Litigation - Lamson Dugan & Murray LLP

19 Mar, 2021

Five Things You Should Know About Nebraska’s Legal Malpractice Limitations Period

Cathy Trent-Vilim2021-03-19T12:34:28-05:00March 19th, 2021|Legal Malpractice, Limitation of Liability, Litigation, Nebraska Litigation & Trial Advisor, Statute of Limitations, Statute of Repose|

Legal malpractice claims are an unfortunate part of the practice of law. Nebraska’s professional negligence statute is ‘occurrence based.’ See Neb. Rev. Stat. § 25-222. That means the two-year limitations period is triggered by, and begins to run from, the date of the alleged negligent act or omission. As straightforward that may sound, as with most things there are exceptions. So here are 5 things you should know: 1.The limitations [...]

14 May, 2013

The Construction Industry is Better Off with Attorneys

Craig Martin2018-04-23T23:55:18-05:00May 14th, 2013|Construction Contractor Advisor, Litigation|

The Viewpoint in the latest Engineering News Record (ENR), Lawyer as Constructor?,raised an interesting point – whether the construction industry is better off having attorneys involved in the construction process. The author thinks not, that the use of construction attorneys has taken over the construction process and slowed projects down immeasurably. I have no doubt that once attorneys get involved the process can slow down, but delays on projects are [...]

10 Jan, 2013

Mediation – It’s Worth Considering

Craig Martin2013-01-10T08:00:42-06:00January 10th, 2013|Litigation, Mediation|

We often times get so embroiled in a dispute that voluntary resolution seems far fetched But, mediation, where the parties work with an impartial party to generate their own solution in settling their conflict, should always be considered because of the costs savings, control and closure. Cost First, what costs are we talking about? Obviously cost includes attorney’s fees. But, internal costs are also high. Preparing for trial takes employees out [...]

21 Aug, 2012

The Difficulties of Litigating a Construction Claim

Craig Martin2012-08-21T10:12:43-05:00August 21st, 2012|Litigation, Nebraska Construction|

Litigating a construction claim can be difficult. Figuring out which claims you have against the various parties can often times take months to figure out. A recent case out of South Carolina illustrates these difficulties. In Ross Dress For Less, Inc. v. Lauth Const. Group, LLC, a developer hired a general contractor to build a warehouse. The general contractor hired a geotechnical engineer to inspect and test the soil to [...]

15 Jun, 2011

Five Steps to Avoid Being Sued

Craig Martin2011-06-15T07:17:28-05:00June 15th, 2011|Construction Law, Limit Liability, Litigation|

I have yet to meet a client who has enjoyed being involved in a lawsuit. The cost of a large document production, the stress of sitting for depositions, and the time to prepare for trial can weigh heavily on a company and its owners. But, there are some steps that you can take to limit, if not avoid, being sued. Know the terms of the contract. You must know and [...]