Omaha Bar Association Newsletter Fall 2019 by David Sommers

Omaha Bar Association

Newsletter

Vol. XLIV No. 3 FALL 2019

Community Service Education Leadership | Stronger Together Since 1875

FALL KICKOFF BRINGS MEMBERS TOGETHER ...and Welcomes In New OBA Leaders

Kamron Hasan OBA Secretary

Hon. Laurie Smith Camp OBA President-Elect

Page 11…NePA Update Page 2…President’s Message Page 12…OLPA Update Page 3…National HS Mock Trial Team Page 13…News You Can Use Page 4…Executive Director’s Column Page 14 - 15…Civil Jury Verdicts Page 5…On the Move Page 16…Civil Jury Verdicts Page 6 …Milestones Page 17…Civil Jury Verdicts Page 7…Catching up with Mike Fenner Page 18…Civil Jury Verdicts Page 8…49th Annual Fall Kickoff BBQ Page 9…Judicial Ego & Black Robe Disease Page 19…xXXXXXX Page 20…Events Calendar Page 10…Field Day Results

Ann Miller Dwyer Arce OBA Executive Council

Interact with us ONLINE AT www.omahabarassociation.com Facebook: OmahaBarAssociation Twitter: OmahaBar Instragram: OmahaBar SoundCloud: OmahaBar

Growing the Bar Membership Upon being notified that I would be the next President of the Omaha Bar Association I was overcome with thoughts and emotions, the most overwhelming of them being “I can’t do this, I’ll screw it up.” Then I started thinking about all the great past presidents I have seen in the OBA and realizing with Dave and Donna, I can’t mess this up too bad. I remembered a quote from President Ronald Reagan, “The greatest leader is not necessarily the one who does the greatest things. He is the one that gets the people to do the greatest things.” This is why the OBA is such a great organization, our members are constantly involved and events are always well attended making everything we do a success. But we must not rest on the fact that since things have worked before they will work again. At a recent conference in Chicago I noticed that similar sized cities have bar associations that were much larger and I wondered why. My only answer is that you, our members, keep us going but so many other attorneys are missing out and we need to change that.

your bar. During this year I will do my best to continue what past leaders have done and be the best resource I can be for all attorneys in Omaha. I will continue to encourage all of you reading this to become more involved with the bar association and bring friends, coworkers or mention our events to other attorneys. I challenge you all to attend one more event than you went to last year and introduce yourself to one more new person. Hopefully we will see that growth lead to bigger and better things for our bar.

Will Acosta-Trejo 2019-2020 OBA President

This year we are reintroducing the pictorial bar directory many of you have seen old photographs hanging in judicial chambers. With a large organization ours, this is a book that will help you to see who it is you are calling, or who you met at a bar event. Hopefully, you will all take advantage of this tool and use it to grow your practice your circle of friends and 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.

Creighton Prep Places 2nd at Nationals Back-to - back-to - back Nebraska state champions Creighton Prep returned to the National High School Mock Trial Championships in Athens, Georgia this Spring with their sights set on a top finish. After rounds of pool play, it was announced that Creighton Prep would be competing in the championship match, in less than an hour. After a the dust settled, Prep took second to the team from Tennessee. Coaches and OBA Members Jerry Laughlin, Mark Laughlin, and Pat Cooper worked with the team for countless hours to prepare for the tournament. It should be noted that the Duschene team won nationals in 2015, and in 2016 took 2nd place in the country.

2019 Judge Lyle Strom High School Mock Trial Championships December 9-10, 2019 Lincoln, NE

Visit www.nebarfnd.org for details or email doris@nebarfnd.org to sign up to volunteer

SEE YOU AT THE NSBA ANNUAL MEETING Remeber to Support the OBA Young Lawyers Division by attending their CLE on Effective Billing Practices

October 9-11, 2019 Embassy Suites Convention Center LaVista, NE Register at www.nebar.com

Coach Mark Laughlin (L) with the team at the National High School Mock Trial Championships

Executive Director’s Column It’s been a while since the last OBA Newsletter, and there is a lot to report. Thank you once again to everyone who volunteered and helped with Law Day. Featured guest speaker Mike Flood had great remarks for those attending the lunch. For those who couldn’t make it, you can find the video of the speech on the OBA Facebook page. Also in May, the OBA hosted our Memorial Service for those attorneys in our community who have passed in the previous year. Thank you to Stu Dornan for making prepared the prepared remarks, and to Memorial Committee members Stacy Morris, Bob Mooney, Mike Scahill, Jeanne Burke, Tom Shomaker, Hon. Steve Swartz, Nancy Svboda, Bill Birkel, Hon. Michael Coffey, and Matt Lathrop for their work on the event. And a special thanks to John Cavanaugh and the Omaha Barristers Club for providing the ushers, and to The Daily Record for printing the program. The Memorial Service is such an important program to pay tribute to those who we have lost, and to remember their good work done for the legal profession. Two more “Just the Basics” were held this summer, one on Elder Law by Nick Halbur, and the other on Veterans’ Legal Issues, with presenters John Berry, Jr. and Mick Wagoner. Both discussions were extremely engaging, and both are available for On Demand viewing and CLE credit via the OBA website. The Young Lawyers Division was flooded out of our 2nd Annual Riverboat Cruise, as the water on the Missouri River has kept the River City Star from normal operations this summer. We’ll be back next year on the Big Muddy! In June, we teamed up with the Nebraska Paralegals Association to host a half day seminar entitled “Unity in Diversity,” focusing on LGBTQ inclusivity and other issues in the workplace. The Seminar was very well attended, thanks to the hard work of co-chairs Kim Brown and Amber Roberts, and on the strength of the speakers and programming, including featured trans speaker and author Ryan Sallans. Summer wouldn’t be complete without a day of playing hooky in beautiful Nebraska weather. July saw the return of OBA Field Day, with golf, tennis, and lawn games at Champions Run, and trap shooting at Seymour Smith Park. While the trash talk prior the outing had defending champions at Sodoro Daly, led by Tom Gross claiming sure victory over the confident Fraser Stryker team led by Steve Hogan, in the end, it was the Erickson Sederstrom team with ace golfer Matt Quandt taking home the champions belt and bragging rights for the year. As a draw for people to attend the reception and dinner following the day’s fun, Bob Freeman (MECA/Fraser Stryker) was brought in to talk about the future of big sports in Omaha. The 2nd Annual Bench Bar Briefing took place on a Friday in August, and this free 2 hour CLE looks to be growing in popularity with members. Taking a survey-style approach across all courts in Nebraska, the “best practices as told by judges in all the courts” concept is building on its work thus far, and will continue into 2020 and beyond. The OBA is committed to having high quality low cost CLE as a mainstay for our members, and this event is a perfect combination of those two descriptors.

Thank you to Hon. Mike Nelson, Hon. Jonathan Papik, Hon. Julie Martin, Hon. James Masteller, Hon. Stefanie Martinez, and Hon. Marcela Keim for presenting this year. Also in August, our friends at the Omaha Barristers Club teamed up with The Daily Record and new owner Jason Huff to host the annual Steak Fry at Elmwood Park. This summer tradition dates back decades, and is always a good time. The Barristers also took to the Memorial Park softball field in early September to face off against Don Kleine and his army of athletes in the annual Barristers v. Douglas County Attorneys softball game. A lopsided contest from the start, the Barristers took Game One 13-7, and Game Two 10-4. The “Golden Forty” trophy was handed over by Don Kleine to Barristers President Jeff Leuschen. And in September, on the Thursday after Labor Day, the Fall Kickoff BBQ was held at First National, as it had for 48 previous years. Hundreds of attorneys and dozens of judges showed up to eat, drink, and catch up with their fellow OBA members. A special thank you to J. Terry Macnamara for starting this event almost 5 decades ago, and to First National and Nancy Lazer for hosting us in such fine fashion! The big 50th celebration is already set, so save the date: September 10, 2020. This Fall the OBA is “pulling out all the stops” with nationally recognized CLE speakers at two events. I encourage everyone to check out their credentials, and sign up to attend. At the NSBA Annual Meeting in October, the OBA Young Lawyers Division is hosting Megan Zavieh to speak on new and effective billing and client communication practices that can transform the way we do business. In December, legal marketing expert Chris Homer will be flying in from Ohio to present 2 hours on online marketing and law practice management techniques. Mr. Homer’s presentation will include a free copy of his book, “Online Law Practice Strategies.” The OBA runs with the help of so many volunteers. We are so thankful for all you do! Thank you to outgoing OBA Board members Anne Marie O’Brien, Kate McNamara, Sean Conway, Aaron Wegner, and outgoing LRS Committee Liaison Kenny Jacobs. And a special thank you to Pat Cooper, for all the work he put into his year as OBA President. Thank you to all who serve on committees, and who read and respond to our many emails asking for a helping hand!

Dave Sommers

ON THE MOVE

Koley Jessen welcomes Jack Horgan, Kyle Dostal, Christian Mirch, Nathan Patterson, and Benjamin Herbers to the firm; Angela Madathil, Warren J. Ford III, and Andrew Simpson have joined Goosmann Law Firm; Grant Forsberg has been sworn into service on the Douglas County Court bench; Alan Thelen has been named next City Attorney for the City of Papillion, taking the place of the retiring Karla Rupiper; Daniel Pauley is now at Lamson Dugan & Murray; Ryan Muldoon has joined the Simpson Law Group; Gerald Forget, III has been elected Shareholder at Gross Welch; Tom Gaughen, Ron Frank, and Daniele Forsgren have joined the Law Offices of Patrick Sodoro; Paige Gade has moved to Remboldt Ludtke in Lincoln; Shannon McCoy is now at Fidelity National Title Group; Autumn Noble has joined Mutual of Omaha as Associate General Counsel; Patrick Bartman and Robert Kardell are being welcomed to Baird Holm; Brian Buescher has been confirmed by the U.S. Senate and sworn in by Hon. John Gerard as an Article III judge in the U.S. District Court for the District of Nebraska; Erickson Sederstrom welcomes Matthew Quandt and Shay Garvin to the firm; Britni Summers is now at McGrath North; Brandon Dickerson has joined HDR in an in house legal position; Jordan Hasan is now at the General Counsel’s Office at Scoular; and Craig McGarry has been named Executive Vice President at Core Bank.

CLEs Available On Demand

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National Safety Council, Nebraska programs are used by the Douglas County Court and approved by the state of Nebraska Probation Department for diversion and probation. PROBATION OPPORTUNITIES DUI First Offender Program (English & Spanish) 10 hours, two 3 1/2 hour sessions 6pm-9:30pm and one 3 hour session 6pm-9pm..............................Tuition: $169 Includes Victim Impact Panel.

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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 Bench Bar Briefing now available for viewing and for 2 hours of NE CLE credit.

8 hours, one session, 8am-5pm ...................................Tuition: $79

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.

Appropriate Decision Making for Adults

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 in-depth 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 35 episodes, over 3,000 listens, and aren’t slowing down!

Adult Anger Management 9 hours, three sessions, 6pm-9pm ..............................Tuition: $119 Spanish Adult Anger Management (call for details)

Juvenile/Teen Anger Management 9 hours, three sessions, 6pm-9pm ...............................Tuition: $79 8 hours, one session, 8am-5pm ...................................Tuition: $99 Spanish Decision Making for Adults (call for details)

Appropriate Decision Making for Teens 8 hours, one session 8am-4pm or two sessions 6pm-10pm ..........................................Tuition: $79

TRAFFIC TICKET DISMISSAL PROGRAMS 4-Hour Defensive Driving (STOP) 8-Hour Defensive Driving (STAR/ADD) 11620 M Circle, Omaha, NE 68137 402-898-7361 • Fax 402-896-6331

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MILESTONES Liam Meehan has been promoted to partner at Wagner Meehan & Watson; Steven Seline received the 2019 Creighton University Alumni Merit Award; Chris Jerram elected President of Omaha City Council; Leadership Omaha Class of 41 graduates, including attorneys Laura Essay, Brian Koenig, Angela Lennon, Tim Waggoner, Autumn Noble, and Jill Stigge; Stephen Gealey received the Nebraska Criminal Defense Association’s Master Emeritus Award; Deb Gilg was an honoree at the WCA’s Tribute to Women event; Pat Mack promoted to Partner at Hennessey and Roach; Hannah Sommers has been selected as a Rising Star in Family Law in the Great Plains Region by SuperLawyers (Congrats Hannah!); John Slowiaczek and Virginia Albers have been listed as Best Lawyers for 2020 Family Law in

Omaha and SuperLawyers in 2020; Quinn Eaton was named SuperLawyers Rising Star for Employment Litigation Defense in the Great Plains Region; John Petr named vice chair of Kutak Rock; Alexander Wolf was recognized by the Midlands Business Journal’s “40 Under 40” for 2019; Baird Holm congratulates 40 attorneys for being named to Best Lawyers in America, with nine being names “Lawyer of the Year”, and on 28 of its attorneys for being recognized by SuperLawyers; and McGrath North congratulates 15 attorneys for being recognized in Chambers USA – America’s Leading Lawyers for Business in the areas of Corporate/Commercial, Litigation, Labor & Employment, and Real Estate.

SAVE THE DATE - ANNUAL WINE TASTING Friday, January 24, 2020 The Barn at Ackerhurst Dairy Farm 5:30-8PM $5 per OBA Member and one guest per member

Retired But Not Slowing Down: Catching up with Mike Fenner As most of you know, Mike Fenner retired from active teaching from the pleading stage of a case to the jury instruction stage. I

at Creighton Law in the Spring and is now Of Counsel at McGill Gotsdiner Workman & Lepp. As a longstanding presenter to OBA members and former law professor to a large portion of the membership, we thought it be best to sit down with Professor Fenner and chat about his transition. We caught up with him earlier this summer, before the OBA Field Day. The following is a transcript of that conversation. Q. We heard you’ll be continuing to work on the Nebraska Jury Pattern Instructions. Tell us a bit about that. How long have you been working on the instructions? Fenner: I do the instructions for civil cases only. The late judge John Burke—a mentor and hero of mine—got me onto the Nebraska Supreme Court Committee on Practice and Procedure. I do this work as a member of that committee and have been working on the current edition, the second edition, since the mid-1980s. As I recall, the second edition was first published in 1989. I have been in charge of updating the book every year since. My drafts of the instructions themselves are reviewed by the committee as a whole. I am in charge of the Comments and Authorities to the book. Q. How large of a working group are you a part of for that effort? There are approximately a dozen members of the committee. Q. What shape were the Pattern Instructions in when you started helping, and what do they look like now? The first edition was a hardbound book. It was produced by a committee with different individual members working on different chapters. Some of the chapters were better than others. The book was somewhat updated with pocket, but most of the updating was not very complete, and not particularly frequent. The second, and current, edition was first published in compression binders—in case anyone today knows what that means; in case no one does, it is a step up from three-ring loose-leaf binders—and new pages could be inserted. Today, with the aid of modern technology, the entire book is reprinted each year. And each year’s printing contains the relevant new cases, new commentary, and, often, considerable restructuring for ease of access. As I have time, I am converting the chapters from citations-in-text to footnote-format; the footnote format is much easier to read. Q. Anything else you’d like to say about this work you’ll be continuing to do with the instructions? NJI2d Civ. is more than just a book of jury instructions. First in time, it is a place to look for what you need to plead. It contains the essential elements of the subjects it covers. For the same reason, it is the place to look to know what you need to discover. It is treatise on much of the civil law in Nebraska and relevant federal courts. It is the place see what evidence the attorney need to introduce to survive dismissal or summary judgment. And, of course, it is the place to find the instructions to the jury. This book is a great tool

will continue my work on the jury instructions. I’ll just be doing it in a new office. Q. Are you available for working with attorneys around town who have sticky Evidence and Constitutional Law issues that they need assistance with? Any other areas of practice you’ll be providing help with? If so, how should they get in touch with you? Yes. I am available for consulting, particularly on issues of constitutional law. (I have worked on issues from freedom of speech, due process, equal protection, and the Takings and Contracts Clauses.) I have worked, and am open to continue working, as a special master on evidentiary issues— most often to be retained to make rulings on issues of privilege and work-product protection. And I do also get inquiries regarding jury instructions. I will retain my Creighton email address. Also, as of July 11, I will also have a new email address at the firm: mikefenner@mgwl.com. My new office phone number will be 402-492-9200 x143. Q. Please explain a little bit more about your Special Master work. The Special Master appointments come where there are a lot of documents needing admissibility ruling and the parties hire the Special Master to do that work. It frees up the judge’s time. All the judge need do after the Special Master has made his or her rulings is to deal with any objections to individual rulings of the Master. Q. Anything else you’d like membership to know? I have enjoyed my years at Creighton. I cannot imagine a better job than law professor or a better place to have done that than at Creighton, on Omaha, Nebraska. The job has so many benefits, including the friends I have made, some of whom are now spread all across the United States (Maine to Florida to Texas to Southern California to Washington State to North Dakotas and beyond). Including as well the flexibility of the my schedule, particularly in the summer, and what that meant to my family, the access it has given me to leadership roles in the bar association, and the ability it has given me to drill deep into the subjects that excite me the most—constitutional law, evidence, advocacy, and, yes, even jury instructions. But is seems time to move on. Many of the friends I have made are now at the McGill firm. I look forward to being among them. The attorneys and staff at McGill Gotsdiner Workman & Lepp are all terrific individuals and make up a terrific group. I am greatly indebted to them for welcoming me into my new office, my new professional home.

8 49th BBQ is in the Books; Onto 50! Hundreds of attorneys and dozens of judges were in attendance at the 49th Annual Fall Kickoff BBQ at First National Wealth Management on Thursday, September 5th. The event, exclusively hosted and sponsored by First National for all 49 years of its existence, is a favorite of members of all ages and practice areas. Work is already underway for the 50th BBQ next year. Like always, the fun will be held on the Thursday after Labor Day, September 10, 2020. See you then!

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JUDICIAL EGO AND BLACK ROBE DISEASE Judge Jaybird here again – today we are exploring the judicial ego. The I am the greatest, how can anyone question me syndrome. I know what you are thinking – how can this topic adequately be explored in one column? Short answer – it cannot. Nonetheless, I will undertake the topic because I can.

cried out for settlement. It was time to pick a jury and the judge had the lawyers and the parties together in one place. While the clerk of court was assembling the jury panel he told the

As a practitioner I learned about the scourge of Black Robe disease. I also learned from my spouse, a medical practitioner, that the mentally ill are generally the last to know they are nuts. I confirmed this thesis when I would visit the dementia unit at the Douglas County Hospital. The code to the cypher lock for the door out of the unit was written on the door frame, just above the handle. The patients couldn’t put to the two together to get out. They complained about not being able to leave but could never understand the simple solution. Working on committees full of judges gave me more evidence. I have firsthand experience with the Dunning-Kruger effect. Also known as the Lake Wobegone Effect, where “all the children are above average.” The philosopher Bertrand Russell said it best, “The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt.” I suppose the same could be said for some judges. The trouble with judging is social requirement to be absolutely sure of your decisions. Is it any wonder judges develop large egos, or worse, black robe disease? If you are what you do, or you are a product of your environment, then how can judges not be a little crazy? Even so, sometimes reality does creep in. An instructor at the Judicial College in Reno told a great story about himself. He was trying a complicated business dispute. One he thought

parties and lawyers his thoughts and sent them out to get the job done. They came back an hour later with no deal. They then started picking a jury. At the morning break the judge brought the lawyers back to chambers and made the same pitch. An hour later, they had the same result. After they finished picking the jury, but before opening statements, the judge brought only the lawyers back to chambers for one last attempt at reason. He told the lawyers they should tell their clients that the trial judge was really a hick from outstate and would screw up the trial. One of the three thousand-dollar suited lawyers sheepishly leaned forward – “With all due respect your honor, we already told them.” Other times, reality balloons your head. I had a lawyer’s paralegal from Los Angeles call my chambers to see when I was going to try a case. She said the lawyer just wanted to come watch me in action. It made me heady enough to think I should charge admission. I receive drawings of hearts, flowers and pastoral scenes from inmates I put in jail. Better yet, I get letters

from inmates who extoll my wisdom and understanding. I also get hate mail, which also confirms my good judgment. People ask why judges don’t retire. The answer is simple, Judges are lawyers. Lawyers, by and large, don’t retire either. They want to come to the office, read the paper, answer a few questions about the law, lie about how great they were back in the day and then go home. Unfortunately, litigants don’t have the luxury of ignoring the meanderings of an over-the-hill judge. Not long ago there was a news story about an over-the-hill judge who was going through a life crisis. He was dating a young women more than half his age. Not a problem in isolation, but she needed some protection while she dealt drugs, so he carried a gun to protect her. His court then removed him from the bench. Too bad someone didn’t alert his court about this erratic behavior earlier. In all seriousness, when practitioners see genuine signs of mental incompetence they should report it. There are several avenues available. The Judicial Qualifications Commission run by Corey Steel keeps all communications confidential. Even State Senators can’t get the information. Another approach might be to contact Chris Aupperle, the Nebraska Lawyers Assistance Program Director. He may be able to help the judge. In the Federal Court, the Chief Judge of the District or Circuit can confidentially handle the issue. Admittedly, it is hard to ask a colleague to retire. But the hardest part is getting lawyers to honestly report the problem. Judges don’t sit in other judges’ courtrooms. Only you do. Judge John Jaybird contributes his thoughts on local legal practice approximately once a year. Above is a picture of what he may look like.

Attorneys Have Fun in the Sun at Field Day On Monday, July 23rd, over one hundred attorneys and judges skipped time in their office in favor of time outside with colleagues and friends at the annual OBA Field Day. The tradition of holding Field Day goes back more than 40 years, and has been held at Champions Run for more than a dozen years. The main event of the day was the four person golf scramble, but attendees also were able to compete in tennis, a lawn games pentathlon (cornhole, ladder golf, lawn pong, lawn jenga, bocce), and trap shooting. Getting out of the office and socializing with fellow members of the bar at Field Day has been shown to have a 100% success rate in improving oneâ&#x20AC;&#x2122;s mood. Just saying. The anxiously awaited Field Day Results: Golf Scramble: 1st Place, 1st Flight: Matt Quandt, Andy Huettner, Pat Guinan, Shay Garvin (-15) 2nd Place, 1st Flight: Patrick McNamara, Kate McNamara, Hannah Sommers, Jeff Smith (-15, lost tiebreaker) 1st Place, 2nd Flight: Bob Mullin, Dave Houghton, Warren Whtted, Woody Bradford, Hon. Lyle Strom 2nd Place, 2nd Flight: Michael Schilken, Jessie Sitz, John Borghoff, John Atkins Last Place, 2nd Flight: Hon. Bob Rossiter, J. Scott Paul, Rick Ratz, Mike Fenner Golf Pin Prizes Hole 1 - Longest Putt - Brad White Hole 2 - Closest in 3 - Cody Miltenberger Hole 3 - Closest in 1 (Ladies) - Sarah Moore

Hole 4 - Closest in 2 - Matt Reilly Hole 5 - Closest to pin from off green - Josh Yambor Hole 6 - Longest Drive in Fairway - Mike Mullin Hole 7 - Longest Putt (Ladies) - Hon. Stephanie Hansen Hole 8 - Closest in 1 - Pat Guinan Hole 9 - Closest in 2 - Adam Griese Hole 10 - Closest in 3 - Steve Hogan Hole 11 - Longest Putt - Kate McNamara Hole 12 - Closest in 1 - Joel Feistner Hole 13 - Longest Drive in Fairway (Ladies) - Hon. Hansen Hole 14 - Closest in 2 - Matt Quandt Hole 15 - Closest in 2 - Jeff Nix Hole 16 - Closest in 1 - Geoff Thomas Hole 17 - Longest Putt (Ladies) - Heather Veik Hole 18 - Longest Drive in Fairway - Robert Griffith Tour Sauce Award: Patrick McNamara Meltdown Award: Tom Gross Out of Bounds Blazer Award: J. Scott Paul NOTE: Nobody cash in on the $1,750 prize for a Hole in One on Hole 12. Thanks to Jerry Friedrichsen for organizing the grand prize sponsors for another year! Tennis: Singles Champion - Joe Lopez Wilson Double Champion - Joe Lopez Wison and Dennis Whelan Trap Shooting Champion: Spencer Werth Lawn Games Pentathlon Champion: Mitchell Sell

Nebraska Paralegal Association News The Nebraska Paralegal Association’s (“NePA”) Spring Seminar and Mid-Year Meeting was a big success with 75 attendees registered for the event. The meeting was held April 12, 2019 at Mahoney State Park in Ashland. You can find more information on the event in NePA’s June issue of the In Brief located at http://nebraskaparalegal. org/news.php. NePA’s collaboration with the Omaha Bar Association for the June 5, 2019 Diversity and Inclusion Event at the Scott Conference Center was also a resounding success with 132 attendees. We are making plans for another diversity event which is tentatively scheduled for June 4, 2020 from 12:00 – 5:00 p.m. The National Association of Legal Assistants (“NALA”) held its annual conference in Scottsdale, AZ from July 11–13, 2019. Seventeen NePA members swapped hot and humid Omaha for blazing hot Scottsdale. Kim Brown, ACP and Amber Roberts, ACP presented at the Affiliated Association Exchange. Their topic was “Collaborating Committees: Working Together for Ultimate Success.” Teresa Semerena, ACP received an Affiliate Association award for her work to make NePA a better association and Bridget Stuhr, ACP was elected Affiliated Associations Secretary. Despite the heat, those attending said it was a worthwhile event and are already making plans to attend next year’s conference in Atlantic City, NJ (July 9-11,

By Kim Hansen

2020). Remaining luncheons for District I in 2019 will be held at Anthony’s Steakhouse in Omaha. Dates and topics are: October 23 – Domestic Violence & Sexual Assault: Addressing Issues, Decreasing Victims presented by Sara Eliason of Women’s Center for Advancement November 20 – Establishing Financial Wellness for Yourself and Your Clients presented by Kathleen Spencer of Operation HOPE, Inc. Please contact Courtney Pfeiffer, CP at Courtney.Pfeiffer@mutualofomaha.com for more information or how to register. District II has one remaining luncheon on November 13. Nicole Hutter of the Nebraska State Patrol will be the speaker and her topic is “Serving as a Prosecutor: A Female’s Perspective” (1 hour of CLE credit will be offered for paralegals). All District II luncheons are held at the Green Gateau restaurant (330 S. 10th Street) in Lincoln. Contact Kari Schmidt at kari.schmidt@ nebraska.gov for more information. NePA once again joined the American Cancer Society’s Relay for Life in Sarpy County on June 8th. The Legal Beagles, led by team captain Teri Gibbons, raised over $2,200.00 toward this important cause. The Membership and Student Membership Committees are collaborating on a Paralegal Forum to be held September 10, 2019 from 6:00 – 8:30 p.m. at the South

Campus of Metropolitan Community College (2909 Edward Babe Gomez Avenue) in Omaha. This is free for ALL paralegal students, particularly at Metropolitan Community College and College of Saint Mary. There will be 10 – 15 paralegals in a variety of practice fields at the event to offer students insight into what it’s like to be a paralegal and what we do in our areas of expertise. A panel discussion and roundtable topics are on the agenda as well as dinner and networking. Registration will open soon and can be found at http:// nebraskaparalegal.org/. Plans for NePA’s Recognition Breakfast and Annual Meeting are being finalized. The breakfast will start off the 2-day event on September 18, 2019 at the Scott Conference Center in Omaha. Melissa Hamilton, NALA Vice President, will be our keynote speaker and will also lead off the seminar by giving attendees an update on NALA and the future of the paralegal industry. Visit NePA’s website at http://nebraskaparalegal.org for more information regarding the breakfast and seminar. Registration will open soon. Contact Kim Brown, ACP at kbrown@ bairdholm.com with any questions. For more information on NePA events, membership, and career opportunities, visit our website, read our e-zine the In Brief at http://nebraskaparalegal.org/news, and check us out on Facebook at https:// www.facebook.com/Nebraska-ParalegalAssociation-NePA-101739993223184/.

FROM THE ARCHIVES Earlier this summer, Dave Sommers was updating the OBA Past President’s Page on the OBA website to include more hyperlinks out to stories and information on past OBA presidents. One of the past presidents that was researched was Raymond “Ray” McGrath. Ray, the McGrath of McGrath North, helped start the Pre-Trial Release Program in Douglas County during his year as OBA president. The effort was a in concert with United Community Services, and used law students to screen criminal case detainees prior to their bond hearing to get sense of flight risk. In addition to a full time law practice, Ray was State Representative for Sen. Roman Hruska, serving in that official capacity in Omaha and regionally for many years. (Fun fact: Ray’s firm name was McGrath North & Macnamara for a few years in the 1960s before past OBA President J. Terry Macnamara went to First National Bank and future Creighton Law School Dean Rod Schholnick joined the firm.) To check out info on other past presidents, head to https://www.omahabarassociation.com/page/ PastOBAPresidents

12 Omaha Legal Professionals Association Update By Nadine Ostrow On July 20, 2019, OLPA members enjoyed a fun morning visiting with each other at our summer social at the Omaha Police Department Mounted Patrol – Demonstration and Tour of Horse Barn, along with lunch at Old Chicago in the Old Market. Over the years, OLPA’s Summer Activity event has been held in a variety of places and is always fun. The camaraderie that is built among members at events like these is a valuable and important part of our association. As we move forward into the fall, we will once again be offering quality educational programs at our monthly general meetings. However, we will not be having a speaker for our General Membership meeting to be held on September 18th. This year we will have a Meet & Greet at Big Fred’s Pizza. The evening will include informal presentations from officers and chairpersons about the activities of the association and what the association has to offer to persons working in or interested in the legal field. The Nebraska Legal Professionals Association’s Fall Seminar will be held on September 21, 2019 in Lincoln, with the location and speakers to be determined at a later date. The Omaha Legal Professionals Association offers our members quality programs on a variety of issues. In addition, through our state organization, the Nebraska Legal Professionals Association, we also offer professional programs at our fall and spring seminars.

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13 News You Can Use Renting A/V Equipment in Douglas County District Court Bob Gast has left the Douglas County District Court Administrator’s office. His replacement is Mike Hansen. If you’re planning to rent A/V equipment for an upcoming hearing or trial, please reach out to Mike (mike.hanson@dc4dc.com) to set up the rental.

Looking for Mentors for New Attorneys The OBA is looking for more mentors to take part in a one-year mentoring program with newly admitted attorneys. All attorneys, including members of the judiciary, are welcome to apply. Approximately 6 in person meetings are recommended between the mentors and mentees over the year, and mentees are prohibited Donating to Good Causes Has Never Been So Easy from asking (or pressuring in any way) the mentor in help with If you’re interested in supporting local legal non-profits, a simple employment/job hunting. Materials are available to assist mentors way to do so is by using designating a small percentage of purchases in their conversations with mentees. To apply, please email dave@ you’re already making to be donated. For those of you buying omahabarassociation.com. things on Amazon, simply go to smile.amazon.com, and login to your Amazon account. Any purchases made on that Amazon site R.I.P. Finnegan will donate 1% to the 501(c)3 of your choice. If you like to eat out In late July, the Omaha legal community lost one of its beloved around town at places like Blue, Roja, Dudleys, Jimmy Johns, etc., members, Finnegan Johnson. Known to all who practiced in download the TAGG app (short for Together A Greater Good) and Douglas County Juvenile Court and to scores of new attorneys who “tag” your purchases at the restaurants. Up to 5% of your receipt participated in the OBA’s Walk Through the Courts, Finnegan had will be donated to your favorite good cause (Legal Aid of NE, WCA, been a certified therapy dog in Judge Doug Johnson’s courtroom for CASA, VLP, etc…) years. Finnegan will be missed by all. OBA LRS Implementing Online Referral Portal More and more people are seeking out referrals to attorneys through online directory and referral systems. The Iowa State Bar Association just reported an estimated count of 48,000 unique users to their “Find-A-Lawyer” site for the 2019 calendar year. The OBA’s Lawyer Referral Service is looking to implement an online referral system to work in tandem and “side-by-side” with our traditional call-in system that has been in place for over 50 years. We look forward to streamlining the referral and reporting systems for the program, and adding even more referrals to the well over 1,000 made every year. Those interested in joining the LRS can contact Director Donna Birkby at (402) 280-3606.

D4 is out, Avalon is in For many area law firms and attorneys, Sam DelSenno has been a goto for e-discovery and printing needs for years. Earlier this summer, D4 left Omaha, and Sam DelSenno and his team are now working with Avalon, another national discovery firm. For more on what Avalon can do for your law firm, check out https://www.teamavalon.com/.

New Look to The Daily Record After decades on the same website platform, The Daily Record recently launched its new look on a new system. For those interested in reading the PDF version of the Record, that’s now available for subscribers. Additionally, The Daily Record has relaunched their social media presence on Facebook, pushing new content out almost daily. Big Year for Our Ethics Seminar Permanent Presenters New owner Jason Huff and new managing editor Antone Oseka are 2019 continues to be a “year of note” for J. Scott Paul of McGrath trying new and different things at The Daily Record, along with lead North and Steve Sieberson of Creighton School of Law. Paul, a past reporter Scott Stewart. If you haven’t checked out The Daily Record in president of the OBA, finishes up his year as Nebraska State Bar a while, it’s worth a look. Association President next month at the NSBA Annual Meeting. His year has been busy with the successful implementation of a Sawbones v. Jawbones Softball Game for OneWorld Health Insurance Consortium for NSBA members. Sieberson has On Sunday, September 15th, 10 attorneys squared off against 10 penned a follow up to his memoir The Naked Mountaineer, and will doctors in a high stakes, winner take all event. The softball game, launch the book on September 24th at the Creighton Law School started decades ago, is looking to make a return as an annual event. commons. The new tome is entitled, “Low Mountains or High Tea: Organized by Joe Daly, the game was held at Gross High School, Misadventures in Britain’s National Parks.” and money was raised from sponsors to support OneWorld Health Clinics. While the scoreboard showed 22-9 in favor of the doctors OBA Member Pictorial Directory Coming Soon after 7 innings, one of the attorney players noted a potential illegal After a 20 year hiatus, the OBA is bringing back our member substitution made by the Sawbones, and has lodged a complaint, pictorial directory. Headed to an OBA function and want to brush which is certain to be litigated until next year’s game takes place. up on faces with names? Use the pictorial directory. See someone at the courthouse that you know is an attorney, but can’t remember their name? Use the pictorial directory. Want to make sure people know who you are? Be an OBA member and make sure Dave Sommers has a headshot of you on file. Digital and print copies of the directory will be available to OBA members only for a small fee.

Civil Jury Verdicts DOUGLAS COUNTY DISTRICT COURT Civil Jury Verdicts

April 2019 — July 2019 Compiled by Dave Sommers

Corrected from March 2019 CI 15-785:

Milton Williams v. Red Lobster Judge: Hon. Horatio Wheelock Plaintiff’s Attorney: Steven Delaney Defendant’s Attorney: Robert Keith II (at time of trial) 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 Warranty, (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 prior counsel for Defendant’s failure to produce full and complete answers on discovery requests for production.

April 2019 CI 17-9384:

Hochcandadel v. Farmers Insurance Exchange Judge: Hon. J. Michael Coffey Plaintiff’s Attorney: Daniel Welch Defendant’s Attorney: Michael Storey Case Type: Contract Dispute Special Damages: $100,000 (policy limit) and attorney’s fees Verdict: $90,000 for Plaintiff Remarks: In 2012, Plaintiff driving Westbound on Maple Street at intersection at 120th Street. Allegedly struck from behind by vehicle insured by Mid-Century Insurance. Plaintiff brought suit against MidCentury Insurance in 2015 seeking damages for injuries sustained. In 2017, Plaintiff entered into a settlement with Mid-Century Insurance for the full $100,000 in liability coverage. Plaintiff notified Defendant (Plaintiff’s auto liability insurance provider at the time of the accident) of the settlement and gave Defendant opportunity to preserve its subrogation rights against the driver who ran into Plaintiff. Defendant did not substitute itself and accept opportunity to preserve subrogation rights. Plaintiff accepted settlement from Mid-Century. The settlement did not cover the entirety of Plaintiff’s damages, so a claim was made with Defendant to pay out under the underinsured motorist’s coverage. Defendant refused to pay any amount. 3 day jury trial. Jury found for Plaintiff, for Defendant to pay $90,000.

CI 15-7640:

Karen L. Batten v. Michael R. Sesemann d/b/a Nebraska Institute of Comprehensive Dentistry Judge: Hon. Shelly Stratman Plaintiff’s Attorney: James Welsh Defendant’s Attorney: Jerry Katskee Case Type: Negligence-Medical Malpractice Special Damages: Past and future medical bills, lost income (past and future),diminished earning capacity, loss of consortium Verdict: $166,000 for Plaintiff Remarks: Defendant is a licensed dentist in Nebraska. In 2013, Defendant attempted to perform a “full mouth restorative” on Plaintiff, allegedly causing injuries to mouth, tongue, and teeth. Defendant claimed that Plaintiff had preexisting conditions that were the cause, along with her failure to follow the treatment plan, not allowing Defendant to complete the treatment, and negligence of other third parties. 3 day trial. Jury verdict for Plaintiff, Defendant to pay $166,000. Motion for Judgement NOV and New Trial submitted by defense counsel;

Editor’s Note: Every effort is made to ensure accuracy. However, if you note an error in your case, please notify the OBA office.

hearing on motion held May 2, 2019. No action taken on motion as of June 18, 2019.

CI 16-8038:

Kirk E. Brumbaugh v. Meegan Bendorf Judge: Hon. Kimberly Miller Pankonin Plaintiff’s Attorneys: Karl Van Oldenburg, Greg Lake Defendant Bendorf’s Attorney: Karen Nelson Defendant Bank of America’s Attorney: Jerry Friedrichsen Case Type: Contract Dispute Special Damages: $100 a day or up to $10,000 under federal and state wiretapping laws; Attorney’s Fees Verdict: Jury award to Plaintiff of $4,800; Court amended to statutory limit of $10,000 Remarks: Plaintiff and Defendant were married, and in the process of going through a divorce and custody case. Defendant created a fictitious email address, and requested Bank of America send credit card statements of Plaintiff to said email address. The statements obtained by Defendant were used against Plaintiff in the divorce and custody action. Civil action brought against Defendant and also Bank of America. Bank of America dismissed for lack of prosecution. Two day jury trial. Jury verdict for Plaintiff in the amount of $4,800. Court amended verdict to statutory maximum of $10,000.

CI 17-3275: Elkhorn School District v. Tribedo LLC Judge: Hon. J. Russell Derr Plaintiff’s Attorney: Duncan Young Defendant’s Attorney: Adam Barney, Trent Bausch Case Type: Eminent Domain Special Damages: N/A Verdict: $4,625,967 to Defendant ($3,295,967 for condemned land; $1,330,000 for diminished value of land owned adjacent to condemned land) Remarks: Elkhorn School District (Plaintiff) planned on building a third high school, and focused its efforts on locating the high school at 180th and Maple. White Lotus Group (Defendant) owned the land, 43.36 acres, and also owned adjacent land of 30 acres not of interest to Elkhorn School District. Plaintiff sent Defendant a proposed negotiated sale agreement for the 43 acres in January 2017, claiming that an appraisal of the land put the fair market value at $55,000/acre ($2,384,800) for the 43.36 acres, but that the proposed sale price offered would be $61,000/acre ($2,644,960). In February 2017, a second letter is sent by Plaintiff to Defendant upping the offer to $66,000/acre ($2,861,760). In March 2017, Plaintiff brought condemnation/eminent domain action in Douglas County Court, and the court appointed appraisals on the land. Appraisal is reported at $2,601,600; this appears to cover both the 43 acres and the diminished value on remaining 30 acres, however the delineation between the two parcels isn’t identified. Appeals to Douglas County District Court and consolidation of two cases lead to Elkhorn School District as Plaintiff and an entity of White Lotus Group as the Defendant. 5 day jury trial. Jury award of $4,625,967 for Defendant: $3,295,967 ($76,014/acre) for 43 acres condemned; $1,330,000 ($44,333.33/acre) for diminished value of remaining 30 acres. CI 17-3718:

May 2019

AVG Partners I, LLC v. Genesis Health Clubs of Midwest & 24 Fitness Judge: Hon. J. Russell Derr Plaintiff’s Attorneys: Dwyer Arce, Greg Bordo (Los Angeles – PHV) Defendant’s Attorney: W. Patrick Betterman Case Type: Contract Dispute Verdict: $2,463,458.20 for Plaintiff Remarks: Plaintiff was landlord of multiple properties leased by 24 Hour Fitness, with lease expirations of October 15, 2019. 24 Hour Fitness assigned these leases to Genesis Health Club in 2016. 24 Hour Fitness is alleged to have told Plaintiff that it could “rest assured” that Genesis would perform under the leases. Within weeks of assignment of the leases, Genesis attempted to renegotiate the terms of the leases, and when unsuccessful, ultimately broke the lease and abandoned the premises. Plaintiff alleges the assignment by 24 Hour Fitness and the negotiations by Genesis were done in bath faith and with no intention of performing the terms of the leases, with the ultimate goal of getting major concessions from Plaintiff or ultimately abandoning the properties. Plaintiff brought suit for rent owed, penalties, and unpaid taxes. 3 day trial. Jury awarded verdict for Plaintiff, and against both Plaintiffs. As of late June, Genesis plans to appeal

16 Civil Jury Verdicts Continued from May 2019 CI 14-8985:

Emilie Mindrup v. Devin Robertson Judge: Hon. Timothy P. Burns Plaintiff’s Attorney: Greg Abboud Defendant’s Attorney: Jordan Adam Case Type: Negligence - Vehicular Special Damages: $36,895.63 in Medical Expenses; Permanent Injury; Past and Future Disability; Lost Wages; Loss of Future Earning Capacity; Pain and Suffering; Past and Future Inconvenience Verdict: $894 for Plaintiff Remarks: In December 2010, Defendant backed into Plaintiff’s vehicle while in the South parking lot of Oakview Mall. Plaintiff was driving the vehicle when struck. 4 day trial. Jury returns $894 verdict for Plaintiff.

CI 17-2617:

Mary Sorensen v. Summit Dental Health Judge: Hon. Gregory Schatz Plaintiff’s Attorney: Theodore Boecker, Jr Defendant’s Attorneys: John McWilliams, Brien Welch Case Type: Negligence - Medical Verdict: For Defendant Remarks: Plaintiff went to Summit Dental Health in March 2015, and met with Dr. Hal Ritchie regarding ongoing problems with two molars. Dr. Ritchie advised that Plaintiff have a root canal on Molar 1, and Plaintiff requested extraction of Molar 2. Plaintiff returned later in the month, to have the extraction of Molar 2 surgery performed by Dr. Patrick Parr. Dr. Parr allegedly did not consult with Plaintiff prior to the surgery, extracted the incorrect tooth, Molar 1, and did not completely remove the tooth. 10 days later Plaintiff went to the Emergency Room with complications due to the incomplete extraction of the tooth. Both partial molars were ultimately removed, and Plaintiff underwent bone reconstruction of the mouth. 3 day jury trial. Jury returned verdict for Defendant.

CI 17-5849:

Darryl Sokpa v. Carina Welker Judge: Hon. Gregory Schatz Plaintiff’s Attorney: John Ekeh Defendant’s Attorney: Brian Nolan Case Type: Negligence - Vehicular Special Damages: Medical expenses of $15,017.05; Past and Future Physical and Mental Suffering Verdict: $10,967.05 for Plaintiff Remarks: In 2015, Plaintiff was traveling eastbound on Military Avenue at the intersection with Meredith Avenue, when Defendant’s vehicle, traveling westbound on Military Avenue struck Plaintiff’s vehicle. Plaintiff alleged negligent operation of the vehicle on the part of Defendant as the cause of the car crash. 2 day jury trial. Jury returned verdict for Plaintiff.

June 2019 CI 17-9202:

Nathan Haffke v. Signal 88 Judge: Hon. Shelly Stratman Plaintiff’s Attorney: Kelly Brandon, Stephanie Costello Defendant’s Attorney: Ruth Horvatich, Aaron Clark Case Type: Employment – Whistleblower Retaliation Verdict: For Defendant Remarks: Plaintiff was employed by Defendant starting in December 2014 at Vice President of Franchise Development. In October 2015, the CEO for Defendant sent an email about the financial state of Signal 88 and communication with franchisees. Soon thereafter, in October and November 2015, both in-house attorneys of Defendant left employment at Signal 88. Plaintiff suspected that their departures were associated with possible franchise law violations by Defendant. In January 2016, Plaintiff learned of an incorrect disclosure of earning information (an alleged illegal earnings claim) to a potential franchisee. Plaintiff advised Defendant’s CEO of the unlawful disclosure, and advised Defendant to walk away from the sale. Defendant did not walk away from sale, and Plaintiff was allegedly advised to not inform franchisee. Subsequently, Plaintiff found Defendant recording phone calls, and Plaintiff advised Defendant of the illegality of this activity in many states. Plaintiff alleges calls continued to be recorded. In February and March 2016, Defendant was working to close franchise sale in California, and still was failing to update financial disclosures as required by law. Plaintiff advised Defendant on this, and refused to sign the documents associated with the transaction. Defendant terminated Plaintiff’s employment, and then signed Plaintiff to an independent contractor’s position. Plaintiff tried to revoke contract during the option period, and renegotiate severance, and Defendant notified Plaintiff that there would be no severance or independent contractor contract going forward. Plaintiff filed NEOC complaint of discrimination/retaliation. NEOC did not act on complaint. Defendant claims termination due to Plaintiff’s poor performance. 6 day jury trial. Jury found for the Defendant as to the retaliatory termination claim.

17 CI 11-8953:

CI 18-635:

VKGS LLC. v. Planet Bingo LLC Judge: Hon. J. Duane Dougherty Plaintiff’s Attorneys: Paul Gardner, B. Scott Eidson, Samir Mehta, Jaclyn Warr (St. Louis) Defendants’ Attorneys: Patrick Guinan, Nick Sullivan, Aaron Silvenis and Steven Cohen (Royal Oak, MI), Adam Barney, Lyle Ditmars Case Type: Breach of Contract Special Damages: N/A Verdict: Defendant Planet Bingo receives $2,990,000 Remarks: Mike Coyle appointed Special Master in case. First jury trial in September 2018, as listed in OBA CJVs at that time. 3 week jury trial. Plaintiff VKGS wins on 2008 agreement and 2014 oral agreement breach of contract ($558,405 in damages awarded); loses on breach of 2005 and 2007 agreements. Court determined that another jury trial needed for defendants’ counterclaims to be decided. 2nd jury trial done in June 2019. Background: Plaintiff owns and operates business that develops and operates electronic bingo equipment for bingo halls. Defendant Planet Bingo purchased other defendant Melange Computer Services in 2006. In 2004, Plaintiff had entered into software licensing agreement with Melange for use of bingo software, and another agreement in 2005. In 2007, Plaintiff and Defendant Planet Bingo entered into an Amendment of the Agreement. The 2005 agreement had a confidentiality clause. Plaintiff’s ongoing bingo hall management system that they continued to develop and sell on own was OMNI; Defendant Melange’s system was EPIC. In 2011, Defendant brought suit against Plaintiff in Michigan, stating that Plaintiff violated the confidentiality clause of the agreement, and used confidential information from EPIC in its development of OMNI. Plaintiff brought suit in Douglas County District Court to get a declaration of rights, status, and obligations under the agreements. 2nd jury trial was 2 weeks. Counterclaims by Planet Bingo and Melange were: (1) Breach of Contract of 2003, 2004, and 2005 agreements and 2007 addendum; (2) Suit by VKGS was barred by the statute of limitations, (3) misappropriation of trade secrets, (4) fraud in inducement/concealment, & (5) breach of contract of 2008 agreement, 2009 addendum, 2010 second addendum, 2011 addendum and 2012 addendum. The jury returned a verdict for Planet Bingo and Melange for the breach of contract of contract of 2003, 2004, and 2005 agreements and 2007 addendum, awarding damages in the amount of $2,990,000. Nanci Balbuena v. SpartanNash Judge: Hon. Shelly Stratman Plaintiff’s Attorneys: John DeWald, Ross Pesek Defendant’s Attorney: David Mullin Case Type: Negligence-Other Special Damages: (1) Past, present, and future medical expenses; (2) medical mileage accrued for medical treatment, (3) pain and suffering, (4) loss of income, (5) punitive damages, and (6) attorney’s fees and costs. Verdict: $60,000 for Plaintiff Remarks: 3 day trial. Defendant is corporation conducting business in Omaha as Supermercado Nuestra Familia, at 29th and Leavenworth. On August 4, 2016, Plaintiff was shopping at Defendant’s store, and slipped and fell by a fruit cooler. Plaintiff, who was pregnant at the time, suffered injuries to her back, knee, and lead to a high-risk pregnancy.

CI 17-695:

Ruth Cosgrove v. Deborah Melichar Judge: Hon. Peter Bataillon Plaintiff’s Attorney: Michael Mullen Defendant’s Attorney: Michael Gibbons Case Type: Negligence-Vehicular Special Damages: Medical Expenses of $22,846.10 Verdict: For Defendant Remarks: Minor child of Plaintiff was crossing 40th Street and collided with an automobile driven by Defendant. Plaintiff claimed Defendant failed to yield right of way, maintain proper lookout, and was traveling at an excessive rate of speed. $2,500 was offered as settlement in January. Offer declined. 2 day trial in June. Jury found for Defendant.

CI 18-1550:

Rhonda Minardi v. Howard Kettelhut Judge: Hon. Marlon Polk Plaintiff’s Attorneys: Tom White, Benjamin White Defendant’s Attorneys: Ari Riekes, Jeff Welch, Larry Forman (until trial) Case Type: Contract/Unjust Enrichment Special Damages: Fair Compensation (Promissory Estoppel Claim) in excess of $150,000 Verdict: Plaintiff awarded $151,000 (for unjust enrichment); Jury found for Defendant on Breach of Contract Remarks: Between the years of 2006-2016, Plaintiff and Defendant jointly pursued commercial

Civil Jury Verdicts Continued from June 2019

Rhonda Minardi v. Howard Kettelhut (Continued) ventures, Ralston Automotive, Ralston Fuel and Service, and two rental homes in Ralston. Plaintiff was allegedly expelled from management of the ventures, and allegedly not properly compensated. Lawsuit brought for (1) Division of Joint Venture Assets, and (2) Promissory Estoppel. Defendant denies there was ever a joint venture between he and Plaintiff, and that any work done by Plaintiff in last four years was done as a volunteer. 3 day jury trial. Jury found that no oral partnership agreement existed between the parties and no joint venture had been entered into between the parties. The jury did find for the Plaintiff on the equitable claim of unjust enrichment, ordering Defendant to pay $151,000. CI 18-7977:

Deborah Mller v. Derek Ulch (*DOUGLAS COUNTY COURT JURY TRIAL*) Judge: Hon. Jeffrey Marcuzzo Plaintiff’s Attorney: Josh Yambor Defendant’s Attorney: Thomas Morrow, Jr. (GEICO Insurance) Case Type: Negligence-Vehicular Special Damages: $7,144.70 in medical expenses; $3,242.88 in lost wages; emotional pain and suffering Verdict: $25,387.58 for Plaintiff; Sanctions awarded to Plaintiff for court reporter costs, deposition fee of chiropractor, and related attorney’s fees (total of $1,824) Remarks: Plaintiff and Defendant were both driving northbound on N. 168th Street at or near the Decatur Street intersection. Defendant’s vehicle allegedly struck the back of Plaintiff’s vehicle, causing injuries to Plaintiff. Jury trial found for Plaintiff, in the amount of $25,387.58. Post trial motion for sanctions by Plaintiff, alleging Defendant’s unreasonable denial of all opinions of medical professionals (two chiropractors and two physicians) associated with Plaintiff’s treatment resulted in the incurring of extra expenses for depositions in the amount of $8,212.60 and attorney’s fees in the amount of $2,375. Court heard arguments and awarded Plaintiff costs and fees associated with 1 of the 4 depositions, in the amount of $1,824.

CI 16-10757:

Samuel Teal v. Wesley McMillen Judge: Hon. James Gleason Plaintiff’s Attorney: Jerome Okolo Defendant’s Attorney: Brian Nolan Case Type: Negligence-Vehicular Special Damages: Past Medical Expenses of $56,655.24; Ongoing and future medical expenses Verdict: For Defendant Remarks: Vehicle collision at 153rd and Q streets. Plaintiff was traveling northbound on 163rd Street, proceeding through the intersection. Defendant was traveling eastbound on Q street. Plaintiff alleges Defendant ran a red light at a high rate of speed and ran into Plaintiff’s vehicle on Plaintiff’s side. Jury trial. Found for Defendant.

CI 18-547:

Nicole Wheeler v. Chad Bauerly Judge: Hon. Timothy Burns Plaintiff’s Attorney: Terrance Salerno, John Lingo Defendant’s Attorney: Douglas Phillips (Sioux City) Case Type: Negligence-Vehicular Special Damages: Past medical bills of $15,000; ongoing and future medical care and treatment for permanent injuries; past and future lost wages and loss of earning capacity; mental pain and suffering Verdict: $404,974.77 for Plaintiff Remarks: 3 day jury trial. Plaintiff was driving northbound on 135th Avenue at Montclair Street. Defendant, who was facing eastbound on Montclair Street at a stop sign allegedly pulled out from sign and struck the driver’s side of Plaintiff’s vehicle.

OBA Event Photos

Pat Cooper Adressing Attendees at the Memorial Service

Law Day Speaker Mke Flood (Doug Law Looking On)

Trans Speaker Ryan Sallans explaining the contium of sex and gender at June CLE

John Berry Discussing Veteran’s Benefits at “Just the Basics” CLE

Pat Cooper “Handing Over the Gavel” to Will Acosta-Trejo

Steve Hogan and Brandon Crainer Posing with Field Day Champions Belt, After Filming Throw-Down Video (Ed. Note: They didn’t win the belt at Field Day.)

More Event Photos at www.facebook.com/OmahaBarAssociation and www.omahabarassociation.com

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 &

Omaha Bar Association

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NEWSLETTER

Omaha Bar Association 2133 California Street Omaha, Nebraska 68178

Omaha Bar Association Newsletter

Managing Editors:

October

Stephen M. Bruckner Dave Sommers

Contributing Reporters: Will Acosta-Trejo Kim Hansen Nadine Ostrow Dave Sommers Judge John Jaybird

Photographers: Donna Birkby and Dave Sommers Some photos courtesy of The Daily Record

Design by:

Thursday

Red Mass @ St. Johns, Creighton University

9-11

NSBA Annual Meeting @ LaVista Conference Center

Thursday

Progressive Billing Practices CLE @ NSBA Annual Meeting

Wednesday

Walk Through the Courts Program @ Douglas County Courthouse

Wednesday

Reception Welcoming New Attorneys @ OPPD Atrium

November TBD

Event with UNO Hockey Head Coach Mike Gabinet

Dave Sommers

December

Printed by:

Elman & Co.

CALENDAR

Friday

LRS End of the Year CLE @ AIM Exchange Building