The United States District Court for the Northern District of Illinois recently held that a provision of the Federal Aviation Act, 49 U.S.C. § 44112, preempted state law negligence and strict liability claims brought against a former owner of an aircraft by the heirs of people who died in a plane crash. See J.A.G.P. v. Aerolineas Damojh, S.A. de C.V., No. 1:19-CV-02552, 2022 U.S. Dist. LEXIS 24858 (N.D. Ill. Feb. [...]
On February 4, 2022, President Biden signed an Executive Order on the use of project labor agreements (“PLA”) on federal construction projects. The Order will not go into effect until the Federal Acquisition Regulatory Council drafts regulations, which must be issued by June 4, 2022. President Biden’s executive order is making good on his promise to be the most “union friendly” president in history and could impact over $262 billion [...]
In July 2021, the Nebraska Supreme Court decided an important case on the Nebraska sales and use tax and how it is applied to aircraft. In the case, Big Blue Express, Inc. v. Neb. Dep’t of Rev., 309 Neb. 838 (2021), the supreme court concluded that the “sale for resale” exemption found at Neb. Rev. Stat. § 77-2701.34 did not exempt an aircraft from sales and use taxes when the [...]
In Anderson v. Union Pac. R.R., 7:18-cv-5010 (July 6, 2020), the Nebraska federal court granted the defendant railroad’s motion for summary judgment on the statute of limitations in a toxic action filed under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. The plaintiff filed the action on August 21, 2018 claiming he was exposed to diesel exhaust and alleged toxic materials while he worked for the railroad which [...]
In a personal injury case it is important to secure all of the plaintiff’s medical records before taking a plaintiff’s deposition. Medical records are important to determine the nature and extent of the claimed injury. Reviewing medical records in detail will provide insight whether a plaintiff complained of the same or similar conditions before the subject incident. Medical records typically contain a patient’s history, including the date of onset and [...]
Railroad workers are filing FELA lawsuits against their former employers claiming they were exposed to alleged toxic substances during their railroad careers which caused them to develop cancer. Most of the plaintiffs are retired and developed cancer late in their lives. They claim their railroad employment from decades earlier is responsible. It is important when taking a plaintiff’s deposition in a toxic tort action to have the plaintiff be specific [...]
Lamson Dugan & Murray attorney Lily Ealey was recently appointment to the Santa Monica House Board of Directors. The Santa Monica House was the first halfway house in Omaha, Nebraska, designed exclusively for women. Since 1972, it has administered a caring, comprehensive program for women who desire to live without the burden of addiction.
LDM Attorneys Nichole Bogen and Lily Ealey published an article in the November/December 2021 Nebraska State Bar Association publication, The Nebraska Lawyer. The article featured is titled, "Help! My Client Received a Charge of Discrimination from the Nebraska Equal Employment Opportunity Commission." Nichole Bogen is a partner in the Lamson Dugan & Murray Lincoln office. She has represented clients in federal and state courts involving railroad and [...]
The resurgence of COVID-19 has increased the importance of force majeure clauses in construction contracts. Here are some things to consider for your force majeure clause. Effect of Force Majeure Clause Force majeure clauses seek to excuse the nonperformance of a party. A party is no longer obligated to perform when an event expressed in the force majeure clause occurs, and the event is the cause of the party’s inability [...]
Construction projects are risky, and parties allocate risk to reduce their own liabilities. Indemnification clauses shift risk from one party to another, but they come in may shapes and sizes. Therefore, it is important to read yours carefully. Terminology and Effect of Indemnification An “indemnitor” promises to compensate an “indemnitee” for injury or loss that the indemnitee incurs. Subcontractors are typically indemnitors that promise to “indemnify” the general contractor for [...]
Lamson Dugan & Murray attorneys helped those in need by participating in the Salvation Army’s Red Kettle Collection bell ringing campaign on December 23, 2021. The Salvation Army of Omaha serves the greater Omaha metropolitan area from feeding programs and homelessness prevention to mental health and older adult services. The Red Kettle Collection bell ringing campaign is a great way to volunteer and help those in need in the [...]
Lamson Dugan & Murray attorneys and staff spread some holiday cheer by volunteering to serve dinner at the Siena Francis House in Omaha, Nebraska, on December 20, 2021. The Siena Francis House was founded in 1975. It provides shelter, food, clothing and other emergency services to individuals experiencing homelessness. The Siena Francis House also provides on-site, Permanent Supportive Services for formerly homeless, disabled persons, as well as [...]
The tug-of-war on vaccination continues. On December 17, 2021, a federal appellate court lifted the stay on OSHA’s emergency temporary standard requiring employers with 100 or more employees to ensure employees are vaccinated or are testing regularly. The appellate court’s decision was immediately appealed to the U.S. Supreme Court. What does this mean for employers? OSHA’s emergency temporary standard (ETS) requiring vaccinate or testing and masking is now in place, [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
On December 7, 2021, a federal judge in Georgia issued a nationwide injunction preventing the Biden administration’s Covid – 19 vaccine mandate for federal contractors from going into effect. The injunction will remain in place until the court reaches a final decision on the matter, which could take several months. In ruling in favor of the various states that filed the lawsuit, the court found that President Bidens’s Administration likely [...]
Congratulations to LDM Partner Catherine French McGill for being appointed to the Salvation Army of Omaha’s Advisory Board. The Salvation Army of Omaha serves the greater Omaha metropolitan area through its multiple worship centers and service locations, from feeding programs and homelessness prevention to mental health and older adult services. See the announcement.
Central pivot irrigation systems are vitally important in Nebraska. Not only is Nebraska the most irrigated state in the U.S., it is also the largest producer/user of center pivot systems in the world.[1] For Nebraska farmers and legal practitioners alike, it may be important to understand how center pivot systems are classified when either buying, selling, or assessing, for taxation purposes, farmland that utilizes a center pivot irrigation system. [...]
The New FAR clause is out and the federal government is issuing amendments/modifications of contract notices on federally funded project. For those of you new to this discussion, please check out our earlier blog on the new vaccine mandate. As we warned you earlier, the federal government is now amending contracts to require all employees working on the federally funded project to be vaccinated. There is no carve out for [...]
Congratulations to attorney Ellen Geisler for being named Nebraska State Bar Association Young Lawyer Section Representative for District 4.
The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor. The Guidance explains which contracts are covered, which employers are covered and the COVID-19 vaccination requirements for covered employees. Below are answers to common questions about the Guidance. When will the Vaccine Mandate start? Government agencies will begin implementing the new requirements during the [...]
Lamson Dugan & Murray Partners, Anne Marie O’Brien and David Schmitt will be giving a webinar presentation on defending FELA toxic tort cases on October 20, 2021. The Webinar is sponsored by ASLRRA, the American Short Line and Regional Railroad Association.
On August 13, 2021, Partner Mark Novotny received the Lifetime Fellow of the Nebraska State Bar Foundation honor. This is given to Nebraska lawyers for their outstanding legal ability, leadership and dedication to the administration of justice through philanthropic gifts to the Bar Foundation. Congratulations Mark!
Congratulations to attorney Andrew Huber for being selected to the 2021 Great Plains Rising Stars list. This honor is reserved for those lawyers who exhibit excellence in the practice of law. Only 2.5% of attorneys in Great Plains receive this distinction. Congratulations Andrew!
Two social justice organizations, Iowa Citizens for Community Improvement (ICCI) and Food and Water Watch (FWW) have been seeking to compel the State of Iowa to enact legislation that would require farmers to adopt measures that would reduce levels of nitrogen and phosphorus in the Raccoon River. ICCI and FWW allege that farmers contribute to the toxins in the Raccoon River when they use fertilizer and manure on crops, which [...]
The common fund doctrine is alive and well in Nebraska, according to the Nebraska Supreme Court. In Hauptman, O’Brien v Auto-Owners Ins. Co., 310 Neb. 147, - - N.W.2d - - (September 17, 2021), an injured plaintiff’s law firm sued Auto-Owners, the plaintiff’s automobile insurer. The insurer refused to reduce its $1,000 medical payment subrogation interest pursuant to the common fund doctrine. Standard Practice The common practice in Nebraska is [...]
On September 9, 2021, the Biden Administration issued an Executive Order “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” While the details are not entirely clear, it appears that in the next few weeks, federal contractors will have to provide evidence of vaccination of their employees working on federal projects. Implementation The Safer Federal Work Task Force has been directed by Executive Order to issue guidelines by September 24, 2021, [...]
Lamson Dugan & Murray LLP is proud to announce that 15 of their attorneys have been recognized in the 28th Edition of The Best Lawyers in America. This recognition is awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic region. Congratulations to the following Partners! Appellate Practice William R. Settles Bet-the-Company Litigation William M. Lamson, Jr Closely Held Companies and Family Businesses Law [...]
Daniel Waters, Partner at Lamson Dugan & Murray LLP, will be presenting at the Ag Law Summit: Law, Tax, and Regulation in America on Friday, September 3, 2021 at Mahoney State Park in Ashland, Nebraska. Mr. Waters will be presenting on Farm Succession and Continuity Planning. His presentation will discuss the challenges of transitioning an agricultural business across multi-generations. This event is hosted by the Washburn University School of Law. [...]
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into [...]
The illegal use of drugs by employees presents a host of issues for employers – from safety to work place errors to morale. A well thought out and written drug testing policy has been a key tool in an employer’s tool box to manage its workforce and to prevent potentially catastrophic results from illegal drug use at work. However, at least in Iowa, the task of creating and complying with [...]
While COVID has made the past year wild and unpredictable, this summer could be even wilder with rapidly escalating material costs. Lumber prices have tripled, steel prices are through the roof and PVC has doubled. These increases can turn into real numbers on your projects and if you don’t have any protections in place, the project could turn ugly in a hurry. Now is the time to review your current [...]
At this year’s annual meeting the Nebraska Defense Counsel Association recognized Daniel Chesire and Mark Novotny for their excellent work as defense trial attorneys. Dan received the Masters Emeritus Award and Mark received the Defense Counsel of the Year Award. Congratulations Dan and Mark! The Nebraska Defense Counsel Association is a state-wide association dedicated to serving the needs of their members. Membership is open to Nebraska attorneys who devote a [...]
The Federation of Defense & Corporate Counsel (FDCC) group, which is comprised of 1200 defense lawyers world-wide highlighted LDM Partner Daniel Chesire in their July 2021 newsletter. Download the Article
A recent case issued by the Iowa Supreme Court addressed the “fair value” of stock in a closely held farm corporation buyout. In Guge v. Kassel Enterprises, No. 19-2151 (Iowa Sup. Ct June 18, 2021), the Court provided clarity for determining what factors Iowa courts consider in calculating the “fair value” of a corporation in lieu of a dissolution proceeding. In Guge, three siblings owned all of the shares of [...]
If you have ever experienced a serious accident on the jobsite, you know it can be an incredibly stressful experience. Having a plan in place setting forth how you expect employees to respond will help your company respond competently and quickly to an accident. Here are a few things to consider for your plan: Prepare a checklist of how you want employees to respond to an accident, including: Who should [...]
VS. Custom farming agreements seem pretty straightforward and simple. Landowner asks Custom Operator to till the field, apply the inputs, plant and harvest the crop or cut and bale the hay. Custom Operator sets a price. Landowner and Custom Operator shake hands. Deal is done, right? Yes, if everything goes right. No, if the parties run into Murphy's Law of "if anything can go wrong, it will". [...]
On May 21, 2021, OSHA reversed course on employer-required COVID-19 vaccinations, no longer requiring employers to record vaccine reactions. This is a great step forward for employers and is supported by both industry groups and labor unions. As you may recall, last February OSHA originally mandated that if an employer required employees to get a vaccine, an employee’s adverse reaction to the vaccination must be recorded in their OSHA 300 [...]
The Nebraska Supreme Court recently issued an important opinion concerning the statute of limitations for a homeowners bringing claims against contractors. When an owner acts as his own builder or general contractor, he must file a lawsuit against a subcontractor within four years of the subcontractor completing its work, not within four years of completion of the total home or project. Add this to the list of reasons a homeowner [...]
Partner Daniel J. Hassing was recently added to the list of panel counsel for the Aircraft Owners and Pilots Association’s Pilot Protection Services Plan. Dan joins just one of a handful of panel attorneys in Nebraska. Nationwide, the plan consists of a network of 750 panel attorneys across all 50 states. The plan assists pilots with issues affecting the pilot’s airman certificate or medical certificate. Panel attorneys assist pilots in [...]
Construction contractors are seeing material costs increase, particularly lumber, steel and fuel. As you review your contracts for 2021 and beyond, you may want to consider adding a price-escalation clause the protect against material cost increases. What is a price-escalation clause? In its simplest terms, a price-escalation clause allows contractors to recover material cost increases on a project. While triggering events for escalation clauses vary, the two most popular types [...]
The Missouri Supreme Court recently affirmed the dismissal of a toxic tort case obtained by a team led by Lamson Dugan & Murray attorney Daniel J. Hassing. The decision once again evidences the talent of LDM attorneys who were able to obtain a dismissal in the trial court and then defend it in the appellate courts. In the case, the plaintiff sued a Class I railroad, alleging that occupational exposure to [...]
During the early days of the Covid-19 pandemic the promise of a vaccine and a return to normalcy was the light at the of the tunnel. A year later the ability to receive a vaccine is becoming rapidly available to people in almost all age groups, including your employees. However, with the increased ability to receive the vaccine comes a new question – can you ask your employees if they’ve [...]
Changes on construction projects are inevitable, especially with the reality of projects during and after the COVID-19 pandemic. Due to this inevitability, owners should consider including contingency in the budget to deal with change orders. Accounting for legitimate changes quickly and obtaining an agreement that the payment fully resolves the issue can limit larger disputes down the road. Unresolved change orders often result in disputes that end up with legal [...]
You may recall a blog post from last year in which I explained that a contractor should not use PPP loan funds to buy a motorcycle or for golf outings. Well, another contractor was just convicted of PPP loan fraud with similar allegations. Last Friday, a jury deliberated for 2 hours and found the roofer guilty of falsely acquiring $2 million in PPP loans. That was about enough time for [...]
Your work on the project is done, but your final payment is delayed. You then hear that the owner and general contractor are arguing about final payment. The owner contacts you directly to pay your final pay application. You sign the release and get your check. But, the check bounces. Now what? You may be out of luck. When entering into a settlement agreement on a construction project, you need [...]
Which is it? Admittedly I keep going back to the well. Maybe it is because the rules and procedure for arbitrating a crop insurance claim are too complicated. Or maybe it is a dead horse and I need to get past feeling the Nebraska Supreme Court improperly ruled against my client in an arbitration claim in 2017. In that case, Karo v. NAU, an arbitrator ruled against the [...]
Legal malpractice claims are an unfortunate part of the practice of law. Nebraska’s professional negligence statute is ‘occurrence based.’ See Neb. Rev. Stat. § 25-222. That means the two-year limitations period is triggered by, and begins to run from, the date of the alleged negligent act or omission. As straightforward that may sound, as with most things there are exceptions. So here are 5 things you should know: 1.The limitations [...]
The Nebraska Court of Appeals has again answered the age old question of whether a worker is an employee or an independent contractor. In Wight v H&S Contracting the court found that an individual who held himself out as a single employee operation was an independent contractor. In this case, Navarro Robles fell off of a roof while working on a job site. His widow claimed that he was an [...]
Throughout a project, and especially at the end, you are likely being asked to sign a lien waiver. Given the significant impact that these waivers may have on your opportunity to get paid, how closely are you reviewing lien waivers before you sign them? Here are some points to think about before your sign. Is the lien waiver conditional or unconditional? The concern here is whether the lien waiver goes [...]
It's tough to reclaim cattle once they get to the feedlot While we are no longer living in the days of the Wild West, livestock dealers continue to face theft—particularly, in sales transactions gone wrong. Unfortunately, common remedies generally are inadequate to recover the full amount lost. In response, Congress has taken an active role in protecting the interests of the livestock industry. Statutory Trusts Under the Packers [...]
