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.
This week, Thomson Reuters’ research-driven rating service released its 2013 Super Lawyers Business Edition. The publication includes attorneys from over 8,500 firms who are at the top of their field in various areas of business law. Attorneys are selected by a combination of peer nominations and third party research to identify those who have excelled in their area of practice.
Partners William M. Lamson, Daniel P. Chesire and Kyle Wallor were recognized in their fields of personal injury defense and general litigation. Patrick G. Vipond was recognized in his field of professional liability defense litigation. Craig F. Martin was recognized in his field of construction litigation.
Partners Mark Novotny and William Settles were honored and inducted in to the American Board of Trial Advocates (“ABOTA”). Formed in 1957, membership in ABOTA is by invitation only. Trial lawyers who are of high personal character and honorable reputation may become a member of the ABOTA upon nomination and election. ABOTA’s mission is to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be benefited by more efficient administration of justice consistent with time-tested and traditional principles of litigation. Mr. Novotny and Mr. Settles join a group of elite litigators that make up the Nebraska Chapter of ABOTA.
LDM Partner Mark Novotny recently presented to the Regional Advisory Board of Physicians on the topics of Common Medical Records Charting Errors and Social Media in Medicine. Mr. Novotny provided insight and examples of appropriate charting, mistakes in medical records and risks associated with documentation of health care providers. In addition, Mr. Novotny discussed how the growth and prevalence of social media can impact health care and expose medical providers to both civil and regulatory dilemmas in their practice as more and more health care providers are relying on social media to communicate with colleagues, other health care providers, patients, relatives and friends.
The Nebraska State Bar Foundation has announced that LDM Partner Mark E. Novotny has been selected to its 2013 Class of Fellows.
Lawyers are nominated by existing Fellows and only 30 lawyers receive the Fellow title annually. Those considered for the honor must display integrity, be an established Nebraska lawyer dedicated to improving the administration of justice, provide civic service and be a leader in the legal profession recognized by colleagues.
The Nebraska State Bar Foundation serves Nebraska’s citizens and legal community by administering and funding education programs that advance its goal of equal justice for all. It also seeks to advance the science of jurisprudence, uphold high standards for the judiciary and lawyers, aid charities and welfare programs, and assist with the furnishing, funding or managing of any property relative to the justice system rendered to the public.
This year, LDM participated in the United Way Day of Caring where volunteers throughout the Omaha community volunteered their time supporting nonprofit organizations. LDM had 20 employees helping Elmwood Neighborhood Association with planting trees and shrubs, trimming bushes and spreading mulch in midtown neighborhoods. Nearly 800 individuals throughout the metro area participated in this event impacting 41 nonprofit organizations in our community.
On October 3rd, Partner Cathy Trent-Vilim presented at the Nebraska Defense Counsel Association at the Nebraska State Bar Association annual meeting. The presentation was titled, E-Discovery: One View From the Trenches and discussed practical considerations and tips when dealing with large-scale electronic discovery.
LDM attorneys Brian Brislen and Jason Grams will be presenting portions of the National Business Institute’s “Representing Your Client in Federal Court” seminar on November 15, 2013, at the Scott Conference Center. The seminar is designed for lawyers and other legal professionals and will afford active licensed Nebraska attorneys six hours of continuing legal education credit in Nebraska. Mr. Brislen will present sections on “Developing a Successful Trial Strategy” and “Testimony Tactics.” Mr. Grams will present the section “Is Federal Court the Right Court? Jurisdiction, Venue and Local Court Procedure.” Both authored corresponding written materials for the seminar.
On Sunday, June 23rd, Partner Denise Destache gave a 3 hour presentation, including lecture, case study analysis, and mock depositions, to nurses enrolled in the UNMC Nurse Leader/Executive Advanced Development (LEAD) Program. This is a Masters level program for nurse managers, administrators, and advanced practice nurses, aimed at developing their analytical skills with regard to legal, regulatory, risk management, and ethical issues, and to integrate these skills into their roles as nurse leaders. The presentation was part of the student “immersion weekend,” which is intended to pull all of the course content together at the end of the semester. It consists of 2 days where students, faculty and invited nurse leaders gather at a campus location and participate in role plays and case studies.
On June 28th, Partners Pat Vipond and Denise Destache gave a 2 hour presentation on nursing litigation at Alegent Health Creighton University Medical Center. The presentation included participation by staff members in case scenarios and mock depositions.
Partner Bill Settles presented to the 8th Annual Midwest Regional NICU Conference on August 22, 2013. This conference was sponsored by the Nebraska Neonatal Advanced Practice Association and was attended by nurses, nurse practitioners and physicians assistants who practice in the neonatal intensive care setting. The subject matter dealt with common charting errors and their role in litigation as well as emerging problems with the use of social media in medicine. The presentation outlined the six most common problems that charting can present in the defense of a medical malpractice case and how to avoid them. The growing number of disciplinary actions against licensed health care providers arising out of the use of social media was also discussed. Issues relating to patient confidentiality, HIPPA violations, and patient privacy were discussed and some best practices were outlined.