirmance of a judgment in its client’s favor. The case related to the value of a departing partner’s ownership interest in a national law firm. LDM’s trial team – consisting of Brian J. Brislen and Daniel P. Chesire – alongside co-counsel James J. Banks of Banks & Watson in Sacramento California, persuaded the court to adopt the client’s position on all issues raised by the departing partner. [...]
LDM attorneys Cathy Trent-Vilim and Mark Novotny successfully defended the grant of a summary judgment before the Nebraska Court of Appeals. In the case, the estate of a resident of a nursing home filed suit alleging the resident (who had been battling cancer for many years and been given a terminal diagnosis) fell on the premises and died as a result of the fall. The trial court found, and the [...]
Adam Feeney, an associate at Lamson Dugan & Murray LLP, has been accepted into the NSBA Leadership Academy. The mission of the NSBA Leadership Academy is to develop the leadership skills of the participants to allow them to make grater contributions to the legal profession and their community. For more information about the academy, please go to https://www.nebar.com/page/Leadership.
The Korths’ house painted blue. Photo courtesy of John Walker. Probate & Property March/April 2018 Vol.32 No. 2 edition Restrictive Covenants: Painting Is Not An “Improvement” Requiring Approval Under Restrictive Covenant. In, 2004, the Korths purchased a residential lot subject to restrictive covenants and submitted plans to paint their house blue, but acquiesced to the developer’s denial of the proposed paint color and insistence on an earth tone. Nonetheless, ten [...]
Sarah Dempsey, an associate attorney in the litigation department of Lamson Dugan & Murray LLP, will be presenting at the “Civil Trial: Everything You Need to Know” seminar on August 28th, 2018. The event will be held at the Courtyard Omaha Aksarben Village here in Omaha. For more information please go to the seminar webpage: Civil Trial: Everything You Need to Know.
A physician represented by Mark Novotny, with the help of Nancy Pont, Shelli Eden and Judy Ray, obtained a defense verdict from a jury after a five day trial. Although the plaintiff asked the jury for $1.73 million for her alleged injuries, the LDM litigation team convinced the jury that our client physician was not professionally negligent, did not commit medical malpractice and the jury awarded $0.
LDM business and commercial trial lawyers Brian Brislen and Eric Tiritilli received a jury verdict in favor of an LDM client on all issues. The case was a unique replevin case tried in Platte County District Court in front of the Honorable Robert Steinke. Our client’s farm vehicles, 2005 and 2014 Mack Truck Feedwagons, were fraudulently pledged as collateral to a bank to collateralize a sizable personal loan to a [...]
As of Friday, June 1, Cathy Trent-Vilim has assumed the position of President of the Nebraska Defense Counsel Association. Ms. Trent-Vilim is a partner at Lamson Dugan & Murray LLP. The Nebraska Defense Counsel Association (NDCA) is a state-wide association dedicated to serving the needs of its members. Membership is open to Nebraska attorneys who devote a majority of their law practice to the defense of civil lawsuits. The NDCA [...]
The Nebraska Court of Appeals recently upheld summary judgment obtained by attorneys Sean Minahan and Pat Vipond in the Nebraska District Court of Keith County. Appellees argued that their insurance agent negligently advised them as to workers’ compensation insurance requirements under state law. The Court, however, determined Appellees failed to request workers’ compensation insurance and the agent had no duty to advise Appellees as to Nebraska’s workers’ compensation insurance requirements. [...]
Congratulations to Katie French and Shannon McCoy on their new leadership roles in the Omaha Bar Association Young Lawyers Division! Both Ms. French and Mr. McCoy are associates at Lamson Dugan and Murray. Chair: Katie French, Lamson Dugan & Murray Board Member At-Large: Shannon McCoy, Lamson Dugan & Murray
Mark Novotny and Sarah Dempsey were recently successful in obtaining summary judgment for a firm hospital client and having the medical malpractice case dismissed. The plaintiff alleged that nurses at the hospital were negligent in leaving a foreign object inside the plaintiff after a procedure. The court agreed with Mr. Novotny and Ms. Dempsey that the case should be dismissed because the statute of limitations for filing the medical malpractice action [...]
It's our pleasure to announce that Cathy Trent-Vilim is the 2018 recipient of the Omaha Legal Professionals Association’s Boss of the Year Award! She will be recognized at the OLPA Annual Boss Appreciation and Officer Installment banquet on April 18, 2018. Please join us in congratulating her.
A judicial nominating commission selected four lawyers Monday as finalists to fill the vacancy on the Nebraska Supreme Court created by the sudden resignation of Judge Max Kelch. Cathy Trent-Vilim is a partner at Lamson, Dugan and Murray and one of the four candidates chosen. Trent-Vilim is a 2002 graduate of the University of Nebraska College of Law and works in the areas of appellate litigation, commercial and insurance law and legal malpractice defense. [...]
LDM would like to congratulate our very own E. Benjamin Nelson on receiving the Distinguished Nebraskalander Award on Saturday night in Lincoln. The dinner was held in the Capitol Rotunda. The setting was beautiful and majestic, with art deco mosaics of Nebraska scenes over our heads and under our feet. Governor Ricketts presented the award to Ben after the Legislative Resolution was read. The Resolution, adopted by the Unicameral, cited [...]
Dan Hassing, an associate in the firm, recently received a defense verdict after a one and one-half day jury trial in the Douglas County District Court. The case involved a side-swipe car accident that occurred in Omaha. Our client was travelling in the left lane of a two-lane street. When our client sought to merge from the left lane into the right lane, our client hit a car that was [...]
Attorney Sarah Dempsey recently received a favorable verdict in an auto accident defense trial. Ms. Dempsey’s client admitted liable for causing the accident. The only remaining issue for trial was the amount of the plaintiff’s damages. The plaintiff claimed she was injured in the accident and required medical treatment. She wanted to hold Ms. Dempsey’s client liability for a spine surgery that occurred over three years after the accident in [...]
LDM business and commercial trial lawyer Brian Brislen has been admitted to practice in the United States Tax Court. Mr. Brislen joins Robert Murray, Dan Waters, Mark Novotny, Katie French and Joseph Borghoff as LDM lawyers admitted in the United States Tax Court. Mr. Brislen is also admitted in Nebraska as well the United States District Court for the Districts of Nebraska, Colorado and the Southern District of Iowa, the [...]
LDM business and commercial trial lawyers Brian Brislen and Adam Feeney helped an LDM client obtain a judgment of nearly $2,200,000. They represented the client at trial over three days in July of 2017, in a claim seeking payment of money owed after a nearly decade long farming operation ended. The action sought to recover the full amount of the profits owed to LDM’s client, plus interest. After the close [...]
Kyle Wallor, a Partner in our Litigation Department, successfully secured a summary judgment in excess of $5,800,000 in the United States District Court for the Northern District of Illinois. The client initiated suit asserting breach of fiduciary duty, breach of contract, conversion, money had and received, an action for an accounting and piercing the corporate veil against a vendor. The vendor contested all claims, largely on the basis this was [...]
Congratulations to Bill Lamson and Denise Destache on a recent defense verdict. The case involved a shoulder surgery with subsequent complications. However, following three and a half days of testimony, it took an Omaha jury less than an hour to return a verdict in favor of our defendant physician in a case tried in Douglas County District Court.
Lamson, Dugan & Murray is pleased to announce that the Firm was recently selected by our clients and peers for inclusion in The Best Law Firms 2018 Edition of U.S. News - Best Lawyers®. The Firm was selected "Best Law Firms" in the following practice areas: Metropolitan Tier 1 Omaha • Commercial Litigation • Litigation - Regulatory Enforcement (SEC, Telecom, Energy) • Medical Malpractice Law - Defendants • Personal Injury [...]
Best Lawyers in America has named ten Lamson, Dugan & Murray LLP attorneys as "Lawyer of the Year” in The Best Lawyers in America 2018 Edition. The recognition of "Lawyer of the Year" is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Only one attorney is recognized as the "Lawyer of the Year" for each specialty and location. Bet-The-Company Litigation William [...]
Daniel P. Chesire, who was featured in the September 15th edition of the Catholic Voice, speaks of his time growing up at Boys Town. He is a current member of the Father Flanagan League Society of Devotion which is working on Father Flanagan’s cause for sainthood. Dan spent about 11 years growing up at Boys Town with his brothers. The home for boys, and now girls, provided a safe place [...]
Partners Mark Novotny and John Walker have recently been able to obtain tax exempt status for a large client in the State of Tennessee despite aggressive opposition by the Tennessee Department of Revenue. Proceeding administratively and on appeal, these attorneys were instrumental in having a Tennessee court adopt the position proffered on behalf of our client. This result follows similar proceedings in a half dozen other states granting similar tax [...]
Congratulations to John Walker on his admission to the Federation of Defense & Corporate Counsel. FDCC membership is limited, selective, about 1,400 members, and by nomination only of lawyers who have distinguished themselves professionally, who are of high professional standing and of good moral character. Members are: practicing lawyers who devote a substantial amount of their professional time to the representation of insurance companies, associations or other corporations, or others, [...]
The litigation team of Mark Novotny, Nancy Pont and Shelli Eden, after a two week trial, obtained a defense verdict after one and one-half hours of jury deliberations. The case was a complicated matter dealing with the effect of anticoagulation medication in a patient with chronic atherosclerotic vessel disease, diabetes, elevated PSA and a fem-pop venous graft.
LDM partners Bill Lamson, Bill Settles, and Jason Grams recently won an important victory for health care providers in the United States Court of Appeals for the Eighth Circuit. The case involved a claim of medical malpractice made against a midwife and local hospital by the parents of a neurologically injured child. After a jury verdict of $17 million, the trial court reduced the verdict to $1,750,000 pursuant to Nebraska’s [...]
Kyle Wallor and Michael L. Storey Present to the Association of American Railroads (“AAR”) Claims School
The Association of American Railroads (“AAR”) held its 2017 Advanced Claims School in Overland Park, Kansas from Monday, May 8, 2017 through Friday, May 12, 2017. This week long school provided educational and training opportunities for AAR claims professionals with three (3) or more years of experience in the railroad industry. Several presenters were invited to teach courses to advance the skills and knowledge of claims representatives from varying railroads, [...]
LDM partners Cathy S. Trent-Vilim and Daniel P. Chesire recently obtained a victory for their client – without conducting any discovery in the case and short of obtaining a ruling from the court on the client’s pending motion for summary judgment. The case involved a claim brought by an injured party, individually and as personal representative of the spouse’s estate, related to injuries from a fire. The accidental fire killed [...]