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, following a notice of termination, contractors have the right to file liens if they have not been paid for their work. The owners in this case attempted to leave ..read more

An appeal can be a powerful tool for litigants. An appeal allows an appellate court, a new group of judges, to review whether certain contested issues were properly ruled and decided on by the district court judge. For example, strong appellate advocacy can potentially reverse multimillion dollar verdicts or confirm that an early dismissal was proper. To help the appellate courts review district court rulings, litigants are guided by certain rules known as the rules of appellate procedure. A sharp understanding of these rules is important to help streamline an appeal to prevent unnecessary del ..read more

Cathy Trent-Vilim 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 is reflective of its people.  Even after 15 years, I remain impressed at how hard LDM works to live by its core values of Excellence, Integrity, Service, Balance and Collegiality. &nbs ..read more

Sean A. Minahan Austin C. Printz 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 to maintain contemporaneous harvest records. LDM attorneys arbitrated the matter and prior to receiving a decision, obtained a favorable ruling from the Fe ..read more

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, employment practices liability, commercial general liability, and builder’s risk ..read more

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 from Des Moines are invited to “moot” the team in order to prepare for competition. LDM Attorney Ted Appel volunteered as a judge for the team’s practice ..read more

Cathy Trent-Vilim 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 were rendered, and thus was not competent to testify as to the standard of care. The second appeal pert ..read more

Ryan P. Tunink 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 the trust agreement. A ruling is expected in the coming months. LDM is committed to defending clients both at trial and on appeal. The post LDM Defends Trustee on ..read more

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 for Drake law school and providing advice on courtroom advocacy to students competing in those events. Kelsey was recognized as a junior member for the school’s Moot Cour ..read more

Theodore T. Appel 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 with the statute requires dismissal of the case. In this specific appeal, Appel argued that the plaintiffs did ..read more