Drake Law School’s ABA NAAC (National Appellate Advocacy Competition) Moot Court team competed in February in the regional competition that took place in Boston at the First Circuit Court of Appeals. Lamson Dugan & Murray law clerk Kelsey Schott was a member of the team. The team received their problem in November, submitted their brief in early January, and prepared for competition through January and February. Local attorneys and judges [...]
During the Nebraska Supreme Court’s recent March and April sessions, Partner Cathy Trent-Vilim presented oral arguments in three separate cases. The first was an appeal defending healthcare professionals. In that appeal, Ms. Trent-Vilim argued the trial court properly granted a directed verdict in favor of the healthcare professional after the plaintiff could not establish his medical expert was sufficiently familiar with the local community where the medical services [...]
Lamson Dugan & Murray Attorney Ryan P. Tunink presented oral argument to the Iowa Court of Appeals on April 17, 2024, in an appeal defending the appointment of a trustee. The appeal is part of an ongoing intra-family dispute regarding the administration of a woman’s trust. In this specific appeal, Tunink argued that the district court correctly appointed his client as trustee in accordance with the terms of [...]
Attorney Ted Appel, current law clerk Kelsey Schott, and former law clerk Kendra Sparby were recently recognized by Drake Law School for their contributions to its Moot Court Program. Ted was made as an honorary member to the Order of Barristers, a national society whose purpose is to recognize special efforts and contributions to moot court programs in American law schools, for his volunteer work in judging moot court events [...]
Attorney Theodore T. Appel presented oral arguments to the Iowa Supreme Court on Thursday, March 21, 2024 in an appeal defending hospitals and healthcare professionals. The appeal involved Iowa Code section 147.140, known as the certificate of merit affidavit statute. This statute requires a plaintiff to provide an affidavit from a qualified medical expert early in litigation that verifies the allegations of medical malpractice. Failure to substantially comply [...]
Recently, we handled a denial of insurance claim on behalf of a Nebraska Producer who experienced abnormally low yields as a result of an unprecedented drought. The Producer had a valid Federal Crop Insurance Policy and submitted a claim to his insurance company for the loss, using grain scale tickets, where the Producer noted which loads came from certain fields in accordance with the Loss Adjustment Manual (“LAM”), as evidence. [...]
Attorney Erin K. Artz authored “Family Business Succession Planning” which was featured in The Nebraska Lawyer’s March/April issue. The article discusses the importance of succession planning for family businesses, particularly as the owner ages. It emphasizes the need for a comprehensive plan that addresses management, ownership, and tax considerations well in advance of the owner's planned exit from the business. The article notes the high failure rates in [...]
As the issue editor for The Nebraska Lawyer’s March/April issue, Monte L. Schatz, undertook a range of responsibilities. These included the confirmation of topics and authors for articles, organizing the preferred order for articles where applicable, collecting and reviewing articles for content, gathering approved author bios and headshots if not provided with the article, and finally, coordinating the submission of all reviewed articles and bios for final review. [...]
Partners Eric W. Tiritilli and Sean A. Minahan gave a presentation to farm managers on agency law, their role as fiduciaries, and how to best help them from inadvertently binding their company to duties not obligated under a contract. Mr. Tiritilli and Mr. Minahan provided helpful scenarios that were insightful and well received by the audience.
Partner Daniel J. Waters recently sat down with the Omaha Community Foundation for an interview where he shared the importance of working with experts when making financial decisions, including when it comes to charitable giving. Click here to read his full interview.
Partner Mark E. Novotny presented at the 2024 Creighton University/CHI Maternal Child Health Conference at Lakeside Hospital on Wednesday, March 20, 2024. This annual program is designed to provide education to nurses on various issues that impact the care delivered to the neonatal, pediatric and maternal population and to advance the quality of care provided in the hospital and clinic settings. Mr. Novotny spoke to 117 obstetrical labor [...]
Attorney Ted Appel judged oral arguments conducted by first year law students of Drake Law School on March 19, 2024, for the First Year Oral Argument Competition. These oral arguments are designed for first year law students at Drake Law School to gain practical experience in the art of appellate advocacy and receive real time feedback on their advocacy from members of the legal community. This semester’s oral [...]
Michael L. Storey, Attorney What is your definition of success? Success is finding happiness and sharing it with others. Some days finding happiness can be harder than others. But if I can find and share some happiness every day, either professionally (for a client or co-worker) or at home (for friends, family, or even complete strangers), I consider that day to be a success. What's the most unique [...]
Rebecca Queensland is a corporate attorney in LDM’s Omaha office. She graduated cum laude from Hamline University in 2015 with a Bachelor of Arts in Legal Studies and Business Administration. During her time at Hamline, Rebecca was a member of the nationally competitive mock trial team and served as a legal research and writing tutor. She went on to earn her Juris Doctorate from the Sandra Day O'Connor [...]
A “Liquidated Damages” provision should be a key part of your playbook when entering a construction contract. These damages typically apply when a party misses a performance deadline. The value of damages is usually expressed in a certain amount of dollars per day. Liquidated Damages are intended to avoid the difficult task of figuring out the economic impact of delayed performance. In many cases, an accurate estimation is quite difficult [...]
On February 22, 2024, Partner Daniel J. Waters gave a presentation on how to better manage the estate planning process at the Farmers National Company’s 2024 Landowner Workshop Series in Phoenix, AZ. These nationwide workshops help landowners plan for the future, build their legacy and educate their families on succession planning. Click here to learn more.
On February 15th, Partner Craig F. Martin presented at the American Roofing Supply/SRS Distribution’s Week of Education. Craig discussed how contractors, subcontractors, developers, owners, material suppliers and design professionals can deal with construction disputes.
The Iowa Supreme Court recently issued a unanimous, but narrowly written, opinion involving Iowa Code section 147.140, commonly known as the certificate of merit affidavit statute, on February 9, 2024 named Jorgensen v. Smith et. al. The main issue on appeal was whether a plaintiff needs to provide a timely certificate of merit affidavit from a qualified expert to attest that an entity was negligent in retaining medical [...]
Olivia R. McDowell, Attorney What is your definition of success? My definition of success changes daily. Some days, success is winning a big dispositive motion or obtaining a favorable result for a client. Other days, it is just checking something minor off a to do list or supporting a colleague. There has been a trend toward only associating success with big wins or accomplishments, but as an attorney, [...]
So warned IBM in 1979 in its internal training materials. 45 years later, artificial intelligence, at least in the news, cannot be escaped. From OpenAI’s ChatGPT large language model, to Midjourney’s text-to-image generator, the Internet abounds with tools that claim to be able to perform tasks that, until quite recently, required human creativity and spark. Is this something that we should fear? As the author is acutely aware, the creators [...]
LDM is proud to participate in Grow Nebraska Women’s Business Center’s BAIL Series. BAIL stands for banker, accountant, insurance and legal. These entities are crucial to the growth and proper development of a business. LDM’s participation in the office hours for the BAIL series will allow access to quality information. Office Hours for the BAIL Series will be hosted every Wednesday from 10:30 a.m. – 3:00 p.m. at Heartland Workforce [...]
Lamson Dugan and Murray LLP announces the election of Cathy Trent-Vilim as the newest member of the Management Committee. This decision, made by the Partnership of the Firm, solidifies Cathy's position alongside Omaha Partners Patrick G. Vipond and Kyle Wallor, as well as Des Moines Partner Rick Harris. Rick, also a newer member of the Management Committee, joined in January of last year. Cathy specializes in the [...]
In any ag community there is lot of cooperation and partnership between farming operations and the ag industries that service those operations. Neighbors may loan equipment and labor to put in, maintain, or harvest a crop, while others do the same to care for livestock. In some cases, an ag service may call in another provider to cover a client’s needs. Generally, this cooperation and partnership works well and helps [...]
After 7 years of litigation, two mistrials, and only days before starting a third jury trial, LDM obtained summary judgment in a medical malpractice case. The case involved a woman who lost her breast after developing mastitis caused by an especially aggressive strain of MRSA. The parties first tried the case in the summer of 2022. It ended in a mistrial after 3 jurors were excused less [...]
Attorney Callie A. Kanthack has been selected to join The Women’s Fund Circles Class 12. The Women’s Fund addresses gender-based inequities in our community through collaboration that identifies, researches and creates solutions to advance, educate and fund lasting impact. Circles is a diverse network of professionals who support the mission of the Women’s Fund to improve the lives of all women, girls and anyone facing gender-based oppression in [...]
Congress passed the Corporate Transparency Act (CTA) to capture more information about the ownership of specific business entities operating in the United States. The CTA accomplishes this by requesting business entities that are deemed "reporting companies" to provide "beneficial ownership information" to the Financial Crimes Enforcement Network (FinCEN). Starting January 1, 2024, existing business entities that are required to report under the CTA have one year to make the initial [...]
Lamson Dugan & Murray LLP (LDM) names Andrew R. Wilkinson as partner to the Firm. Previously an associate at the Firm, Andrew Wilkinson continues his practice in the litigation department. His areas of expertise include construction litigation, transportation litigation, medical malpractice defense, business dispute litigation, and insurance matters. Andrew enjoys representing contractors, subcontractors, developers, owners, material suppliers and design professionals in construction disputes. He has extensive first chair [...]
Lamson Dugan & Murray LLP was regulatory counsel for Midwest Holding Inc. in connection with the 100 million dollar transaction whereby it was acquired by the New York investment firm Antarctica. Click here to read the full press release.
After lengthy litigation that began in October 2020, Partner Andrew C. Johnson and his team at LDM obtained summary judgment dismissal of all pending claims against his clients, the Respondents, in a Will dispute pending in Black Hawk County, Iowa. The Petitioner sought to have a Will set aside due to undue influence and lack of capacity. As the case progressed, Petitioner added claims for alleged fraud and [...]
Recently, the 8th Circuit Court of Appeals decided United States ex rel. Kraemer v. United Dairies, L.L.P., a case involving an application for crop insurance and the False Claims Act. The court held that a false claim had not been made, because the record only established that United Dairies received the crop insurance coverage it paid for, and the insurance provider regularly paid these types of claims despite violations of [...]
LDM was proud to be a sponsor of the "Las Posadas" Celebration put on by Casa de la Cultura at the Elevator Co-Warehousing + Community space on December 8, 2023. The event featured food and drinks from local business and musical and cultural performances. The "Las Posadas" Celebration highlighted the work of Casa de la Cultura and its partners the Latino Economic Development Council, the Barrientos Scholarship Foundation, Metro Young [...]
Attorney Olivia McDowell, alongside teacher coach Mr. Brooks Humphreys, spent this fall coaching Mercy High School's Varsity and Junior Varsity mock trial teams who competed in the Nebraska State Bar Foundation's annual mock trial program. Beginning in September, the team met to learn the basics of being a trial attorney or witness and built a case theory. This year's case was a criminal trial centered upon the dissemination of national [...]
Ryan P. Tunink, Attorney What is your definition of success? Success is improving each time you try something while finding joy in trying it. What's the most unique part about working at LDM? The most unique part of working at LDM, at least as an associate, is how quickly the firm helps you get practical experience at every step of the litigation process. The partners at LDM are [...]
Partner Adam R. Feeney presented at the Midlands African Chamber’s Xcelerator Program on November 7, 2023. The Xcelerator Program is an enterprise accelerator program designed to strengthen, energize, and support startups and small businesses led by BlPOC entrepreneurs in Nebraska and throughout the Midlands. Adam presented on different types of business entities and their potential pros and cons, as well as other business formation issues. He has represented clients in [...]
Partner Sean Minahan recently provided a "Farm Succession and Continuity Planning" presentation to the Nebraska LEAD Program, 2022-2024 LEAD Fellows 41. The LEAD Fellows were provided in depth information as to the necessity of succession planning, the vehicles for an effective succession plan, and how a proper succession plan will ensure the continuity of a farming and ranching operation for the next generation.
LDM attorneys recently participated in Creighton University’s Opportunity Knocks. The Opportunity Knocks event allows first year law students to meet and interact with attorneys from different firms and learn about the different areas of practice.
LDM is proud to share that the LDM Suit Scholarship has been extended to Drake Law School to help students put their best foot forward. Earlier this year LDM launched a suit scholarship for Creighton law students that is designed to reduce barriers to entry in the legal profession. Each scholarship is an award of up to $500 to help alleviate the financial burden of purchasing business professional attire for [...]
On Wednesday, October 18th, hundreds of distinguished members of the bench and bar, along with 14 attorneys from LDM, gathered in the Gold Coast Ballroom of the Kimpton Cottonwood Hotel in Omaha to celebrate the Nebraska State Bar Presidency of LDM Partner Jason W. Grams. Those in attendance celebrated Jason’s hard work and dedication to the Bar Association over the past year. After Jason summarized some of the [...]
Lamson Dugan & Murray LLP (LDM) received Legal Aid of Nebraska’s Equal Justice Partner Award which was presented to the Firm on Friday, October 6, 2023 at Legal Aid’s 60th anniversary celebration dinner. The Equal Justice Partner Awards were created in 2019 to honor firms, volunteers, and community partners who support Legal Aid of Nebraska’s mission to promote justice, hope, dignity, and self-sufficiency through quality civil legal aid [...]
Partner Daniel J. Waters presented at the Lauritzen Bank’s Lenders Meeting on September 28, 2023. His presentation focused on business succession planning with key points including the lender’s approach to business continuity planning and corporate governance. Dan’s practice focuses in the areas of estate planning, business succession planning, corporate governance, and commercial transactions. He regularly counsels closely held businesses and their owners. Click here to learn more about [...]
Attorney Ted T. Appel judged oral arguments conducted by first year law students of Drake Law School on September 26 and September 28, 2023 for the C. Edwin Moore Oral Advocacy Competition. These oral arguments are designed for law students in their first semester at Drake Law School to gain practical experience in the art of appellate advocacy and receive real time feedback on their advocacy from members [...]
Partner Janice M. Thomas and Attorney Bryony J. Whitaker recently presented at the 59th Annual Iowa Defense Counsel Association Conference. Janice Thomas’ presentation focused on trial from a juror’s perspective. She also provided tips and tricks to defense counsel, and how to portray their case. Bryony Whitaker shared a case law update on recent appellate decisions surrounding civil procedure and employment law.
Attorney Bryony J. Whitaker was recently elected as the New Lawyers Representative for the Iowa Defense Counsel Association (IDCA). This role includes being the voice for younger defense lawyers, organizing a deposition bootcamp, contributing to new legislation and assisting with the annual defense counsel conference. The IDCA’s mission is to be the trusted professional voice for the defense of civil litigants. Members of the IDCA include lawyers and [...]
On occasion we field a call from a landowner who has an issue with the condition of a neighbor’s drainage ditch. The landowner believes uncontrolled weeds and silt deposits in the neighbor’s drainage ditch is preventing runoff from the landowner’s drainage ditch. Usually, the issue is resolved with some open communication and a simple request to clean and clear the drainage ditch. Unfortunately, on occasion the neighbor has no interest [...]
Attorney Ted Appel recently went “on the road” with the Iowa Court of Appeals. In the following post, he shares with us his experience and how this initiative impacts our community. Q: For those who are not familiar, tell us what the Iowa Court of Appeals’ On the Road event is? ANSWER: Iowa’s court system is divided into three levels of courts: Iowa District Court, Iowa Court of Appeals, [...]
LDM congratulates Maddie C. Hasley, Spencer J. Mitchell and Diana Vazquez Ayala on their recent achievements of being sworn in and joining the Firm as attorneys. Maddie is an associate in LDM's litigation department in the Firm's Omaha office. She graduated with distinction from the University of Nebraska College of Law where she was a Senior Member of the Moot Court Board. She also received the American Board of Trial [...]
Partner Cathy Trent-Vilim was recently invited to become a Fellow in the Academy of Appellate Lawyers. The Academy is an invitation-only association of respected appellate lawyers. Fellows face stringent membership criteria, undergo rigorous screening, and are approved by the Academy’s Board. Fellows must have 15 years of appellate practice and receive unsolicited nominations from two Fellows. After a rigorous vetting process, the Board of Directors votes on each [...]
Ellen K. Geisler, Attorney What is your definition of success? Working hard and seeing results. Results are not always immediate and often it is the slow day-to-day grind that pays off in the long run. Success does not happen overnight. What's the most unique part about working at LDM? There’s no one-size-fits all approach. In my experience, the firm embraces that each individual has different strengths that they [...]
Lamson Dugan & Murray LLP (LDM) welcomes attorney Austin C. Printz Austin Printz is a litigation attorney in LDM’s Omaha office. Prior to joining the Firm, Austin served in the Air Force Judge Advocate General’s (JAG) Corp for four years, where he assisted active duty and retired military members with preparing wills, solving landlord-tenant disputes, and providing guidance on divorce. He also represented the United States as a [...]
Lamson Dugan & Murray LLP recently promoted Sarah Rotermund as the Executive Director. Sarah, previously the Firm’s Director of Marketing, will now lead the day-to-day operations of the Firm in addition to her continued oversight of marketing initiatives. Sarah is a 40 Under 40 recipient and has over 10 years of experience helping businesses and individuals navigate marketing challenges in various industries. Her experience as an advisor for [...]
