Newsletter
Omaha Bar Association
Vol. XLIV No. 2 LAW DAY 2019
Community Service Education Leadership | Stronger Together Since 1875
2019 Law Day LunchEON
WEDNESDAY, MAY 1
Luncheon Speaker Mike Flood
Robert M. Spire Award Recipient Mike Fenner
2019 OBA Public Service Award Recipients Lynda Henningsen Lorraine Boyd
INSIDE
Page 11…Public Service Award Page 12…Updates From LRS …Unity in Diversity Info Page 2…President’s Message Page 13…Nominations Form Page 3…Lawyers in the Classroom Page 4…Executive Director’s Column Page 14 - 15…Civil Jury Verdicts Page 16…Essay Winners Page 5…Online CLEs & Podcasts Page 17…Poster Winners Page 6 …Moves & Milestones Page 18…Ethics Seminar; Page 7…Robert M. Spire Award …Medical Legal Dinner Page 8…Ellick Award Page 19…OLPA & NePA News Page 9…Public Service Award Page 20…Calendar Page 10…Mock Trial Coming
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The OBA Celebrates Law Day 36 U.S.C. § 113 officially designates May 1 as Law Day and describes Law Day as “a special day of celebration by the people of the United States (1) in appreciation of their liberties and the reaffirmation of their loyalty to the United States and of their rededication to the ideals of equality and justice under law in their relations with each other and with other countries; and (2) for the cultivation of the respect for law that is so vital to the democratic way of life.” The President issues a proclamation annually inviting citizens to observe Law Day “with appropriate ceremonies and in other appropriate ways.” The Omaha Bar Association’s Law Day luncheon and surrounding events such as Lawyers in the Classroom, the student essay contest, and the student poster contest are the OBA’s way of celebrating this important day each year. This year’s Law Day theme is “Free Speech, Free Press, Free Society,” and it highlights these cornerstones of representative government. It is easy to understand why the press is sometimes referred to as the fourth branch of government – it shines light on issues that may otherwise go unnoticed and thereby provides another check/balance on our system of government. Thomas Jefferson once wrote: “If it were left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.” Freedom of speech and freedom of the press are fundamental rights that help inform the public and allow citizens to share ideas, and they impact so many areas of our local legal system. The recent addition of cameras in Nebraska courtrooms is one example of how Nebraska courts have become more accessible to the media in recent years, and thereby more accessible to the general public. And technological advances have rapidly changed the manner in which free speech and free press rights are exercised, ranging from how information is disseminated, how quickly it reaches its audience, and how wide an
audience it can reach. The use of smartphones and social media make it easier to exercise these rights and have one’s voice heard instantly by people near and far. These “advances” also make it easier to abuse these rights such as through hate speech, cyberbullying, “fake news” and misinformation, all with just a few clicks of the keyboard. This year’s Law Day theme will hopefully cause each of us to reflect on freedom of speech and freedom of the press as cornerstones of our free society. As members of the bar who have each taken an oath to uphold and protect the Constitution, it is our responsibility to protect and defend these rights and to work against harmful abuses of these rights so that we may all enjoy the same “blessings of liberty” the Constitution proposes. I thank all of you who volunteered as part of our Law Day efforts to visit local fourth, fifth, and sixth-grade students and discuss these important topics with them, as well as those of you who helped judge our student essay and poster contests, and I hope to see each of you at our Law Day luncheon on May 1 as we continue our discussion about this important pair of freedoms. At that luncheon, we will also recognize through our Public Service Awards G. Michael Fenner, Lynda Henningsen, and Lorraine Boyd -- each of whom have served our legal community and the public at-large by helping enhance the public’s knowledge of the law.
Pat Cooper
If you are aware of anyone within the Nebraska legal community (lawyers, law office personnel, judges, courthouse employees or law students) who suffers a sudden, catastrophic loss due to an unexpected event, illness or injury, the NSBA’s SOLACE Program can likely assist that person in some meaningful way. Contact Mike Kinney at mkinney@ctagd.com and/or Liz Neeley at lneeley@nebar.com.
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Lawyers in the Classroom In March and April, attorneys took time to go to school classrooms around Omaha as part of the Lawyers in the Classroom initiative. This program connects the legal community with young students, giving them a chance to learn about the Rule of Law, and the importance of our legal system in our country. Thank you to all of the attorneys who participated in Lawyers In the Classroom. Approximately 1,700 local students had the opportunity to speak with attorneys in the community about being a lawyer, the law, and the justice system. Thank you to Larry Roland and Jamie Hermanson for helping with the organizing classrooms and attorneys.
Larry Roland visited St. Margargret Mary School in 2017.
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OBA Memorial Service Remembering those we have lost in the last year
Friday, May 10th Legislative Chambers of the Omaha-Douglas County Civic Center 11:30am - Noon Members and guests are welcome
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Executive Director’s Column They say you can tell the character of a community about how they respond to adversity, to difficult circumstances. In the recent weeks and months, with the historic flooding here in Nebraska and Iowa, it’s been a true testament to the character of the legal community to see how many have stepped up and helped those in need. From the Disaster Relief Project at Legal Aid, to the cases taken through the NSBA Volunteer Lawyers Project, to advice given at the Douglas County Self-Help Desk and online through Free Legal Answers, to consultations done through the OBA Lawyer Referral Service, to the tremendous outflowing of financial support, to the countless other assistance provided, attorneys have shown how much they care about their community and want to help those in need. I’m proud to be a part of such a supportive and selfless legal community. I hope you are too. In late March, the OBA organized a fundraiser to raise funds for local Red Cross disaster relief efforts. Titled “Pints for a Purpose” and held at Barchen Beer Garden in Benson, the event raised funds via $25 donations from attendees, significant donations from Fidelity National Title Group, Dogfish Head Brewery, Weihenstephan Brewery, and Barchen donating a portion of the evening’s beer sales to the effort. In total, the evening ended up raising just under $5,000 for the Red Cross, in support of local flood relief efforts. Thank you to everyone who attended, Barchen for hosting, and everyone who donated to the cause. Also in March, the annual joint event held with the Metro Omaha Medical Society was held with speaker Col. Eric Paulson, Commander of the 55th Operations Group of the 55th Wing of the USAF discussing their mission at Offutt Air Force Base, and its impact on military operations and security around the world. Unfortunately, within 48 hours of presentation, Col. Paulson’s focus turned to flood prevention and mitigation efforts, as many parts of Offutt was submerged in the flooding of the Missouri River. Thank you to MOMS President Dr. Lindsay Northam, Executive Director Carol Wang, and Membership Director Laura Polack for all their help in coordinating and hosting the event this year. April saw a return of the member-favorite Creighton Law/ OBA Ethics Seminar. 13 years running, this event continues to be strongly attended and enjoyed by attorneys and judges alike. Nebraska Court of Appeals Judge Francie Riedmann kicked things off with a presentation on “Zealous Representation vs. Misrepresentation” that pulled a number of examples from briefs submitted to the Court of Appeals. Next was Creighton Law Professor Craig Dallon, speaking on ethical issues related to attorney’s fees. Bringing the event to a close, as he has done for all 13 years of the event, was past OBA President and current NSBA President J. Scott Paul, discussing recent ethics decision in Nebraska and Iowa, and entertaining the crowd with video of a judge arguing with a public defender, and ultimately “stepping outside” to settle their differences. (It should be noted: the judge was ultimately asked by the Florida Supreme Court to step outside…and down from the bench as a result of the melee.) The OBA would like to thank Creighton School of Law for co-hosting
this event once again, and allowing the seminar on campus in the Harper Center. Thank you to Judge Riedmann, Professor Dallon, and Scott Paul for their presentations, to Professor Scott Sieberson for his help organizing, and to Lynda Henningsen for her assistance in getting attendees checked in. The American Bar Association’s Theme for the 2019 Law Day is Free Speech, Free Press, Free Society. As you’ll read in OBA President Patrick Cooper’s column, the ideals and freedoms surrounding these 1st Amendment rights are crucial to well-being of the society in which we live. To speak on this issue further, we have invited Mike Flood to be the featured guest speaker at the Law Day Lunch on May 1st. Mr. Flood is uniquely qualified to present: he’s an attorney, he owns and operates several news outlets in Nebraska, and he previous served as speaker of the Nebraska Unicameral. We look forward to hearing his remarks on the importance of free speech and free press at the lunch. As it happens, all 3 of our Public Service Award recipients also have ties to this year’s Law Day Theme. Creighton Law Professor Mike Fenner, our Robert M. Spire Public Service Award Recipient, has taught Constitutional Law and First Amendment Freedom of Speech courses for decades. Lynda Henningsen, owner and publisher of The Daily Record, has been a leader in the local press in covering legal news for numerous years. And Lorraine Boyd, through her work as a reporter and editor at The Daily Record and with the Omaha Bar Association Newsletter has put pen to paper (and photos to print) on stories for a generation. The fact that all three award recipients are closely connected to the theme shows just how important free speech and a free press are to the service of the public. All the events surrounding Law Day wouldn’t be possible without the hard work and support of many groups and people in the legal community. Thank you to the Nebraska Paralegal Association and in particular Tom Tilden and Sandi Armstrong for their chairing the 5th grade poster contest. Thanks to Ann Miller for organizing the Mock Trial, to Hon. Joseph Bataillon for his judging the trial, to Don Kleine for his taking part in the trial, and to the actors from the Rose Theatre for their parts in playing the clients (Big Bad Wolf and Curly Pig) in the trial. Thank you to the Omaha Legal Professionals Association and specifically Donna Olson and Jean Roeder for their chairing of the 8th grade essay contest. Thank you to Larry Roland and Jamie Hermanson for their work organizing Lawyers in the Classroom, and to all the attorneys who took the time to go and speak with Continued on next page
5 Executive Director’s Column Continued
students around Omaha about the importance of the legal system and the Rule of Law in the United States. Last but not least, the OBA wants to thank The Daily Record for its diligent reporting and work that it does to present a special Law Day edition of the paper. The edition is chock-full of content on the ABA theme and on the award recipients. We appreciate the labor of love that is The Daily Record Law Day edition, and hope you read it front to back like we will be doing. To everyone in the legal community, we wish you a Happy Law Day, and thank you for all that you do.
Your Safety.
Our Priority.
ATTENTION ATTORNEYS:
Be proactive - get your clients help before they see the judge! Dave Sommers
Reminder: OBA CLEs Available On Demand Starting in 2018, the OBA began live filming various CLEs throughout the year on our Facebook page, and making them available for On Demand watching by our membership. We are continuing that practice in 2019, with the Lunch with Fenner now available for viewing and for .5 hour of NE CLE credit. Please note: There are fees associated with obtaining CLE credit through the On Demand feature; please email dave@omahabarassociation.com to learn more or go to www.omahabarassociation.com and select “On Demand” from the CLE tab. The Omaha Bar Association’s “Bar Talk” Podcast continues to turn out fresh, informative, and entertaining episodes. Miss an event with an interesting speaker? Chances are it’s on the podcast. Want to listen to indepth interviews with Omaha’s biggest legal names? We’ve got you covered. To listen, simply subscribe via iTunes Podcasts, asking your smart speaker to play “Omaha Bar Association Bar Talk Podcast”, or by following the OBA on Facebook. We’re up to 34 episodes, and over 3,000 listens, and aren’t slowing down!
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ON THE MOVE
MILESTONES
Lamson Dugan and Murray welcomes past OBA President Craig Martin back to the firm; Gene Eckel joins the Goosmann Law Firm’s Omaha Office; Scott Hahn has joined Koenig Dunne; Matt Heffron is now at the Thomas Moore Society; Hightower Reff Law welcomes Abby Johnson and Tara Wrighton to the firm as associates; Nebraska Collaborative Divorce announces the opening of its physical office location just to the East of Creighton nd Prep on 72 Street; Grant Mullin has moved to PayPal’s legal team; and Koley Jessen welcomes Ben Herbers to the firm.
Jackson Lewis congratulates Kelvin Berens on being a recipient of the 2019 Client Choice Award.
EDITOR’S NOTE: If you have an announcement you would like included in the OBA Newsletter, please email dave@ omahabarassociation.com.
“Just The Basics” CLE Series in 2019
All at Corkscrew Wine & Cheese (Blackstone District Location) Tuesdays or Wednesday (to be announced) 4:00 – 5:00 p.m. $10 per OBA Member per event/$25 per non member per event
Coming Up: Tuesday, May 21 – Elder Law Wednesday, July 17 – Business Law Wednesday, August 7 – Legal Issues Related to Veterans
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2019 Robert M. Spire Public Service Award Recipient:
Professor Mike Fenner
Forty-six years ago, a young trial attorney from the Department of Justice in Washington, D.C. moved to Omaha, to join the faculty at Creighton University School of Law. Over the next 46 years, he worked with thousands of law students, teaching Trial Practice, Constitutional Law, Evidence, First Amendment Freedom of Speech, and a seminar on the U.S. Supreme Court. He became a fixture in the Omaha Bar Association with his can’t miss “Lunch with Fenner,” and led with great resolve as president of the Nebraska State Bar Association during the Bar’s deunification. In summing up his thoughts on the work he has done, Professor Mike Fenner isn’t boastful or brash. Giving his trademark smile with a twinkle in his eye he says simply, “I’m extremely lucky to have been given the opportunity to do what I’ve done. And I couldn’t have done it without help from a lot of other people.” On May 1, 2019, the Omaha Bar Association will be presenting Professor Fenner with our highest award for service to others, the Robert M. Spire Public Service Award. Born in St. Joseph, Missouri, Mike Fenner attended the University of Kansas, and then matriculated to UMKC School of Law. It was while in law school that something clicked for Fenner, and he made the decision that what he’d really like to do, if possible, is find a way to stay in law school by teaching. He credits his UMKC law professors as inspirations for him to teach. Before teaching, however, Mike decided to try public service work on the East Coast, in case that was the best fit. After a couple of years, Mike and his wife Anne decided to relocate back to the Midwest, and a teaching position at Creighton Law became available to Mike. Fortune struck early for Fenner, when he was asked if he’d be willing to teach Constitutional Law. Says Mike, “I told the dean, ‘Nobody else wants to teach Constitutional Law? Really? I’d love to teach that class.’” In the lead up to his retirement, the staff at Creighton Law combed through the records, and found that over half of all living graduates from the school had been students of Professor Fenner. And for Fenner, the students are what makes his job so rewarding. To him, they are like family; and to many former students, the feeling is mutual. “What makes it exciting to come into work every day, all these years later, is interacting with the students. I love it.” Many former students of Fenner have made the Omaha Bar Association’s annual “Lunch with Fenner” event one to attend, to see and catch up with their old professor. The event has been such a success, that there have been 29 Fenner presentations to date. For many years, Mike used the speech as a chance to explain and re-explain the finer points of the
Hearsay Rule of evidence, about which he wrote the book on—literally—and used in his class on Evidence. More recent topics have discussed real-time Constitutional Law issues facing our country and courts, of which Fenner has a unique perspective. Mike struck up a friendship with Clarence Thomas, Associate Justice on the U.S. Supreme Court, through a connection made by Justice Thomas’ spouse, Virginia, who was a former student of Fenner’s. From that friendship came an opportunity for Justice Thomas to visit Creighton Law every other year, and co-teach a seminar on the U.S. Supreme Court. While they share a difference of opinion on policy, Professor Fenner’s style of respecting alternative viewpoints is critically important to the success of the seminar. As the recipient of the OBA’s Robert M. Spire Award for public service, Professor Fenner has shown a great dedication to teaching others about the law, and the importance it plays in everyday life. Long before his ascension to the top position in the NSBA, Professor Fenner was regularly interviewed by local news outlets about legal news of the day, in order to help the public better understand the ramifications of court cases and legislation. His position as a steady, guiding hand also gave him the perspective and buy in to effective lead the State Bar during the tumultuous process of deunification. In his upcoming retirement, Professor Fenner looks forward to spending more time with his wife, Anne, his kids and grandkids, both in Washington, D.C., and in California. As a testament to Mike, both his kids became attorneys and work in area of the law with a mission for public betterment. Most importantly, according to Fenner, he and Anne will be th celebrating their 50 wedding anniversary later this year. “I believe in the law of primacy, and that’s number one.” In his retirement from teaching, Professor Fenner will continue to serve as Of Counsel at McGill Gotsdiner Workman & Lepp, to work on the crafting of uniform civil jury instructions, and presenting at the annual OBA lunches bearing his name. In between those activities, he also looks forward to working on his golf game a bit more. At the retirement celebration held by Creighton Law School in April, Professor Fenner lifted a quote from former Dean Rod Shkolnick about his take on his years of teaching. “I can’t believe they pay me to do this.” The OBA congratulates Professor Fenner on his welldeserved retirement, and on his being the 2019 Robert M. Spire Public Service Award recipient.
8 Ellick Award Recipient
The OBA would like to congratulate Karisa Johnson on being our Alfred G. Ellick Lawyer Referral Service Award Recipient for 2019.
Karisa, of Koukol and Johnson, is being honored for her 10 years of membership with the OBA Lawyer Referral Service.
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OBA PUBLIC SERVICE AWARD RECIPIENT Lynda Henningsen is someone who eschews the spotlight, instead favoring to direct the focus on important causes and issues. Lynda is all about getting results, and letting those results speak for themselves. From her position as publisher of The Daily Record since 2011, and her decades of work at the paper, Lynda has devoted herself to the principles of public service, and the criteria for the recipient of the OBA’s Public Service Award. Her long term commitment to enhancing the public’s knowledge of the law has created a lasting positive effect on the Omaha community. In recognition for her selfless work and service to others, the OBA is proud to present her with the Award at the Law Day Luncheon, and shine a light on all the good work you have done in the community. Lynda’s position as a leader in the community and her dedication to the service of others has been shown time and again. She has held a number of top roles in the local Kiwanis Club organization, an international service organization focused on improving the lives of children in our community. Lynda has served as President of the Omaha Legal Professionals Association, and leadership of the Nebraska Legal Professionals Association. For the past few years, Lynda has also worked closely with other community leaders to raise awareness about the human trafficking that takes place in the Omaha metro area every year. Her efforts have led to an informational campaign during the College World Series that has been successful in bringing this illegal activity to the attention of the community. Lynda is fiercely protective of the legal community, and loyal through and through. She says, “When people come around me with lawyer jokes, they
know I don’t appreciate them giving lawyers a bad rap. I think lawyers by and large are real doers of good in the community.”
The first OBA Public Service Award ever given was presented to The Daily Record in 1983 at the OBA Law Day Lunch. Then in 1994, The Daily Record publisher Ron Henningsen received the Award for his work. Now, 15 years later, Lynda is receiving the Award for all the work she has done, both with The Daily Record, but also all that she has done outside of that role in the service of others. The Daily Record’s unique position as the legal notice paper of record in Omaha has given it the opportunity to be a primary source
for stories and information on legal issues and practitioners of the day since its founding in 1886. Through diligent reporting and editing, The Daily Record stands as important cornerstone in the local legal community. Coincidentally, the American Bar Association’s chosen theme for Law Day this year is Free Speech, Free Press, Free Society. While not coordinated, the presenting of the Public Service Award to the publisher of a newspaper does coincide well with the presentation to be made at the Law Day Lunch about the importance of a vibrant and independent press to the health and wellbeing of our country. While attacks on the press have become more commonplace recently, Lynda’s leadership of The Daily Record has kept the newspaper above reproach. Always thoughtful and positive, Lynda expresses optimism about what the future holds, and sees plenty more work to be done. We at the OBA appreciate her can-do spirit, and look forward to continue to work with her in the years to come. The OBA congratulates Lynda on her selection by the OBA Public Service Committee as a recipient of the 2019 OBA Public Service Award.
www.omahabarassociation.com
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Mock Trial with Local Elementary Students “You honor, I object. The Plaintiff, Mr. Big Bad Wolf, cannot testify to the state of mind of the Defendant, Mr. Curly Pig, as to why he placed the vat of boiling water where he did.”
Mr. Wolf fell into a boiling pot of water in Mr. Pig’s brick house. Since the trial is taking place so close to
with Law Day. The trial allows young students to see a simulated legal proceeding in a format that is interesting and entertaining, and gives the students an exposure to and education about what happens in the legal system. Law Day, a celebration of the Rule of Law in the United States, supports the work of educating students about the legal system.
On Tuesday, April 30, actors from the Rose Children’s Theater were expected to team up with Douglas County Attorney Don The Omaha Bar Kleine and other Association is local attorneys grateful to Ann for the mock Miller from the trial of Big Bad The last time Mr. Wolf and Mr. Pig made an appearance in OBA’s Mock Trial was in Douglas County Wolf v. Curly 2015. Attorney’s office Pig, performed for organizing the for approximately trial, to the volunteer actors from Law Day and prior to the publication 100 grade school students from the Rose Theater, to Judge Bataillon of this newsletter, a verdict will not Liberty Elementary School. Presided st for hosting and presiding over the be known until May 1 , and will be over by the Hon. Joseph Bataillon trial, and to the local attorneys announced at the Law Day Lunch. at the Roman Hruska Federal representing the parties at the trial Courthouse, the trial will depict a civil for being good sports (and actors). The OBA is proud to host this mock lawsuit brought by Mr. Wolf against trial event every year, in coordination Mr. Pig, for injuries sustained when
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OBA PUBLIC SERVICE AWARD RECIPIENT For decades, Lorraine Boyd has been attending almost every OBA event held, beating attendance marks for most OBA leaders, logging miles all over Omaha, and documenting the happenings of our organization. From in-depth stories on up and coming attorneys in the community, to photos of events, to memorials of those who have passed, Lorraine has diligently shone a light on the legal community. Through her work with The Daily Record, countless members of the public have been educated on the intricacies of legal issues, and learned more about Omaha area attorneys. The OBA is proud to present Lorraine Boyd the 2019 Public Service Award at the st Law Day Lunch on May 1 . Lorraine Boyd and Lynda Henningsen are both recipients of the non-attorney Award this year.
Lorraine’s first job took her across the river to The Daily Nonpareil in Council Bluffs. She was put to work right away, learning a large amount
Born and raised in Kansas City, Lorraine has always been drawn to writing the stories in the world around her. After serving as the editor of her high school newspaper, Lorraine moved to Omaha to attend Creighton University. After a brief foray into political science and interest in going to law school, Lorraine chose to double major in English and Journalism, and pursue a career in journalism.
on the job. In one circumstance, she made it to the scene of a bank robbery so quickly after it was reported on the police scanner that she was locked inside the building with the witnesses until the FBI could arrive to investigate. The close access to the people who had witnessed the robbery landed her a front page byline the next morning. Using her skills to tell a story,
Lorraine worked in public relations at Saint Joseph Hospital and as Director of Communications for Westside Community Schools. In 1989, Lorraine started her own business, Avant Garde Publications, and began organizing, editing, and publishing newsletters for professional organizations. Soon thereafter, she began reporting for The Daily Record, and became editor in 1999. At the end of March of this year, Lorraine retired from The Daily Record, but looks forward to continuing to write, photograph, and report when she can. When asked to reflect on her work writing stories for the legal community all these years, Lorraine smiles and says, “Omaha is unique in the country, I believe, with how open the relationship with the press is with members of the bar. I’ve worked with professionals in medicine and education; attorneys are by far the easiest, open, most forthcoming group of professionals I’ve worked with. That’s what has made writing with and about lawyers a joy.” The OBA looks forward to presenting Lorraine with the OBA Public Service Award at this year’s Law Luncheon. More information on the Luncheon can be found at www.omahabarassociation. com.
LEGAL COMMUNITY SHOWS SUPPORT FOR FLOODING VICTIMS On Thursday, March 21st, the Omaha Bar Association teamed up with Bärchen Beer Garden, Fidelity National Title Group, Dogfish Head Brewery, Senator Megan Hunt, and Weistephan Brewery to host a “Pints for a Purpose” fundraiser at Bärchen for Red Cross disaster relief efforts related to flooding victims in Nebraska and Iowa. In one night, $4,890 was raised in donations to the Red Cross for local relief efforts. Lawyers by their nature what to help others, fix problems. This fundraiser is just one of many ways the local legal community will be stepping up to assist the flood victims. We are heartbroken by the devastation experienced by so many in the recent flooding, including some of our own members. The Omaha Bar Association organized this event because lawyers in our community care deeply about our fellow citizens, and are willing to do whatever it takes to help them piece their lives back together. #LawyersCare
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OBA LAWYER REFERRAL SERVICE OBA’s Lawyer Referral Service: It’s worth it to be a member Applications for attorneys to join the OBA’s Lawyer Referral Service were sent out to members at the beginning of April. If you are interested in joining the LRS but did not receive the application for some reason, please contact Donna Birkby at 402-280-3606. While LRS attorneys do agree to do consultations for up to 30 minutes for $40, representation after that initial consultation is done at regular hourly rates by the attorneys. The Service receives over 7,000 calls and emails a year, over 1,200 referrals were made in the previous year, and over $400,000 in attorneys’ fees from referrals were reported by LRS attorneys in the 2018-2019 member year. Join LRS for the public service of reduced fee consultations; stay a member because of the business LRS can bring your practice! www.omahalawyerreferral.com / Established 1962
OBA Members The OBA Lawyer Referral Service is seeking additional attorneys in the following practice areas: • Federal Worker’s Compensation • Federal and General Employment Law • School Law • Municipal Law • Administrative Law • Foreclosure • Veterans Affairs
Please call Donna at (402)280-3606 for more details.
The OBA Lawyer Referral Service maintains its own website at www.omahalawyerreferral.com. For more information, please visit the website, or call 402-280-3603.
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NOMINATIONS ARE OPEN The OBA is currently accepting nominations for our Executive Council. Past involvement in OBA events and programming is preferred, but not necessarily required for the positions. Consider nominating yourself or someone else deserving via the nominations form below. The President-Elect position is a three-year commitment as President-Elect, President, and Immediate Past President. The same three-year commitment applies to the Treasurer-Elect. The office of Secretary remains a oneyear term. Two Executive Council positions of three-year terms are open each year. Any interested OBA member should fill out the application and email it to the Omaha Bar Association office (dave@omahabarassociation.com) by May 10, 2019. The applications will be kept strictly confidential and will be seen only by the President, the Executive Director, and the Nominating Committee, which is composed of 3 past OBA presidents. TO: OMAHA BAR ASSOCIATION NOMINATING COMMITTEE Confidential Application for OBA Officer/Executive Council Position
DEA
_____
President-Elect
(3 year commitment)
_____
Secretary
(1 year commitment)
_____
Treasurer‑Elect
(3 year commitment)
_____
Executive Council Member (3 year term)
DLIN
E: M
FROM (If Not a Self-Nomination): ___________________________________________ Name of Person Being Nominated: ___________________________________________ Address:
____________________________________________________________
Phone:
__________________ Date of Graduation from Law School:___________
Date of Membership in OBA: ____________ Nomination Type: Self / By Other OBA Member Present Activity in OBA:
________________________________________________
Past Activity in OBA:
________________________________________________
Areas for Improvement by OBA:
__________________________________________
SIGNATURE: ______________________________________________________
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Civil Jury Verdicts DOUGLAS COUNTY DISTRICT COURT Civil Jury Verdicts
February 2019 — March 2019 Compiled by Dave Sommers
February 2019 CI 15-8029:
Medics at Home, Inc. v. Harris Judge: Hon. Shelly Stratman Plaintiff’s Attorney: Dan Ketcham Defendant’s Attorney: Rich Schicker Case Type: Negligence - Vehicular Special Damages: Vehicle repairs in the amount of $13,000, interest, and costs Verdict: $13,707.17 for Plaintiff to be paid by Harris Remarks: This jury trial and verdict is actually the counterclaim from the original complaint. Original complaint had Harris as Plaintiff, and Medics at Home as Defendants, with Harris bringing suit due to property damage and injuries caused by a vehicle accident with an ambulance driven and operated by Medics at Home. Specifically, it was claimed at the ambulance pulled into oncoming traffic at a stop sign in an attempt to turn left at the intersection of 60th Street and Kansas Avenue. Counterclaim claimed ambulance had sirens and lights on, fully stopped at the intersection, proceeded with caution, and it was Harris’ failure of care that lead to the collision. ¾ day trial, 30 minute jury deliberation. [Appeal granted March 2019]
CI 16-5191:
A & T Farms, Inc. v. Ed Robinson Judge: Hon. Marlon Polk Plaintiff’s Attorney: Ryan McIntosh (Lincoln) Defendant’s Attorney: Patrick Vint Case Type: Negligence Special Damages: Alleged $297,321.10 in damaged and destroyed crops Verdict: $50,000 to Plaintiff Remarks: Plaintiff is a fruit and vegetable farm, directly to the North of Defendant’s farm. Defendant’s employee sprayed herbicide made for corn and soybeans on crops. A wind of 10-15 miles per hour carried herbicide onto Plaintiff’s land and crops, killing and destroying crops. The label of the herbicide says to use “60 foot buffer” from other crops than corn and soybeans. 4 day trial.
March 2019 CI 16-8127:
Sarah Aasum v. Robert Zadalis Judge: Hon. Shelly Stratman Plaintiff’s Attorney: Greg Garland Defendant’s Attorney: Eva Jessen Case Type: Negligence - Malpractice Special Damages: None requested Verdict: For Defendant Remarks: At Lakeside Hospital, Defendant performed a surgery of the breast on Plaintiff. Alleged in the complaint, Defendant did not take a biopsy of the sentinel lymph node, causing the removal of 12 non-sentinel lymph nodes, and performed an unnecessary surgery on the Plaintiff’s breast. As a result, Plaintiff has ongoing pain in chest and scapula. 2.5 day trial. 1.75 hours of jury deliberation.
CI 15-785:
Milton Williams v. Red Lobster Judge: Hon. Horatio Wheelock Plaintiff’s Attorney: Steven Delaney Defendant’s Attorney: Robert Keith II
Editor’s Note: Every effort is made to ensure accuracy. However, if you note an error in your case, please notify the OBA office.
15 Case Type: Negligence - Other Special Damages: Past and future medical expenses; attorney’s fees Verdict: For Defendant Remarks: Food poisoning incident from 2013, at 72nd Street Red Lobster location. Plaintiff alleged renal failure caused from food poisoning. Brought (1) Negligence Claim, (2) Breach of W arranty, (3) Strict Liability, 2 day trial with 6 hours of jury deliberation. In 2016, sanctions in the amount of $1,498 were awarded to Plaintiff due to Defendant’s failure to produce full and complete answers on discovery requests for production. CI 17-7621:
Anthony Buccheri v. Tara Mahoney Judge: Hon. Greg Schatz Plaintiff’s Attorney: Michael Fitzpatrick, Michael Reilly (PHV from Council Bluffs) Defendant’s Attorney: Jordan Adam, Elizabeth Culhane Case Type: Negligence - Vehicular Special Damages: Medical expenses, pain and suffering, loss of full mind and body, lost wages and future earning capacity, permanent injury and impairment. Verdict: For Defendant Remarks: Head on vehicle accident at 108th and Center. Plaintiff alleged Defendant ran a red light, causing the crash. Defendant offered $7,500 to Plaintiff before trial; Plaintiff declined offer. 3 day jury trial.
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Law Day Essay Contest Winners “Free Speech, Free Press, Free Society”
Second Place By Libby Meade
8th grade teacher Rebecca Begley (center) congratulates not one but two winners in this year’s Law Day Essay Contest. Libby Meade and Nathan Liu both attend Kiewit Middle School in Millard.
First Place
By Nathan Liu
Imagine a world with an oppressive regime controlling the entire government. There is no freedom of speech or the press. The government has full control of all medial and all people in this country. If you write an article criticizing the people in power, you are arrested, put in jail, and your family is treated like outcasts and pariahs of society. This world without freedoms of speech and press is not a dystopian future of what could happen. This is modern day China. My parents are immigrants from China, and I am extremely thankful that I do not have to live under the watchful eye of the government. I can say and write what I want, making my opinion heard, something unique to America. Today, these basic freedoms are being challenged. Many times on college campuses, speakers are prohibited to present a new way of looking at problems that pester our world today. Furthermore, platforms such as YouTube and Twitter are banning political accounts that, while are quite radical, aren’t a call to harm anybody. This is a violation of our rights that millions have laid their lives down to protect. Advances in any area should not challenge our rights that cannot be questioned. No matter how technology, people, or our world changes, these basic unalienable rights that God gave us should never be compromised.
When a common man is free to speak his beliefs and state his will, he holds power. If stripped of that freedom, he becomes subject to anyone who holds authority over him, and powerless in injustice. The right to voice our beliefs today is a freedom our founding fathers secured for us at the birth of this nation, and this freedom is just as vital today as it was 200 years ago. Similar to our freedom of speech, the freedom of press is one of our most important rights as it gives citizens the power to share opinions and ideas even contrary to government policy. According to the ‘Committee To Protect Journalists,’ North Korea’s government controls all of the nation’s journalists, as well as radio and television, and often restricts the pictures visitors are allowed to take. This gives the government control of public knowledge. In the US our right to free press protects us from being blinded by the truth. As it is, being able to write and share this essay is a testament to the fundamental rights our nation respects, giving us freedom to be more than subjects of a country, but rather free individuals who stand up for and protect what is right.
Third Place
By Peter Sullivan
America has always prided itself with its freedom and its ability for everyone to be able to voice their own opinions. This is only possible because of the first amendment which states “Congress, shall make no law…abridging the freedom of speech, or of the press.” Without the first amendment the US wouldn’t have a free society in any respect. Freedom of speech is an important element of a free society in the way of allowing the people to voice their opinions without legal consequence. It keeps the government honest by allowing people to criticize something that the government did that they find unfair, or absurd. Without freedom of speech nobody would Continued on page 17
Peter Sullivan and his 8th grade teacher Greg Gorski take time at St. Pius/St. Leo Elementary School to savor third-place award in the Law Day Essay Contest. This is the third year that students of Gorski have won awards in the contest.
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Law Day Poster Contest Winners
1st Place – Tessa Carrell Neihardt Elementary School teacher Jeff Sjuts is proud of his student’s first place win in the Poster Contest. Fifth-grader Tessa Carrell’s poster is displayed on a billboard near 77th and Dodge St.
3rd Place – Caden Ritonya
2nd Place – Noah Hall Continued from page 16
ever get the chance to speak out without being suppressed by a tyrannical government. That is why for any society to be free it must have the freedom of speech. Similarly, the freedom of the press is necessary to have a free society. Without this simple freedom the government would be able to control what was published in newspapers, and what was broadcast by news media. That would leave little room for anyone to publicly express any different ideas or policies that opposed that of the government’s. So as is the case with freedom of speech, the freedom of the press keeps the government honest, and keeps it from becoming too powerful. In this aspect it is also essential to a free society. That is why both of these individual freedoms are essential to America’s freedom as a whole.
5th grade teacher Kathleen Connor (back) once again has two students earn awards in the Law Day Poster Contest. Here she poses with 3rd Place winner Caden Ritonya and 2nd Place winner Noah Hall (left), both students at Pine Creek Elementary School in Bennington.
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OBA/Creighton School of Law Ethics Seminar 2019 The 13th Annual Creighton School of Law/OBA Seminar on Ethics and Professionalism took place at the Creighton Harper Center Auditorium on Friday, April 5. Free for 2019 OBA members, the 2 hours ethics CLE had presentations by Professor Craig Dallon, Hon. Francie Riedmann, and NSBA President J. Scott Paul. (Editor’s Note: Those who couldn’t attend can still receive CLE credit by watching the On Demand version through the OBA website. The On Demand version is also free for 2019 OBA members.)
Hon. Francie Riedmann
Professor Craig Dallon
NSBA President J. Scott Paul
Medical Legal Dinner 2019
Col. Eric Pearson, Commander of the 55th Operations Group presented at a joint meeting of the Metro Omaha Medical Society and the OBA in March. His speech, “The
The presidents of the Metro Omaha Medical Society, Lindsay Northam, MD, and the Omaha Bar Association, Pat Cooper, JD, welcome Col. Eric Paulson.
Sun Never Sets on the Fightin’ 55th ” discussed the important operations at Offutt Air Force Base and around the world th done by the 55 Wing of the Air Force.
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OMAHA LEGAL PROFESSIONALS ASSN. Early this spring, letters went out to area-wide Middle Schools, inviting 8th Grade Students to enter Law Day Essay Contest presented by the Omaha Legal Professionals Association. The Law Day topic this year is “Free Speech, Free Press, Free Society.”
The Winners Are: 1st place - Nathan Liu of Kiewit Middle School (Teacher: Mrs. Rebecca Begley) 2nd place - Libby Meade of Kiewit Middle School (Teacher: Mrs. Rebecca Begley) Fifty essays were received from five middle schools: Bellevue rd 3 place - Peter Sullivan of St. Pius/St. Leo (Teacher: Mr. Greg Mission Middle School, Kiewit Middle School in Millard, St. Pius/ Gorski) St. Leo, St. Cecilia, and Gretna Middle School. All three winners, their teachers, and their parents have been The three judges determining the winners were: John Waters, an invited to join us at the Law Day Lunch and be recognized for attorney with Fraser Stryker, PC, LLO; Antone Oseka, Managing their work. Each winner will receive a cash prize. Editor of The Daily Record; and Deb Friedrichsen, a retired elementary school teacher and spouse of Gerald Friedrichsen of Copies of the winning essays have been posted to the OBA Fitzgerald Schorr Barmettler & Brennan, PC, LLO. website (www.omahabarassociation.com). Donna Olson and Jean Roeder OLPA Law Day Co-Chairs
Nebraska Paralegal Association News Law Day Poster Contest
Once again, the Nebraska Paralegal Association held a Law th Day Poster Contest for 5 grade students across the metro area. The posters are the students’ best depiction of the Law Day Theme, which this year is Free Speech, Free Press, Free Society. The winning poster will be presented on a full-sized billboard on Dodge Street for the month of May, and the winning student artist will be presented with both a cash prize and a family membership to the Durham Museum. First, second, and Third place will be recognized at the Law st Day Lunch on May 1 . [Go to page 17 to see all of the winning posters and student artists.]
Diversity in the Workplace CLE on June 5, in Coordination with OBA th
On Wednesday, June 5 , NePA will be hosting a CLE entitled “Unity in Diversity: Working Together to Achieve Success” at the Scott Conference Center on UNO’s Aksarben Campus. The keynote speaker will be Ryan Sallans, a nationally recognized transgender speaker and author who works with corporations, health care institutions, universities, non-profit organizations and federal agencies on increasing competency and inclusion for transgender and/or LGBTQ+ employees, clients and patients. In total, the seminar will include 3.5 hours of CLE, and a hosted reception. Tickets are $25 per person, and space is limited, so early RSVP is recommended. More information and registration can be done via the OBA website at www. omahabarassociation.com/event/Diversity.
The Omaha Bar Association is proud to have the following law firms as Strategic Partners for 2019:
Platinum Level Supporters Jackson|Lewis Lamson Dugan & Murray
Gold Level Supporters Dornan Law Team
Cassem Tierney Adams Gotch & Douglas
Omaha Bar Association
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CALENDAR
Managing Editors:
May
Stephen M. Bruckner David Riley Dave Sommers
1 Wednesday
Law Day Lunch @ Omaha Marriott (Regency)
10 Friday
Memorial Service @ Legislative Chambers of the Civic Center
Patrick Cooper Kim Hansen Nadine Ostrow Dave Sommers
21 Tuesday
Just the Basics CLE – Elder Law @ Corkscrew Wine & Cheese (Blackstone)
Photographers:
5 Wednesday
Unity in Diversity CLE (Presented with NePA)
11 Tuesday
2nd Annual YLD Riverboat Cruise @ Riverfront Landing
Contributing Reporters:
Donna Birkby, Lorraine Boyd, and Dave Sommers Some photos courtesy of The Daily Record
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June
July 22 Monday
OBA Field Day @ Champions Run
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