More Congratulations! Bill Lamson and Denise Destache were successful in obtaining a verdict on behalf of their Defendant medical provider following a seven day jury trial in a wrongful death medical malpractice action tried in late April. Plaintiff’s counsel asked the jury for $3.2 million dollars in economic and non-economic damages. However, in less than 1 and ½ hours of deliberations, the jury concluded that Plaintiff had failed to meet her burden of proof and the case was dismissed against all Defendants!
On May 5, the Nebraska Supreme Court affirmed the jury verdict in favor of Union Pacific in Winder v. Union Pacific, a case tried by Anne Marie O’Brien, Daniel J. Hassing, and Andrew Reinhart. The Lamson Dugan team defended Union Pacific in the seven-day jury trial that focused on whether an allegedly inoperative handbrake violated the Federal Safety Appliance Act and caused or contributed to Kevin Winder’s injuries. The Lamson Dugan team persuaded the jury that the answer was “no.” On appeal, Winder argued that the evidence was so clear cut that the Douglas County District Court should have directed a verdict in his favor instead of submitting the case to the jury. A unanimous Nebraska Supreme Court rejected Winder’s arguments, decided that the case properly presented questions for the jury, and concluded that the district court did not err in submitting the case to the jury. This significant win is a great example of Lamson Dugan’s expertise at all levels of the litigation process. Congrats to Anne Marie, Dan, and Andy!
Congratulations to David J. Schmitt who was inducted as a member of the Nebraska Chapter of the American Board of Trial Advocates (ABOTA). According to its mission, ABOTA members are attorneys who display skill, civility and integrity. Membership is by invitation only, after ballot and restricted to trial lawyers who are of high personal character and honorable reputation. In addition, ABOTA members are required to compile a requisite number of jury trials in their career.
Attorney Nelly Greenberg was a panelist in University of Nebraska Omaha (UNO)’s “Success Series: Life as a Lawyer.” The “Success Series” is a career exploration program that offers ways for students to explore different occupations and career paths. Nebraska Law alumni participated in the panel discussion to help students interested in pursuing law school understand what various practice areas are like, what lawyers do, what a typical day or week is like, and how each attorney chose their career path . All alumni who participated were from diverse backgrounds, and included a Judge on the Douglas County Separate Juvenile Court, an immigration attorney, and a partner from a small firm. Nebraska Law Dean Richard Moberly moderated the panel.
Congratulations to Laura Cejka who was name Legal Professional of the Year by the Omaha Legal Professionals Association. Laura has been at Lamson, Dugan & Murray for two years and she was nominated for her hard work and dedication not only to her attorneys and our Firm, but the legal profession as a whole. Partner Cathy Trent-Vilim who nominated Laura said “she is proactive, conscientious and genuinely cares about doing the right thing the right way. She also said that Laura is the textbook definition of professional”. We are proud of Laura and her accomplishments here at LDM.
Congratulations to Cathy S. Trent-Vilim for her success in getting summary judgment for her client in a legal malpractice action, and then obtaining summary affirmance of the trial court’s order by the Nebraska Court of Appeals.
Congratulations to Brian J. Brislen, Sarah F. Macdissi, Cathy S. Trent-Vilim and Spencer R. Murphy on their win at the trial court level and affirmance by the Nebraska Court of Appeals. Brian and Sarah succeeded in getting the suit, premised upon an unenforceable non-compete agreement, dismissed at the trial court level. On appeal, Cathy and Spencer succeeded in getting the trial court’s ruling summarily affirmed on grounds that the plaintiff’s appeal was moot.
A team of LDM partners worked together to obtain a successful outcome of a case at the trial court level, and then to protect the win on appeal. Patrick G. Vipond obtained a dismissal at the trial court level; Brian J. Brislen wrote a winning appellate brief; and Cathy S. Trent-Vilim argued the appeal to the Nebraska Supreme Court.
Cathy S. Trent-Vilim, prepared a successful appellant’s brief on behalf of firm client. The appeal resulted in the reversal of a near-seven figure jury verdict and the case was remanded for a new trial.
In January 2017, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of a lawsuit brought by a former mental patient against various mental health providers. Jason W. Grams argued the appeal on behalf of five of the providers. William M. Lamson, Jr. and Michael L. Storey orchestrated dismissal of the suit in the district court. The Eighth Circuit affirmed the dismissal on qualified immunity and sovereign immunity grounds.