On June 8, 2023, Partner Craig Martin gave a presentation to the members of the Metro Omaha Builders Association (MOBA). Craig discussed how a construction contract is one of the best tools to get paid in full, and on time. He also talked about how contracts need to be reviewed from time-to-time and offered some tips on how to improve upon existing construction contracts.
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 ends 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. This blog post will discuss the timeline of property taxes and what to do if you [...]
LDM is happy to welcome five new Law Clerks - Anna Clark, Darlene Gomez, Kendra Sparby, Kelsey Schott and Zoey Shipley. Anna and Darlene have joined the Omaha office and Kendra, Kelsey and Zoey are working at our West Des Moines location. We welcome them, and are thrilled to have all of them on our team. Five new clerks, four different schools, one common goal, pretty exciting times here [...]
Law Clerks Maddie Hasley and Spencer Mitchell graduated from UNL College of Law on Saturday, May 20th. Maddie graduated with distinction and was selected as a member of Order of the Barristers. Spencer graduated with high distinction and a pro bono certificate. Congratulations to both on this achievement!
In Clark v. Scheels All Sports, Inc., 314 Neb. 49 (2023), the Nebraska Supreme Court hinted a longstanding paradigm that governed summary judgment procedure in medical malpractice actions is likely no more. Before Clark, a defendant physician could prevail on summary judgment by preparing and submitting an affidavit that vouched for her or his care, after which the burden of proof shifted to the plaintiff to advance expert [...]
Partner Sean Minahan and attorney Olivia McDowell recently obtained summary judgment dismissal of a breach of contract action relating to custom oat baling work. LDM's clients, the plaintiffs, performed windrowing, raking, and baling of oats on the defendant's property pursuant to an oral agreement. Upon completion of the work, the defendant refused to pay for the custom baling. As a result, the plaintiffs brought suit for breach [...]
If you are a healthcare practitioner wondering if you will be sued someday, the numbers are in: According to a recent study, on average 7.4% of all physicians (regardless of specialty) had a medical malpractice claim annually. By age 45, 36% of physicians in low-risk specialties and 88% in high-risk categories had at least one such claim. By age 65 those numbers skyrocket: 75% of physicians in low-risk, [...]
Partner Jason C. Palmer recently presented on the basics of cargo claims under the Carmack Amendment to the Auto Owners Insurance Company. His presentation discussed the basics of Carmack claims and what constitutes “delivery” of cargo under Carmack. It also covered defenses to the Carmack Amendment including the “Savage” rule.
Attorneys Erin Artz and Olivia McDowell recently returned to their alma mater, Mercy High School, to speak with an Advanced Placement US Government class about law school, lawyering and how law firms work. They also had an opportunity to speak with students who expressed interest in joining the mock trial team, which Olivia McDowell will be coaching this upcoming year.
A nurse practitioner (“NP”) is a type of Advanced Practice Registered Nurse (“APRN”). NPs are nurses with a graduate degree in advanced nursing. NPs are trained to diagnose illnesses, perform physical assessments, and prescribe medication (depending on state regulations) related to primary care and specialty services. This level of clinical judgment unfortunately opens the door for the medical malpractice lawsuits. The number of NPs in the U.S. has [...]
Partner Mark Novotny and Attorney Olivia McDowell recently obtained a dismissal of a medical malpractice lawsuit against a physician arising out of allegations of misdiagnosis. Key to the success was an understanding and analysis of the Nebraska Rules of Civil Procedure for amendments of pleadings. The plaintiffs sought leave to amend their previously filed complaint to add a hospital as a party defendant but failed to request [...]
Lamson Dugan & Murray LLP welcomes attorney Jack L.C. Pietig. Jack Pietig is a litigation associate at LDM’s West Des Moines office. Prior to joining the Firm, Jack worked as a law clerk for Justice Matthew McDermott of the Iowa Supreme Court during the 2020–21 term. As a law clerk, he drafted language for judicial opinions and conducted research memorandum on a wide array of legal issues. Jack [...]
Maybe you have negotiated with your counterpart to include an arbitration provision in your construction contract or picked up a form contract that selects arbitration as the method of dispute resolution. Regardless of the circumstances, when the time and need for arbitration comes, the big question remains, who will be the arbitrator(s) tasked with the fate of my case, my client, my company or my project?When it comes down to [...]
Partner Jason C. Palmer recently presented to the Iowa Communities Assurance Pool (ICAP) on the “Logistics of Staffing and Critical Incident Response in Jails.” This live discussion covered the logistics of staffing and its direct impact on routine operations, management of inmates and critical incident response. Jason also discussed the related potential for liability and litigation as relates to jail operations. ICAP provides property and casualty coverage to [...]
How did I forget? Back in August 2022 the Federal Crop Insurance Corporation (FCIC) released revisions to the Rainfall Index Common Policy, Basic Provisions which became effective on January 1, 2023. The changes included revising certain definitions to match those of the Common Crop Insurance Policy and adding a 30-day deadline to appeal a determination of good farming practice. Furthermore, the FCIC added a provision which would allow [...]
William R. Settles, Partner Describe your career trajectory Until my junior year in college, I thought I was going to be a doctor. Once I recognized my aversion to blood and sick people, I needed something different to do. I tagged along with my roommate to a moot court presentation and found I really enjoyed it. Two years later I was a first-year law student at Notre Dame [...]
Partners Mark E. Novotny and Anne Marie O’Brien have been approved by the Financial Industry Regulatory Authority (FINRA) to serve as qualified arbitrators for deciding disputes. Mr. Novotny and Ms. O’Brien underwent extensive background checks, interviews, training, and testing to become qualified FINRA arbitrators. FINRA arbitrators are independent and are chosen to hear disputes and issue final, binding decisions. FINRA provides an arbitration forum, pursuant to rules [...]
Just under six years have passed since Iowa enacted its medical malpractice certificate of merit requirement, codified at Iowa Code § 147.140. Iowa practitioners have paid close attention during these years as the Iowa Supreme Court and Iowa Court of Appeals have explored the requirement’s contours. And just this month, the Iowa Supreme Court outlined another layer of considerations Iowa practitioners must keep in mind while litigating medical [...]
Partner Adam R. Feeney presented at the Midlands African Chamber’s Power Hour on Thursday, March 16, 2023. During his presentation he discussed the importance of drafting and following organizational agreements for businesses. Adam specializes in commercial litigation and arbitration. He has represented clients in various disputes, including corporate partnership, breach of contract, creditors’ rights, product liability, RICO, securities fraud, employment, trusts, and estates. To learn more about Adam [...]
Partner Jason C. Palmer recently presented a webinar on the basics of cargo claims under the Carmack Amendment to the Iowa Motor Truck Association (IMTA). His presentation discussed the basics of Carmack claims and what constitutes “delivery” of cargo under Carmack. It also covered defenses to the Carmack Amendment including the “Savage” rule and limiting the liability of the carrier through the bill of lading and tariffs. Jason’s [...]
Unfortunately, winning a case does not guarantee that you will collect money. The court is not responsible for collecting the judgment. Rather, if the judgment debtor (losing party) does not voluntarily pay the judgment to the judgment creditor (winning party), the judgment creditor must take action to collect. For construction cases, the issue becomes more complicated and nuanced where a construction lien is filed on real property owned by a [...]
Law Clerk Maddie Hasley received the Excellence in Trial Advocacy Award by the American Board of Trial Advocates (ABOTA) on Friday March 3, 2023 at the University of Nebraska College of Law Student Bar Association’s annual Meeting of the Minds event.
Attorney Erin K. Artz recently participated in Creighton Law School’s “Women in Business Law” panel discussion. This panel, hosted by the Women’s Law Student Association and Business Law Society, brought together attorneys from local law firms to share their insights and career development advice with women law students interested in business law.
At the 37th Annual Fellows Dinner, Partner Jason W. Grams was recognized by the Nebraska State Bar Foundation as part of the Class of 2022 Fellows. Nomination and selection to become a Fellow is based upon their dedication to improving the administration of justice, leadership in the profession, civic service, integrity and Foundation support. This is a prestigious honor bestowed annually on only 30 lawyers. Mr. Grams joins [...]
Partner Patrick G. Vipond and Associate Mary C. Mikuls recently obtained a successful summary judgment for a hospital client, having the case against the client dismissed. In addition to a claim for medical malpractice, this success also came in an action under the Emergency Medical Treatment and Active Labor Act (“EMTALA”). Also referred to as the “anti-dumping” law, EMTALA is a federal statute requiring emergency medical providers [...]
PLEASE! Don’t go back and change the health care records after a bad medical outcome. Jurors in Atlanta in late 2022 awarded a $75 million verdict against a pair of Georgia hospital physicians who did just that. The 32-year-old male patient was taken to the ER. It was alleged the physicians failed to diagnose a brain stem stroke for over a day causing catastrophic paralysis. The patient’s family alleged [...]
Of Counsel Loree Nelson and Attorney Theodore T. Appel judged oral arguments conducted by first year law students at Drake Law School on February 28 and March 2, 2023. These oral arguments are designed to give first year law students at Drake Law School the practical experience of appellate advocacy and receive real time feedback on their presentation and arguments from members of the legal community. The [...]
This year marks Lamson Dugan & Murray’s (LDM) 25th anniversary. Founded in 1998, LDM was created with the goal of forming a partnership of talented legal professionals who brought enthusiasm and excellence to the practice of law for the benefit of the Firm’s clients. LDM started with 20 attorneys collectively possessing over 150 years of experience in civil and corporate law. Today, the Firm has 49 attorneys, even more years [...]
William R. Settles has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. The induction ceremony at which Mr. Settles became a Fellow took place recently before an audience of approximately 525 during the recent Spring Meeting of the College in Key Biscayne, Florida. Founded in 1950, the College is composed of the best of the trial bar [...]
Partner Cathy Trent-Vilim was recently published in the American Bar Association’s (ABA) 2023 Winter Issue of the Council of Appellate Lawyers. Her article, “The Dos and Don’ts of Crafting a Strategic and Helpful Amicus Brief,” shares how to craft an amicus brief in a way that will not only get the court’s attention, but also serve the brief’s fundamental purpose: helping the court. Click here to read the [...]
Legislative Bill 591: Proposed Changes Timeline for Notice to Terminate Verbal Lease Agreements Legislative Bill 591 (“LB 591”) proposes a different timeline for tenants leasing agricultural property to give notice to terminate their oral lease agreements. Nebraska does not have a statute governing these terminations, but the Nebraska Supreme Court has set clear guidelines, as further explained below. Current Nebraska Law In Wilson, the tenant had an oral [...]
Callie A. Kanthack, Attorney How have you advanced professionally since joining our team? Since being hired as an LDM Associate, I have had the opportunity to build and improve my litigation skills. During my first year, I took depositions, argued motions, second-chaired a trial, and wrote an appellate brief. Through this experiential learning process, I have received one-on-one feedback from LDM Partners and developed professional relationships among members [...]
Lamson Dugan & Murray LLP is pleased to announce that Craig F. Martin will be expanding his construction practice to include mediation of construction disputes. Craig is certified in mediation by the Supreme Court of Nebraska, having completed both the Nebraska Mediation Association and Advanced Federal Practice Mediation Training programs. For more than 25 years, Craig has helped construction clients resolve all types of construction disputes. During that [...]
Lamson Dugan & Murray LLP recently prevailed in the Iowa Court of Appeals in a case involving a patient subjected to an emergency hospitalization order. The patient sued the medical provider and law enforcement alleging claims of false imprisonment and false arrest. On review, The Court of Appeals, without opinion, affirmed the District Court’s grant of summary judgment to the defendants. Click here to read similar appellate news: [...]
Partner Mark E. Novotny presented to both hospital staff and medical staff at Antelope Memorial Hospital on February 17, 2023, in Neligh, Nebraska. Mr. Novotny addressed topics including: the Cures Act where patients can see clinical notes on their patient portal; refreshing healthcare professionals on medical record documentation requirements; and defensive & proper documentation. He also discussed the genesis and development of Electronic Medical Records, use of Audit [...]
Partner Cathy Trent-Vilim was recently elected to the Eighth Circuit Bar Association Board of Directors representing the state of Nebraska. The Bar Association was formed to improve and facilitate the administration of justice within the courts of the Eighth Circuit; to raise the standards of proficiency and integrity in federal practice; to develop and implement effective, efficient, and uniform rules of practice and procedure within the courts of [...]
Although an appeal comes after the trial is over, you should be thinking about hiring an appellate attorney long before the trial phase of a case. In fact, an appellate attorney can be a valuable resource throughout the pendency of your case in the trial court. How, you ask? First, you cannot appeal an error that has not been properly preserved. Appellate counsel can assist (both before and during trial) [...]
Partners Janice M. Thomas and Cathy Trent-Vilim recently won an appeal in the Iowa Court of Appeals. The case turned on whether an Iowa city owed a legal duty to a minor who was attacked by a dog while she was playing in her own yard. The minor, through her parents, alleged the city was negligent for failing to destroy the dog, which had not been vaccinated [...]
Partners Brian J. Brislen and Cathy Trent-Vilim recently prevailed in an appeal pending before the Nebraska Court of Appeals. The suit involved a family dispute over who should serve as trustee of a disabled brother’s irrevocable noncharitable trust. Under the terms of an amended trust agreement, the trust was being managed by a sister-in-law. Several siblings, however, challenged the validity of the amended trust agreement, claiming the [...]
Legislators, lobbyists, and laws – Oh my! Iowa’s 2023 Legislative Session kicked off on January 10, 2023, with Governor Kim Reynolds’ Condition of the State Address. This address marks Iowa’s ceremonial start to its legislative session each year. In her address, Governor Reynolds informed Iowans about her priorities for the coming year. One of Governor Reynolds’ stated priorities is enacting “common-sense tort reform to stop the out-of-control verdicts” that [...]
1. A Fresh Set of Eyes Even the most gifted trial attorney can develop blind spots in a case. An appellate specialist brings a fresh set of eyes to your case and see issues you do not see. Appellate attorneys can also bring a new perspective to the case. An appellate attorney with no stake in the arguments made in the trial court can take a more objective and dispassionate [...]
Partner Andrew C. Johnson obtained a defense verdict following a jury trial in Polk County, Iowa earlier this week. Plaintiff sought damages at trial in excess of $800,000, claiming a car accident caused by Andy’s client in 2018 resulted in permanent neck and back injuries. Following the accident, Plaintiff underwent several rounds of therapy, injections and radio frequency ablations before undergoing a cervical fusion in 2021. Plaintiff and [...]
Partner Adam R. Feeney was recently featured in The Nebraska Lawyer publication for his article, “Primer on Arbitration and Recent Developments in Arbitration Caselaw.” Arbitration is a binding form of private dispute resolution to which almost everyone has agreed, in one contract or another, certain of their claims are subject. In this article Adam seeks to provide an overview of what arbitration is and the ways courts enforce [...]
Nebraska State Capitol landscape at sunrise Three bills were submitted to the Nebraska Legislature this month that work to protect Nebraska farmers. LB 662 proposes a change to the Nebraska Right to Farm Act. This Act makes it harder for neighbors to sue farmers over nuisances. This bill further limits who is permitted to file a nuisance action and recover damages. LB 394 determines damages for taking [...]
Advanced practice providers, such as nurse practitioners and physician assistants, play a unique role in the care and treatment of patients. These providers see, treat, and consult with patients, many times expanding the level and types of care available to patients, especially in rural communities. Nebraska law encourages the use of advanced practice providers for efficiency and to expand care to areas where medical care may be limited. Nebraska law [...]
Cases that involve alleged brain injury often turn on expert battles over the results of sophisticated neuropsychological testing. These tests—such as the Minnesota Multiphasic Personality Inventory, the Luria-Nebraska Neuropsychological battery, and the Weschler Adult Intelligence Scale—represent the culmination of decades of specialized research. And these tests can often provide key insights into the examinees’ cognitive abilities. Like any test, these neuropsychological batteries can be gamed if the examinee has enough [...]
Amid unprecedentedly high verdicts recently awarded in Nebraska and other Midwest states, two bills were introduced this month in the Nebraska Legislature to amend sections of the Nebraska Hospital-Medical Liability Act (“Act”). Under this Act, damages against qualified healthcare providers for medical malpractice claims are capped at $2.25 million. To be a qualified provider under the Act, healthcare providers must be insured in the amount of $500,000 for each occurrence [...]
A new report issued by the Agency for Healthcare Research and Quality (AHRQ), dated December 15, 2022, alleges: “About 5.7% of patients seen in the emergency department (“ED”) receive an incorrect diagnosis with about 2.0% experiencing an adverse event because of the incorrect diagnosis; some of these adverse events are serious (~0.3%). This translates to about 1 in 18 ED patients receiving an incorrect diagnosis, 1 in 50 suffering an [...]
It happens far too often – you show up at a job site that ends up much different than what you anticipated. What is your best course of action? First, look at your contract. Do you have a differing site conditions or changed conditions clause? Absent such a clause, you may be required to assume any additional difficulty, burden, or expense. However, even in the absence of such a clause, [...]
It happens far too often – you show up at a job site that ends up much different than what you anticipated. What is your best course of action? First, look at your contract. Do you have a differing site conditions or changed conditions clause? Absent such a clause, you may be required to assume any additional difficulty, burden, or expense. However, even in the absence of such a clause, [...]
