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Defense Verdict Affirmed by the Nebraska Court of Appeals

LDM attorneys Mark Novotny and Sarah Macdissi have obtained a ruling from the Nebraska Court of Appeals affirming the dismissal of a dental malpractice lawsuit.  The Plaintiff’s Complaint was dismissed on summary judgment because the Plaintiff failed to rebut the prima facie evidence that the defendant dentist had met the standard of care in his treatment of the Plaintiff.  The Nebraska Court of Appeals upheld the dismissal.

Partner Brian Brislen Contributor to Business Torts A Fifty State Guide

LDM Business Litigation Partner Brian Brislen was a contributing editor to the 2014 edition of Business Torts A Fifty State Guide published by Wolters Kluwer.  Mr. Brislen contributed the Nebraska Chapter to the book designed to provide a succinct summary of the business torts laws of the fifty states and the District of Columbia.  Mr. Brislen was assisted in this project by LDM law clerk Jonathan Cox.

LDM has a limited number of copies of the Guide available.  If you would like a copy, please contact Mr. Brislen at Brian J. Brislen.

Omaha Magazine Releases Results of Best Lawyers in America

Omaha Magazine has released the Omaha results of The Best Lawyers in America for 2014.  This list is an excerpt from The Best Lawyers in America which includes listings for more than 50,000 lawyers in 128 specialties, in all 50 states who have been chosen through an exhaustive survey in which top lawyers confidentially evaluate their professional peers.

Partner William M. Lamson was recognized in his fields of Bet-The Company Litigation, Commercial Litigation, Regulatory Enforcement (SEC, Telecom, Energy), Medical Malpractice Defendants and Personal Injury Litigation Defendants.

Partner Robert J. Murray was recognized in his fields of Corporate Law and Tax Law.

Partner Patrick G. Vipond was recognized in his fields of Commercial Litigation and Professional Malpractice Law Defendants.

Partner Dave Schmitt Earns Master of Laws Degree

David J. Schmitt has earned a Master of Laws degree from the University of Nebraska College of Law.  He received the LL.M. degree in Space, Cyber, and Telecommunications law.  David is a partner with the firm and represents corporations and individuals in a broad spectrum of legal matters, including railroad defense under the Federal Employers’ Liability Act, product liability, insurance defense, and commercial and tort litigation.

A Defense Verdict for Partner, Sean Minahan

On January 17, LDM Attorney, Sean Minahan, obtained a defense verdict on behalf of Johnson Sand & Gravel, Co. in Polk County, Nebraska, which was sued by a neighboring landowner for crop damage caused by flooding.  The landowner alleged Johnson Sand & Gravel negligently blocked the natural drainage of rain water in the area causing water to back up onto the landowner’s fields resulting in approximately $200,000 in lost corn yields.  After a 5 day bench trial the judge ruled in the favor of Johnson Sand & Gravel finding the landowner failed to prove Johnson Sand & Gravel’s actions were a proximate cause of the landowner’s damages.

Partner Mark Novotny Speaks on Current Health Care and Risk Management Topics

Presenting to the Johnson County Hospital Medical Staff, LDM Partner Mark Novotny recently spoke on current topics concerning health care and risk management.  Attended by medical, nursing and physician assistant staff, the Power Point slide show and discussion provided examples of critical situations and solutions to avoid patient misunderstandings and avert medical malpractice claims and lawsuits before they start.

Cathy Trent-Vilim to Teach Trial Advocacy at UNL College of Law

This coming spring, Partner Cathy Trent-Vilim will be teaching a three hour course at UNL College of Law focusing on trial techniques, such as voir dire, opening/closing, direct and cross examination, etc.  The students will be comprised of third year law students.  The class will include some lecture but the emphasis will be on practical application culminating in a mock trial.

Food Bank for the Heartland Challenge

After a challenge was declared between first and second floor employees of Lamson, Dugan and Murray, over 1,700 pounds of food was delivered to the Food Bank for the Heartland last week.  While the second floor employees were the victors in this challenge, we are proud of each and every member of Lamson, Dugan and Murray for contributing to those less fortunate.

William Lamson Speaks at Fall Meeting of NARTC on Diabetes Litigation

Together with a representative of a client’s office, Bill Lamson was invited to speak at the Fall Meeting of the National Association of Railroad Trial Counsel (NARTC), held October 9-12, 2013 in San Diego, California on the subject of the status of the ongoing Nebraska litigation involving a total of 34 lawsuits filed by current and former railroad employees.  The lawsuits were filed against our client under the Federal Employers’ Liability Act (FELA), alleging that certain conditions relating to their occupational work environment caused them to lose sleep, which led to the development of type 2 diabetes mellitus.  Plaintiffs have further alleged that certain work conditions also violated the Hours of Service Act.  To date, 18 of the 34 lawsuits have been dismissed, all of which have been dismissed without any payment to the plaintiffs.