Structuring Buy-Sell Agreements for Farmers, Ranchers & Other Business Owners Post Connelly v. United States
In Connelly v. United States,1 the Eighth Circuit Court of Appeals (which includes Nebraska) ruled that life insurance proceeds received from company-owned life insurance (COLI) following the death of a shareholder must be considered a corporate asset in valuing the shares of the corporation’s stock held by the estate of the deceased shareholder. The ruling resulted in a circuit split with the Ninth and Eleventh Circuits, which previously ruled that [...]
Mitigating Pesticide Drift Damage Through Crop Insurance
Despite all the technological improvements and increased regulations, pesticide application is not always perfect. Pesticide drift, aka off-target application, aka chemical trespass, resulting in crop damage and yield loss continues to create claims and litigation between neighbors. In many cases, proving whether a chemical trespass may be straightforward. However, proving economic losses are generally more difficult and may encompass losses that extend beyond the crop year. No matter what it [...]
What to Do if You Believe Your Property Tax Valuation is Too High
Beginning in June, the final valuation for properties in Nebraska will be released. After the final valuation are released, the window for protesting the valuation begins, and it runs through July 1st. The valuation of property is important to taxpayers because it is the bases that is used to determine a taxpayer’s property tax liability. The increasing valuations leave a lot of people wondering: What can I do if I [...]
How Will The Federal Rule Banning Non-Competes Affect Employment Agreements in Nebraska?
In April 2024, the Federal Trade Commission issued a final rule banning almost all noncompete clauses nationwide. As you may already know, a noncompete clause is typically part of a larger employment agreement between a worker and employer and essentially prevents a worker from competing with their employer after their employment ends. In the construction industry, noncompetes have historically been used to protect companies’ investments in their skilled workforce and [...]
LDM Proudly Recognizes Attorneys Selected as 2024 Super Lawyers and Great Plains Rising Stars
Lamson Dugan & Murray LLP is pleased to announce five attorneys have been selected to the 2024 Great Plains Super Lawyers list in addition to attorney Erin K. Artz who has been selected as a 2024 Great Plains Rising Star. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections [...]
New Iowa Rules of Appellate Procedure
An appeal can be a powerful tool for litigants. An appeal allows an appellate court, a new group of judges, to review whether certain contested issues were properly ruled and decided on by the district court judge. For example, strong appellate advocacy can potentially reverse multimillion dollar verdicts or confirm that an early dismissal was proper. To help the appellate courts review district court rulings, litigants are guided by certain [...]