LDM Partner Bill Settles recently completed a weeklong medical malpractice jury trial in the Lancaster County District Court. The jury returned a verdict in favor of LDM’s clients, two orthopedic surgeons from Lincoln, NE. The case involved the treatment of a complex ankle fracture in a fifteen year-old patient. The patient developed a growth arrest in the ankle and required surgery to correct the resulting deformity. He went on to suffer wound healing problems and developed an MRSA infection. The resulting complications led to permanent impairment of the foot and ankle and nearly resulted in amputation. Mr. Settles successfully defended the case against one of the premier plaintiffs’ attorneys in Nebraska. The Firm congratulates Mr. Settles and the entire LDM team who worked on the case.
Partner Dave Schmitt published an article in the Creighton Law Review: David J. Schmitt, The Computer Fraud And Abuse Act Should Not Apply To The Misuse Of Information Accessed With Permission, 47 Creighton L. Rev. 423 (2014). The article analyzes the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which has been the subject of conflicting and contrary judicial interpretations as to whether it is limited to violations of access restrictions, or whether it applies when an individual misuses computer information that was accessed with permission. Mr. Schmitt analyzes the legislative history of the CFAA; the current split in the federal courts whether the CFAA applies when computer information accessed with permission is misused; recent legislation that has been proposed to resolve the ambiguity in the statutory text; legal doctrines that require the CFAA be interpreted narrowly; and policy considerations that support limiting the CFAA to violations of access restrictions. He concludes with his recommendation that Congress amend the CFAA, and absent further action by Congress, that the United States Supreme Court resolve the judicial split by holding the CFAA does not apply to misuse.
Partner Denise Destache presented at the Nurse Leader Immersion Weekend sponsored by the University of Nebraska Medical Center at its Kearney campus on June 28th. The presentation was on legal issues in nursing and included lecture, case evaluations, and mock depositions. The seminar was attended by nurse administrators, nurse educators, and nurses enrolled in advanced practice nursing programs.
Partner Brian Brislen presented What I Learned About Litigation From Teaching Trial Advocacy at the Nebraska Defense Counsel Association’s Annual Meeting on June 6, 2014, at Wilderness Ridge Golf Course in Lincoln, Nebraska. Mr. Brislen currently serves as an adjunct faculty member for Creighton School of Law and has taught trial practice classes and legal writing and lawyering skills.
Michael Storey has joined our Litigation Department as an associate attorney. He received his law degree from St. Louis University School of Law and bachelor’s degrees in Accounting and Finance from Creighton University. Mr. Storey worked two years for the Nebraska Supreme Court as a clerk to the Honorable Michael McCormack prior to joining the Firm.
On May 14th, Denise Destache presented to the Nebraska Organization of Nurse Leaders (NONL). The members of NONL are nursing leaders from Nebraska health care facilities, agencies, and colleges of nursing. The topic of the presentation was “The Role of Nurse Leaders in Preventing and Responding to Malpractice Claims.
We are pleased to announce that our Construction Contractor Advisor blog was selected as the 2014 Best Construction Blog by Construction News and Report Group. You can see the blog by clicking here. The judges for the competition evaluated the competitors’ blogs for frequency, design, writing quality and relevance, and found our Construction Contractor Advisor blog to be a good resource for all things related to construction law.
Cathy Trent-Vilim joins the Omaha Network (ON). Started in 1979, the Omaha Network is an invitation-only, limited membership networking group for business women in Omaha.
On April 10, 2014, Ryan Crnkovich won the championship round of Professor R. Collin Mangrum’s annual trial competition at Creighton University School of Law. Ryan, along with his partner Skyler Pearson, competed in seven trials during the course of the competition before being named the tournament champions. The competition took place over the course of four weeks, with over forty second year law students competing in the tournament. The winners of each round were selected by third year students on Professor Mangrum’s Advanced Trial Practice Team who compete at both the regional and national level. Since winning the trial competition, Ryan has accepted an invitation to compete as a member of Professor Mangrum’s Advanced Trial Practice Team next year.
From March 24-26, 2014, Sarah Smith traveled to Washington, DC to participate in the Arthritis Foundation’s annual Advocacy Summit. Ms. Smith has been involved with the Arthritis Foundation for over a year and was asked to lend her advocacy skills in support of the Foundation. While attending the Summit, Ms. Smith met with Nebraska Members of Congress and their staff to discuss policy initiatives that the Foundation supports. She will continue her advocacy efforts throughout the year by staying apprised of changes in healthcare law and reaching out to Members of Congress.