Lamson Dugan & Murray LLP Recognized in the 2025 Edition of Best Law Firms® LDM has been recognized in the 2025 edition of Best Law Firms® in the United States, earning rankings across both our Omaha and West Des Moines offices in a total of 13 practice areas. This honor reflects our Firm’s commitment to excellence and dedication to serving clients with top-tier legal expertise. Metropolitan Tier 1 Des Moines [...]
Partners Andrew Johnson, Mike Storey, and Rick Harris recently secured a defense verdict on behalf of a physiatrist, an ARNP, and their hospital employer in a medical malpractice trial in Scott County, Iowa. Plaintiffs sought $27 million from the jury during the two-week trial. Plaintiffs alleged that LDM’s clients’ actions contributed to the premature discontinuation of antibiotics. The patient subsequently died from MRSA. LDM, through both client and expert testimony, [...]
Attorneys Rachel R. Raymond and Stacy L. Morris recently obtained a complete dismissal of all claims for their clients in a Nebraska workers' compensation case. The plaintiff had claimed that he sustained a work-related injury to his back when bending over to lift up an item on the employer's premises. The disputed issues included causation, the nature and extent of the claimed injuries, and the need for [...]
Partner Cathy Trent-Vilim participated in a panel discussion for the Nebraska State Bar Association’s (NSBA) Appellate Practice Section. The session focused on the strategic importance of amicus briefs, including how to craft persuasive arguments, identify opportunities, and navigate the ethical considerations involved in appellate litigation. She was joined by Nebraska Supreme Court Justice Jonathan Papik, Deputy Solicitor General Zachary Viglianco, Danny Leavitt, and Chair of the NSBA Appellate [...]
Lamson Dugan & Murray LLP (LDM) welcomes Kaleigh R. Blinn, Edin Sehic, Hannah C. Junk, and Tevyn L. Waddell. Kaleigh Blinn is a litigation associate in LDM’s West Des Moines, Iowa office. A cum laude graduate from the University of Northern Iowa, she earned her law degree with honors from Drake University in 2024, receiving multiple distinctions for her work in advocacy, public service, and legal writing. Edin Sehic, also [...]
Janice M. Thomas, Partner What is your definition of success? The definition of success to me has two parts. First, knowing I have worked hard to give my client the best representation and the best outcome for the case. Second, I have been able to have a successful career while at the same time having a great relationship with my family. What's the most unique part about working [...]
Partner Cathy Trent-Vilim recently argued two cases before the Nebraska Supreme Court. One case involved a procedural issue related to when a third party’s intervention in a case is proper. The other involved the grant of summary judgment in an employment whistleblower retaliation case. In both cases, Ms. Trent-Vilim argued for the appellee. Decisions are expected in 2-4 months. To learn more about Cathy and her appellate work, click here. [...]
A Nebraska resident potentially faces two types of taxes on the transfer of their assets at death: 1. The Federal Estate Tax, and 2. The Nebraska Inheritance Tax. These two taxes are commonly referred to as “death taxes.” THE FEDERAL ESTATE TAX The federal tax that can affect a deceased Nebraska resident and their heirs is the Federal Estate and Gift tax. The estate tax is a tax imposed by [...]
This prestigious honor celebrates Attorney Erin K. Artz’s outstanding leadership, dedication, and accomplishments in her field and community. Her commitment to excellence and innovation continues to inspire those around her. Lamson Dugan & Murray is proud to see Erin recognized for her remarkable achievements and contributions to our community. Congratulations to all 2024 “40 Under 40” recipients.
Partner Janice M. Thomas was appointed At-Large Representative for the Iowa Defense Counsel Association (IDCA) Board of Directors effective September 12, 2024. She will serve a three-year term. Members of the IDCA are lawyers and claims professionals actively engaged in the practice of law or in work relating to the handling of claims and the defense of legal actions. Founded in 1964, with official incorporation in 1965, its [...]
Attorney Erin K. Artz was recently recognized by the Nebraska State Bar Association (NSBA) as the Volunteer Lawyers Project (VLP) Volunteer Hero. Click here to read her recognition. The NSBA began the VLP in 1983 to help Nebraska attorneys meet their pro bono goals. In 2023, volunteers with VLP helped over 9,600 low-income Nebraskans in 2023.
Partner Patrick G. Vipond and Attorney Olivia R. McDowell recently obtained a defense verdict on behalf of an orthopedic hospital and its employees following a week and a half jury trial in northern Iowa. Plaintiff underwent a total knee replacement with a surgeon and PA employed by the orthopedic hospital. Following the surgery, Plaintiff developed numerous infections, ultimately resulting in an amputation of the left leg. Plaintiff [...]
LDM Of Counsel Mark E. Novotny and Attorney Olivia R. McDowell recently obtained a summary judgment dismissal of their physician client in a medical malpractice case in the United States District Court for the District of Nebraska. The physician, an independent contractor at a Federally Qualified Health Center, was sued for alleged medical malpractice by a patient of the Health Center. Pursuant to the physician’s contract with the [...]
The process of buying a home has long been complicated and expensive, but recent changes are set to shake up the industry. As of August 17th, 2024, real estate agents across the country began following new practices on how commissions are paid. These changes stem from a class action settlement with the National Association of Realtors (NAR) that went into effect, fundamentally altering how real estate agents are compensated. The [...]
Lamson Dugan & Murray LLP is pleased to announce 21 attorneys have been recognized for their professional excellence in the 30th edition of The Best Lawyers in America. The recognition of The Best Lawyers in America® is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Only one attorney is recognized as the Lawyer of the Year for each specialty and location. [...]
Attorney Olivia R. McDowell has been selected to serve on the Board of Directors for the Nebraska Defense Counsel Association (NDCA). The NDCA is a state-wide association dedicated to serving the needs of Nebraska attorneys who focus on the defense of civil lawsuits. With approximately 200 members practicing in state and federal courts, the NDCA plays a vital role in supporting the professional growth and development of its members. [...]
On July 18, 2024, Partner Sean Minahan presented at the American Society of Farm Managers & Rural Appraisers’ (ASFMRA) Education Week on the issues of farm and ranch succession and continuity planning. The ASFMRA is the largest professional association for rural property experts, with over 2100 members, many of which hold special accreditation in farm management, rural appraisal, real property review appraisal and agricultural consulting. Members of the [...]
David A. Changstrom, Attorney What is your definition of success? This is a tough question and I do not have a snappy definition! I think about this a fair amount and my mind has changed many times. Right now, success to me is about being happy with both my outcomes and the means I took to achieve them. At work, that means that I want to both solve [...]
Partner Mike Storey recently persuaded the Nebraska Department of Insurance (“NDOI”) to overturn its own decision to deny an LDM client a producer’s license. A producer’s license would permit the client to sell, solicit, and negotiate insurance in the state of Nebraska. Challenging the decision, Mr. Storey presented documentary and testimonial evidence during a contested hearing at the administrative offices in Lincoln, Nebraska. After receiving and analyzing the [...]
Flow-down clauses are common in subcontracts, particularly when the project involves several tiers of contractors. A flow-down clause incorporates various terms of the upstream contracts into the subcontract, even if the subcontractor has not reviewed the upstream contract. And, the incorporated clauses can act as a waiver of a subcontractor’s claims. Are you reviewing your flow-down clauses and all everything that they reference? The impact of a flow-down clause was [...]
In Connelly v. United States,1 the Eighth Circuit Court of Appeals (which includes Nebraska) ruled that life insurance proceeds received from company-owned life insurance (COLI) following the death of a shareholder must be considered a corporate asset in valuing the shares of the corporation’s stock held by the estate of the deceased shareholder. The ruling resulted in a circuit split with the Ninth and Eleventh Circuits, which previously ruled that [...]
Despite all the technological improvements and increased regulations, pesticide application is not always perfect. Pesticide drift, aka off-target application, aka chemical trespass, resulting in crop damage and yield loss continues to create claims and litigation between neighbors. In many cases, proving whether a chemical trespass may be straightforward. However, proving economic losses are generally more difficult and may encompass losses that extend beyond the crop year. No matter what it [...]
Beginning in June, the final valuation for properties in Nebraska will be released. After the final valuation are released, the window for protesting the valuation begins, and it runs through July 1st. The valuation of property is important to taxpayers because it is the bases that is used to determine a taxpayer’s property tax liability. The increasing valuations leave a lot of people wondering: What can I do if I [...]
Lamson Dugan & Murray LLP is pleased to announce five attorneys have been selected to the 2024 Great Plains Super Lawyers list in addition to attorney Erin K. Artz who has been selected as a 2024 Great Plains Rising Star. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections [...]
In an opinion issued this March, the Nebraska Supreme Court strengthened contractors’ rights to file liens to protect their interests in property upon which they performed work. The case was Nore Electric v. S&H Holdings, 316 Neb. 197 (2024). In that case, the Court held that an owner could not transfer its ownership interest free of contractors’ lien interests during a period following a notice of termination. Under Nebraska law, [...]
Cathy Trent-Vilim, Partner What is your definition of success? For me, success has two key components. Professionally, I think there is some truth to the maxim, ‘Do what you love and success will follow.’ To the extent I have any success as an attorney, it is because I love what I do (at least most days). What's the most unique part about working at LDM? The culture, which [...]
Partner Sean A. Minahan and Attorney Austin C. Printz obtained a favorable ruling for a farmer from north central Nebraska whose 2021 crop insurance claim was originally denied for lack of an insurable cause of loss for his dryland and irrigated crops. While the insurer later admitted to an insurable cause of loss on the farmers dryland crops, the insurer denied the claim alleging the farmer failed [...]
By: Callie A. Kanthack Construction projects involve significant risks to owners, designers, and contractors. Many of these risks are allocated in the parties’ contracts. Risks may also be allocated to insurance companies through policies. By providing coverage for losses, insurance companies protect against certain financial losses and may also indemnify and defend against any claims or lawsuits filed against you. The most common policies for construction projects include worker’s compensation, [...]
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.
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 [...]
How much are you paying your employees? Wages for federally-funded construction projects have increased under the Davis-Bacon and Related Acts and Executive Order 14026. The Davis-Bacon and Related Acts (“DBRA”) applies to contractors and subcontractors performing work on federally-funded or assisting with contracts in excess of $2,000.00 for the construction, alteration, or repair of public buildings or public works. The DBRA requires federal contractors and their subcontractors to pay employees [...]
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 [...]
