Lamson Dugan & Murray LLP is pleased to announce seven attorneys have been selected to the 2022 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. 2022 Great Plains Super Lawyers Daniel P. Chesire - Personal Injury: Defense Jason W. Grams - Business Litigation Anne Marie O’Brien - [...]
For six-and-a-half years, Anne Marie O’Brien and Mike Storey represented the building owners in Omaha's historic Old Market, whose home and businesses were destroyed by the January 2016 explosion and fire. From day one, the Metropolitan Utilities District (MUD) denied any wrongdoing. After more than a hundred depositions, successfully defeating MUD's sovereign immunity arguments before the Nebraska Supreme Court, and a two-week bench trial in February 2022, Ms. [...]
Partner Eric W. Tiritilli was recently elected to the Board of Directors for United Way of the Midlands. United Way of the Midlands serves those living in poverty helping them to work toward independence by investing in programs that focus on basic needs, education and financial stability. Mr. Tiritilli will serve a three-year term on the Board beginning July 1, 2022.
Partner, Stacy Morris, was recently elected to the Alumni Association Board of Directors of Saint John’s University. Founded in 1857, Saint John’s is a Benedictine liberal arts university located in Collegeville, Minnesota. Mr. Morris is a 1997 graduate of Saint John’s, and will serve a three-year term on the Board beginning July 1, 2022.
Partners Mark Novotny, William Settles and Mike Storey, along with nationally recognized expert Doug Blair, recently presented a seminar at The Field Club of Omaha as to legal ramifications of Electronic Medical Records and Audit Trails in medical malpractice litigation. The audience was made up of LDM clients and insurers, information technology officers and risk managers. Topics included discussing how electronic medical records and audit trail [...]
Partner, Daniel J. Hassing has expanded his practice to the state of South Dakota and can now serve clients as a member of the South Dakota State Bar. Dan’s admission into South Dakota gives the firm a greater geographical reach to service its clients.
Dave Schmitt obtained summary judgment in two separate toxic tort lawsuits filed against the railroads he represented. In both cases the plaintiffs claimed they suffered cancer as a result of alleged exposures to diesel exhaust and environmental hazards during their railroad employment. Schmitt secured the plaintiffs’ medical records, employment records, and deposition testimony to offer in support of motions for summary judgment. The United States District Court for [...]
Contractors are often surprised to learn that they do not have insurance coverage if the materials they provide fail. A recent case out of the 11th Circuit Court of Appeals (which oversees Alabama, Florida and Georgia), upheld the trial court’s ruling that a contractor’s insurer was not required to cover claims that the concrete it provided did not meet specifications. The controversy arose when Morgan Concrete (“Morgan”) agreed to supply [...]
Partner Mike Storey presented to the Independent Insurance Agents of Omaha on May 26, 2022. Mr. Storey’s presentation focused on recent decisions by the Nebraska Supreme Court and the Nebraska Court of Appeals on the duties of insurance agents under Nebraska law. This included two favorable decisions obtained by partner Sean Minahan on behalf of Nebraska insurance agents and brokers. As part of his presentation, Mr. Storey also [...]
LDM is excited to welcome five amazing and talented law students who have joined our team as summer law clerks. Ethan Dunn will be located in our West Des Moines office, and Cameron Scott, Tevyn Waddell, Ethan Hoogevven and Jelena Milakovic will be joining our Omaha team. We are thrilled that Maddie Hasley and Roger Sack, our amazing and talented 2L law clerks, have returned to LDM to [...]
Bryony Whitaker joined Lamson Dugan & Murray’s Des Moines office as an Associate in the Litigation Dept. Ms. Whitaker was born and raised in England where she obtained a law degree, and worked as a legal conflict’s analyst. She then moved to the US to attend the University of Iowa, College of Law. In her first year, she became the University’s youngest student to be selected for the Willem [...]
Janice M. Thomas joined Lamson Dugan & Murray’s Des Moines office as a Partner in the Litigation Dept. Ms. Thomas received her law degree from Drake University where she was a member of the Moot Court Board and her undergraduate degree from the University of Iowa. Ms. Thomas is a Fellow of the American College of Trial Lawyers. Fewer than one percent of the total number of lawyers [...]
Dan Hassing recently secured a summary judgment for his client on a premises liability claim. In the case, Mr. Hassing represented a health club in greater Nebraska. The claim involved significant personal injuries including a fractured vertebrae. The plaintiff alleged that he had suffered the injuries as the result of being pushed into the wall during a game of basketball. The plaintiff claimed that the club knew that [...]
LDM attorneys and staff volunteered at the United Way’s Shine Bright event, where they rolled up their sleeves to put together care kits for local students. The 4000 Shine Bright boxes contained essential hygiene items which were age, gender, and ethnicity specific, and will be distributed to kids in the OPS and CBPS surrounding areas. The hope is that every box distributed to a student in their [...]
Every pilot who holds a medical certificate has at one time filled out Form 8500-8. Form 8500-8 is the form we all fill out when we apply for medical certificates. Form 8500-8 asks us, among other things, to disclose whether we have ever been diagnosed with a series of medical conditions. Providing false information on these forms is a felony and thus carries with it significant consequences, as one California [...]
Dan Hassing and Mark Novotny recently secured a summary judgment for their clients on a legal malpractice claim. Hassing and Novotny represented a team of lawyers who had been sued on allegations that they had negligently handled a challenge to a tax increment financing project in rural Nebraska. Hassing and Novotny argued that the claim against their clients was barred by the statute of limitations. To support [...]
On March 15, 2022, LDM Attorneys Pat Vipond and Mike Storey obtained a unanimous defense verdict in a medical malpractice case after a four-day jury trial in the District Court of Douglas County, Nebraska. The case, which originated in 2014 and was the subject of two appeals to the Nebraska Court of Appeals and Nebraska Supreme Court, involved allegations that the defendant failed to diagnose Epstein Barr [...]
Partner, Cathy Trent-Vilim has been selected as the State Chair for Nebraska for the ABA Council of Appellate Lawyers. The State Chairs Committee was established to help carry out the Council’s goals of promoting excellence in appellate practice and building a stronger appellate bar to benefit courts, lawyers, clients, and the public. The Committee includes experienced appellate attorneys selected to serve as State Chairs in every state, the District [...]
Lamson Dugan & Murray attorney Lily Ealey recently spent her Friday nights and Saturday mornings coaching two thriving law students, Essence Hill and Dajuan Davis, to compete in the Thurgood Marshall Moot Court competition at the Midwest Regional BLSA convention. Her hard work and investment in these young students paid off. This dynamic duo advanced to the semi-finals and placed 4th overall. Please join us in congratulating Lily [...]
In July 2021, the Nebraska Supreme Court decided an important case on the Nebraska sales and use tax and how it is applied to aircraft. In the case, Big Blue Express, Inc. v. Neb. Dep’t of Rev., 309 Neb. 838 (2021), the supreme court concluded that the “sale for resale” exemption found at Neb. Rev. Stat. § 77-2701.34 did not exempt an aircraft from sales and use taxes when the [...]
Lamson Dugan & Murray attorney Lily Ealey was recently appointment to the Santa Monica House Board of Directors. The Santa Monica House was the first halfway house in Omaha, Nebraska, designed exclusively for women. Since 1972, it has administered a caring, comprehensive program for women who desire to live without the burden of addiction.
LDM Attorneys Nichole Bogen and Lily Ealey published an article in the November/December 2021 Nebraska State Bar Association publication, The Nebraska Lawyer. The article featured is titled, "Help! My Client Received a Charge of Discrimination from the Nebraska Equal Employment Opportunity Commission." Nichole Bogen is a partner in the Lamson Dugan & Murray Lincoln office. She has represented clients in federal and state courts involving railroad and [...]
Lamson Dugan & Murray attorneys helped those in need by participating in the Salvation Army’s Red Kettle Collection bell ringing campaign on December 23, 2021. The Salvation Army of Omaha serves the greater Omaha metropolitan area from feeding programs and homelessness prevention to mental health and older adult services. The Red Kettle Collection bell ringing campaign is a great way to volunteer and help those in need in the [...]
Lamson Dugan & Murray attorneys and staff spread some holiday cheer by volunteering to serve dinner at the Siena Francis House in Omaha, Nebraska, on December 20, 2021. The Siena Francis House was founded in 1975. It provides shelter, food, clothing and other emergency services to individuals experiencing homelessness. The Siena Francis House also provides on-site, Permanent Supportive Services for formerly homeless, disabled persons, as well as [...]
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!
Two social justice organizations, Iowa Citizens for Community Improvement (ICCI) and Food and Water Watch (FWW) have been seeking to compel the State of Iowa to enact legislation that would require farmers to adopt measures that would reduce levels of nitrogen and phosphorus in the Raccoon River. ICCI and FWW allege that farmers contribute to the toxins in the Raccoon River when they use fertilizer and manure on crops, which [...]
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. [...]
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
A recent case issued by the Iowa Supreme Court addressed the “fair value” of stock in a closely held farm corporation buyout. In Guge v. Kassel Enterprises, No. 19-2151 (Iowa Sup. Ct June 18, 2021), the Court provided clarity for determining what factors Iowa courts consider in calculating the “fair value” of a corporation in lieu of a dissolution proceeding. In Guge, three siblings owned all of the shares of [...]
Partner Daniel J. Hassing was recently added to the list of panel counsel for the Aircraft Owners and Pilots Association’s Pilot Protection Services Plan. Dan joins just one of a handful of panel attorneys in Nebraska. Nationwide, the plan consists of a network of 750 panel attorneys across all 50 states. The plan assists pilots with issues affecting the pilot’s airman certificate or medical certificate. Panel attorneys assist pilots in [...]
The Missouri Supreme Court recently affirmed the dismissal of a toxic tort case obtained by a team led by Lamson Dugan & Murray attorney Daniel J. Hassing. The decision once again evidences the talent of LDM attorneys who were able to obtain a dismissal in the trial court and then defend it in the appellate courts. In the case, the plaintiff sued a Class I railroad, alleging that occupational exposure to [...]
The Nebraska Supreme Court recently appointed partner Michael Storey as the Chairperson of the Nebraska Disciplinary Review Board. Members of the Nebraska Disciplinary Review Board resolve appeals arising from disciplinary decisions made by the Nebraska Committee on Inquiry against Nebraska lawyers. Mr. Storey will serve in that role for a two year term.
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 [...]
Partner Kyle Wallor was nominated for the Judicial Nominating Commission for the Nebraska Supreme Court in the 4th district of Nebraska. Congratulations Kyle!
Partner Dan Chesire was nominated for the Judicial Nominating Commission for the Douglas County Court and DC District Court for 4 year terms in the 4th district of Nebraska. This is the largest district in our state. Congratulations Dan!
Partner Adam Feeney was elected an alternate member to the Judicial Nominating Commission—Court of Appeals—Fifth District. Congratulations Adam!
On an issue of first impression, Attorneys Sarah Dempsey and Patrick Vipond recently obtained a dismissal of a physician in a medical malpractice action in Iowa state court. New rules in Iowa require a plaintiff to file a certificate of merit signed by an expert witness who is willing to testify that the defendant physician breached the standard of care. The Iowa rules require that this certificate be signed by [...]
The Nebraska State Bar Association would like to recognize Senator E. Benjamin Nelson for his adherence to the highest principles and traditions of the legal profession and for his service to the public and to the profession through his faithful performance of his duties as a Nebraska lawyer for 50 years. Congratulations Senator Nelson! Link to Nebraska Lawyer: https://cdn.ymaws.com/www.nebar.com/resource/resmgr/annual_meeting/pdf/50-Year_MemberSpotlight.pdf
LDM Partner and Nebraska Bar Association Executive Committee member Mark Novotny was selected by the NSBA to serve on the “COVID 19 and the Courts Response Committee.” This group will be an administrative committee under the Nebraska Supreme Court to evaluate whether the measures put in place by Nebraska Appellate Courts, Trial Courts and Probation allowed their mission-essential functions to carry on during the pandemic and if the Judicial Branch’s [...]
Lamson Dugan & Murray LLP is proud to announce that 13 of their attorneys will be recognized in the 27th 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! Bet-the-Company Litigation • William M. Lamson, Jr Closely Held Companies and Family Businesses Law • Daniel J. Waters [...]
Upcoming Webinar! Setting up and operating a small business is no easy challenge. Whether you are just getting started, flying solo or working with others, there are considerations that you should be aware of for your small business. Join me as I sit down with Catherine French, Estate Planning Attorney at Lamson Dugan & Murray, and Jessica Thompson, CPA, CFP®, MPAcc, at Verdant Accounting as we uncover all angles of [...]
At the annual meeting of the National Association of Railroad Trial Counsel (NARTC), Nichole S. Bogen was elected the Central Region Vice President for 2020-2021. Ms. Bogen also serves on the Executive Committee. The NARTC is a 66 year-old organization made up of the top railroad trial attorneys from across the United States and Canada. Membership in NARTC is limited to lawyers who handle litigation and/or related matters for railroads [...]
In a recent case of first impression the United States Bankruptcy Court the Northern District of Iowa (In Re: Devries, BK No. 19-00181), Thad J. Collins, Chief Bankruptcy Judge, interpreted recently-enacted Bankruptcy Code section 1232(a) to make capital gains by a farmer an unsecured claim for taxes not accorded any priority, and not subject to setoff under section 553(a). The court, relying significantly on Legislative History, held that Congress intended [...]
Partner Sean Minahan was selected as the 5th Judicial District Representative on the Nebraska State Bar Association Executive Council. The NSBA works for Nebraska lawyers to help them achieve the highest standards of competence, ethics, and professionalism and to protect and promote the administration of and access to justice. The Executive Council consists of one delegate elected from each of Nebraska’s six Supreme Court districts, a chair and chair-elect elected by the [...]
