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 [...]

Congratulations to one of our senior partners, Daniel P. Chesire

Everyone Welcome! Please RSVP here: https://raymondjames.zoom.us/webinar/register/WN_9B5IVitQRISBNvslUaONQQ    

Eric Tiritilli, senior counsel at Lamson Dugan & Murray LLP, was a speaker at the 2020 Nebraska Paralegal Association’s virtual spring seminar.  The NePA is an influential paralegal association that is dedicated to serving and strengthening the profession for future generations. Mr. Tiritilli discussed the legal landscape on how to address marijuana in the workplace.  He also addressed the latest laws affecting marijuana testing and use in the workplace and [...]

Craig Martin, a partner of Lamson Dugan & Murray LLP, was invited to join Fellowship of the Construction Lawyers Society of America. The CLSA is an invitation-only, selective and limited membership international association of the world’s best construction lawyers. The CLSA recognizes experienced and highly qualified lawyers across all practices relating to the construction industry. Congratulations to Mr. Martin for this great accomplishment!

Mark Novotny, one of the founding partners of Lamson Dugan & Murray LLP, was the speaker at the May 28, 2020 meeting of the Nebraska Dental Implant Study Club.  The Study Club brings dental implant surgeons from across the state to share information to better provide dental implant care to Nebraska residents.  Mr. Novotny’s PowerPoint presentation was entitled: “Above the Standard of Care” and discussed the clinical and litigation implications [...]

Attorneys Tyler Spahn and Nichole Bogen obtained the dismissal of a Federal Railroad Safety Act (“FRSA”), § 20109, complaint on behalf of the railroad following a hearing before a U.S. Department of Labor Administrative Law Judge. The employee claimed his dismissal from the railroad for being absent without leave was discrimination for reporting work-related injury and argued that he only had to show he attempted to comply with the railroad’s leave [...]

Please take time to check out our newly added COVID-19 Resource Center link on our website.  We have recently set up the Resource Center as an important site to provide information to our clients as to how the pandemic may affect their personal life, business and any current or future legal issues.  Please take a look and let us know if you have any questions that we can assist you [...]

Craig Martin, a partner at Lamson Dugan & Murray LLP, was the keynote speaker at the Construction Law Seminar hosted by Goldleaf Surety Services on Tuesday, March 10th. Goldleaf Surety Services helps contractors and other businesses obtain the assistance needed to secure bonds. Mr. Martin discussed the following topics: Contract Clauses—What they mean and suggestions to revise the contract Chasing Payment—Following the contract, filing a lien, and litigation This seminar [...]

On an issue of first impression, the Nebraska Supreme Court recently held that the district court lacked general personal jurisdiction over a corporation in Nebraska for an injury occurring in Texas. In Lanham, the plaintiff injured himself when he struck and broke his foot with a sledgehammer while removing clips on a track project near Houston, Texas. At the time, he was a resident of Nebraska working on a Texas [...]

Craig Martin, a partner at Lamson Dugan & Murray LLP, was a presenter at the 2020 NUCA of Nebraska Annual Conference & Projects Preview. The National Utility Contractors Association of Nebraska is the leading trade association and voice for the utility construction and excavation industry in Nebraska. It serves as the driving force for improving conditions in the underground utility construction industry, for both open-cut and trenchless contractors. Mr. Martin presented on [...]

Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, served as a panelist at the American Inns of Court presentation for the Omaha, Nebraska, chapter on Monday, February 3rd. The presentation, “Write Right,” discussed writing concisely, the importance of proofreading and revisions, legal ethics and writing, and resources for good writing. The event was held at Creighton University. The American Inns of Court provides a unique opportunity for newer [...]

Partner Anne Marie O’Brien and Partner Nichole Bogen recently attended and participated in the National Association Railroad Trial Counsel’s (NARTC) winter Executive Committee meeting in Washington D.C. The NARTC is a 65 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 or their affiliated entities, or [...]

On January 9, 2020, LDM Attorney, Mike Storey, obtained a unanimous defense verdict after a three-day jury trial in the District Court of Douglas County, Nebraska.  At trial, the plaintiffs sought $100,000.00 in damages for injuries, including PTSD and anxiety, as a result of a motor vehicle accident involving plaintiff’s vehicle and two other vehicles.  Mr. Storey convinced the jury that his client was not negligent and that the accident [...]

Lamson Dugan & Murray LLP is pleased to announce that attorneys Daniel J. Hassing and Sarah M. Dempsey have become partners of the Firm as of January 1, 2020. Sarah Dempsey is an attorney in the litigation department at Lamson Dugan & Murray LLP in Omaha, Nebraska. Her practice focuses on personal injury defense, professional liability defense, and business litigation. Ms. Dempsey has successfully defended clients in car accident cases, [...]

Here's proof:  More than 100 local professionals have earned the exceptional Chartered Advisor in Philanthropy designation. This means 106 people from careers in law, finance, nonprofit development, and others have been trained on the intricacies of philanthropy since 2012.  The Chartered Advisor in Philanthropy program is a graduate-level, rigorous year-long course administered by The American College in Bryn Mawr, Pa., and is led locally by the Omaha Community Foundation and [...]

The Gilbert C Swanson Foundation has announced a change in leadership with retirement of some of its long-term directors and officers and the addition of new directors. President of the Board Timothy C. Fitzgibbons, MD, Vice President William M. Lamson, Jr., Secretary Jack A. Stark Ph.D., and treasurer Ms. Colleen Warin will retire from the Board after many years of service. Mary Anne Holm will remain on the Board. Recently [...]

Cathy Trent-Vilim, a partner at Lamson Dugan & Murray LLP, spoke at the NATA seminar on Friday, December 6th, 2019.  Her presentation, “Properly Preserving the Record on Appeal, Appellate Tips and Practices, and What is a Final Order?” discussed many steps in the appeal process. The Nebraska Association of Trial Attorneys (NATA) is dedicated to the improvement of trial practice,  preservation of the jury system, and quality continuing legal education.  [...]

At the annual meeting, Nichole Bogen was elected Vice Chair of the Nebraska State Bar Association’s Labor Relations and Employment Law Section. This is her second year of serving on the executive committee. The section is comprised of lawyers who practice or have an interest in labor relations and employment law. The section provides a forum for the discussion and development of substantive and procedural laws relating to the field [...]

Craig Martin, a partner at Lamson Dugan & Murray LLP, presented at Metro Omaha Builders Association in October and the Nebraska Chapter of the Construction Specifications Institute in November. Mr. Martin spoke on the Anatomy of a Construction Lawsuit at the MOBA event and on Construction Contract Clauses at the CSI Nebraska event. Both events were held in Omaha, Nebraska. Mr. Martin focuses his practice on the construction industry, representing [...]

Kyle Wallor, a Partner at Lamson Dugan & Murray LLP, was one of 13 presenters at the 2019 National Association of Railroad Trial Counsel fall meeting .  NARTC is an organization of railroad trial attorneys across the United States and Canada.  NARTC provides a forum in educating, training, and assisting trial lawyers who represent railroads in litigation.  Mr. Wallor’s presentation, “Wait: What Do You Mean You Got Caught? Surveillance – [...]

LDM partners Cathy Trent-Vilim and Adam Feeney published a featured article in the November/December 2019, The Nebraska Lawyer, Vol 22 Issue 6.  The article relates to the Nebraska Supreme Court's clarification of decades of confusing case law related to prejudgment interest. Link to the article: https://cdn.ymaws.com/www.nebar.com/resource/resmgr/nebraskalawyer_2017plus/2019/novemberdecember/TNL-1119c.pdf Nebraska Supreme Court Shows the Weyh forward on Recovery of Prejudgment Interest Earlier this year, in Weyh v. Gottsch, the Nebraska Supreme Court clarified [...]

Partner Adam Feeney was elected Treasurer to the NSBA’s Alternative Dispute Resolution Section.  The section studies the different alternatives for dispute resolution and the circumstances in which they are likely to work. The section uses both recognized concepts of due process and the efficient administration of justice, and make recommendations with respect to the promotion and implementation of various means of dispute resolution to the Executive Council and the House [...]

Lamson Dugan & Murray is pleased to announce that Drew Engle, Ellen Geisler, Cameron Riecke, and Patrick Wier have joined the firm. Drew Engle is an associate attorney in the litigation department at Lamson Dugan & Murray.  Mr. Engle graduated cum laude from Creighton University School of Law with a concentration in litigation.  Mr. Engle was a member of the Creighton Law Review and served on the Executive Board of the Law Review [...]

The highway-spanning pedestrian overpass that links Creighton University with the student-dominated Atlas apartments will be officially named Tuesday in honor of two brothers whose mark can be seen at Creighton and across Omaha. As it so happens, one of those siblings already had a history with the bridge, and that tie dates back more than 40 years — before the almost 600-foot span was even built. In recognition of C.E. “Carr” [...]

LDM Attorney Patrick Wier was highlighed in the Fall 2019, Creighton Lawyer Magazine.  The article, Spurred On, discusses a brother's challenge that eventually leads to a law degree for a cowboy-at-heart. Find the full story here:  https://viewer.zmags.com/publication/d97c97ea#/d97c97ea/8

Craig Martin, a Partner at Lamson Dugan & Murray, was a presenter at the 2019 Real Estate Institute. He discussed how contract clauses can, and often do, create problems on construction projects. The presentation reviewed these clauses, the recent Nebraska Supreme Court case U.S. Pipeline v. Northern Natural Gas Co., 330 Neb. 444 (2019), and the court’s interpretation of contract provisions and conduct that can result in a waiver. The [...]

Today, the U.S. District Court for the District of Nebraska dismissed a railroad conductor’s retaliation claim. The conductor had reported an injury that he claimed stemmed from a specific incident occurring about 18-months before his report to his employer, the railroad. The railroad disciplined the conductor for late reporting and other violations of the General Code of Operating Rules. The conductor claimed he was retaliated against for reporting a work-related [...]

On August 26th, 2019, Partner Cathy Trent-Vilim served as moderator at the Opening of Term Seminar & Celebration event presented by the NSBA Appellate Practice Section.  The event was held at the Nebraska State Capitol  Law Library.  The presenters included Hon. Jonathan Papik, Hon. John Freudenberg, Hon. William Cassel and Hon. Michael Heavican.  The seminar was targeted to lawyers who practice appellate law, with a focus on the Nebraska Supreme [...]

Lamson Dugan & Murray is proud to announce that 13 of their attorneys will be recognized in the 26th 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. Bet-the-Company Litigation • William M. Lamson, Jr Commercial Litigation • Brian J. Brislen • Jason W. Grams • William M. Lamson, Jr. • Mark [...]

Partner Mark Novotny was elected to the NSBA's Executive Council, District 2. The Nebraska State Bar Association 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 House of Delegates, [...]

Andrew J. Huber, previously of Dunmire, Fisher, Hastings & Pauley, has joined the law firm of Lamson Dugan & Murray as an attorney effective July 15th, 2019.  Andrew will split his time practicing in Omaha, NE and Hastings, NE, as well as the surrounding Tri-City area.  Andrew's practice focuses on general business, real estate, estate planning, corporate, trust administration and landlord-tenant law.

Congratulations to Partner Jason Grams on achieving a Martindale-Hubbell AV Preeminent Peer Review Rating.  This is awarded to only those lawyers with the highest ethical standards and professional ability.  Only approximately 10% of attorneys have achieved this prestigious honor! Jason joins 12 other lawyers of LDM achieving this honor. For more information on Martindale-Hubbell Peer Review Ratings, visit their Ratings and Reviews page.

Congratulations to LDM’s commercial and appellate litigators Brian Brislen, Adam Feeney, Dan Chesire and Cathy Trent-Vilim for obtaining an affirmance of a $1.2 M judgment for LDM’s client.  Nebraska Supreme Court announced the ruling on June 7, 2019.  In addition to the $1.2 M judgment, the trial court awarded prejudgment interest of approximately $900,000. In a 38 page opinion, on an issue of first impression, the Supreme Court adopted LDM’s [...]

Daniel C. Pauley, previously of Dunmire, Fisher, Hastings & Pauley, has joined the law firm of Lamson, Dugan & Murray as a partner effective June 1st, 2019.  Daniel will split his time practicing in Omaha, NE and Hastings, NE, as well as the surrounding Tri-City area.  Daniel’s practice focuses on general business, real estate, commercial, corporate, estate planning and probate law. Daniel and the Lamson, Dugan & Murray firm plan [...]

We are very excited to announce that Lamson Dugan & Murray has acquired the Sattler & Bogen law firm in Lincoln. Partner Nichole Bogen,  Attorney Tyler Spahn, and Legal Assistant Leticia Atkinson have joined LDM. This office will remain in Lincoln, Nebraska under the Lamson Dugan & Murray name and located at 701 P Street, Suite 301, The Creamery Building in Lincoln. Please join us in welcoming our newest location [...]

Stacy L. Morris of Lamson Dugan & Murray, chair of the Omaha Bar Association Memorial Committee, gives the call to order at the OBA’s annual Memorial Day Program in the legislative chamber of the Omaha-Douglas Civic Center on May 10, 2019. (Photo by Scott Stewart) Read story here: https://www.omahadailyrecord.com/

Daniel Hassing and Anne Marie O’Brien recently won a motion for summary judgment in the Southern District of Texas.  This success came in an action under the Federal Employer’s Liability Act, a federal statute granting a cause of action to railroaders working in furtherance of interstate commerce. The case involved a widow who alleged that her late husband developed colon cancer as a result of occupational exposures while working for [...]

Congratulations to Partner John Walker, who was recently elected to the Board of the Regency HOA.  John has long represented both HOAs, and homeowners in disputes with their HOAs, allowing him to bring unique perspective to his newly elected position. Partner John M. Walker

Thank you to all of our Administrative Professionals for your hard work, tireless effort, and every day enthusiasm. Your work is key to our success! Vonnie Lorenson, Cassandra Kuhr, Jan Grisinger, Jeanna Lichtenberg, Amy Kluza, Natale Sipple, Kim Wike, Kathy Poskevich, Laura Cejka, Kelly Busboom, Christie Donnermeyer, Debra Tweed, Michele Rambousek, Judy Ray, Connie Harrold, Patty Morgan, Shelli Eden, Tracey Shughart, Doris Crayton, Kris Flott, Kate Fenton, Evelyn Owens, Peg [...]

LDM attorney Mike Storey recently won a defense judgement in a jury trial for an underinsured motorist claim.   The plaintiff claimed injuries related to a motor vehicle accident and had already received a total of $105,000.00 in liability payments from the other driver’s insurance policy.  At trial, plaintiff sought a total recovery of $289,000.00 for her alleged injuries.  After a 3-day trial in the District Court of Douglas County, where [...]

LDM is pleased to announce that partner Bill Settles has been certified as a member of Lawyers of Distinction for 2019. Lawyers of Distinction is recognized as the fastest growing community of distinguished lawyers in the United States. Lawyers of Distinction offers membership to less than 10% of attorneys in any given state. Membership is based upon peer recommendations and an objective analysis of an attorney’s qualifications, reputation, experience, and [...]

Please join us for an information seminar focusing on sexual harassment in the workplace. #Metoo written on wooden cubes

Mark Novotny and Sarah Dempsey recently won a motion for summary judgment, obtaining the dismissal of a medical malpractice case filed against an orthopedic surgeon.  The case arose out of a knee replacement surgery.  The plaintiff alleged that the nurses from the hospital and the defendant surgeon had negligently left a piece of sponge behind in the knee following surgery.  Mr. Novotny and Ms. Dempsey successfully argued that the claim [...]

LDM partner Bill Settles recently won a unanimous defense verdict in a medical malpractice case against an orthopedic surgeon in Sidney, Nebraska. The patient claimed she suffered a pressure ulcer on her heel because the surgeon misapplied a posterior splint following ankle surgery. After Mr. Settles’ presentation, the jury only took an hour to reject this claim. Interestingly, the trial was disrupted by the worst blizzard in Sidney in the [...]

Lamson, Dugan & Murray, LLP is proud to announce a significant settlement of a long-pending industrial product defect case.  Representing their Fortune 500 client, LDM attorneys Bill Lamson, Jason Grams, and Mike Storey brought suit against a supplier and, after over three years of litigation, negotiated payments to LDM’s client of $50 million and a resumption of the parties’ business relationship.  The case involved over three million units of products [...]