OBA Winter 2018 Newsletter

Newsletter

Omaha Bar Association

Vol. XLIII No. 4 WINTER 2018

Community Service Education Leadership | Stronger Together Since 1875

The Temperature Outside May Be Cold…

But Your Bar Association Is Heating Things Up in Omaha!

INSIDE Page 2…President’s Message Page 3…Cigars and Wires Page 4…Executive Director’s

Column Page 5…Online CLEs & Podcasts Page 6 …Moves & Milestones Page 7…Upcoming Events Page 8…Solo Practitioners Page 9…NSBA Ties Page 10 & 11…Fall Kickoff Page 12…Membership Form Page 13…Lawyers in the City Pages 14…Membership Meeting Page 16…Walk Through the Courts & Academy of Young Professionals Pages 16-19…Civil Jury Verdicts Page 20…Young Lawyers Division Page 21…OLPA News Page 22…NePA News Page 23…Bench Bar Briefings Page 24…Calendar

and twitter! omahabarassociation.com

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President’s Thanksgiving Message The holiday season is a time to pause and give thanks. There is much to be thankful for at the OBA – including great members, outstanding staff, an expanding list of worthwhile programming and CLE’s, service opportunities, community outreach, and more.

My list of reasons to be thankful is long. I am thankful for the OBA’s outstanding staff. Dave Sommers and Donna Birkby do amazing work behind the scenes for our organization and for our members. It is because of their efforts that we are able to have such an impact on the Omaha legal community.

I am thankful for the strong sense of community and collegial nature of the Omaha bar. As we look around and see an ever-increasing level of discord in politics and society in general, I am reminded of how fortunate we are to practice law in a community where lawyers can disagree with one another without being disagreeable.

I am thankful for the many role models within the OBA. Those role models range from mentors who share their time and experience with no expectation of reward, to members who inspire through their public service work

Happy Holidays Everyone from your Bar Association!

or pro bono efforts.

I am thankful for the tremendous support the OBA receives from the judiciary. We were fortunate enough to have six judges from state and federal trial and appellate courts lead a lively discussion at the OBA’s September bench-bar conference, and Hon. Gary Randall spoke at our October dinner meeting where the OBA recognized newly-admitted attorneys and where Judge Randall was able to offer our newest members some words of wisdom and encouragement as they begin their legal careers.

Last but not least, I’m thankful for all of you – our members – and for all that you do to make the OBA what it is today. Your work, your volunteerism, your involvement and your willingness to engage with other OBA members all contribute to making the Omaha Bar Association and the Omaha legal community a better place to practice law. Thank you!

Enjoy the holiday season, and I hope to see you at an OBA event in the near future.

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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CIGARS AND WIRES: The Omaha Underworld’s Early Years November’s OBA event included a cocktail, a Padron cigar, and an inside look at Omaha’s seedy past during Prohibition, led by Jack Atkins, whose father was a leading bootlegger as head of United Beverage Company.

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Executive Director’s Column

hen I arrived in Omaha as a starry-eyed 3L in 2009, I knew exactly one person in town.

Convinced that concerted studying would land me a job after graduation and passing the bar, I kept my head in the books rather than reaching out and meeting my fellow classmates or attorneys in the community. Six months and a stack of rejection letters later, I hung out my shingle and only then realized the secret to law practice in Omaha: Your chances of succeeding as an attorney are directly related as much (if not more) to who you know as what you know. The currency of relationships and friendships is critically important, especially within the profession.

I used to think this was a dirty secret, a puzzle I could not solve as an outsider. Nine years later, I look back and understand how mistaken I was.

Meeting and getting to know fellow attorneys, judges, and legal staff is not a difficult task. Simply being active in legal community events (like OBA events) gets you to the promised land of being on the “inside.” The inside is warm and supportive.

The inside has a sense of shared purpose and appreciates hard work. The inside extends courtesy to one another and doesn’t take things personally. The inside – our close-knit Omaha legal community – is open for any and all who want to be a part of it. I’m glad I finally found my way in through the OBA, and I enjoy the role that OBA plays in helping get people connected in the community. It’s difficult to put a price on the value of being a part of that community, but for certain benefits far outweigh the costs.

To that end, the OBA office will be sending out our 2019 OBA Membership notices to all attorneys later in December.

If you’d like to renew earlier, you can do so online by logging into your OBA account through the website (www. omahabarassociation.com) or by emailing me at dave@ omahabarassociation.com. If you’d like to renew with a check, you can tear out or copy the application printed in this newsletter and send it in that way. The OBA is very grateful for your continued membership, and works to give you the best value and opportunities as bar members. Without you, we don’t exist. We want and need you in our membership in 2019.

Since our last newsletter, many events have taken place, and many thank-yous are in order for those who helped make it happen. Thank you to Hon. Doug Johnson, Hon. Stefanie Martinez, Hon. Marcela Keim, Hon. Mike Nelson, Hon. James Gleason, and Hon. Francie Reidmann for presenting at the OBA’s new annual event, the “Bench Bar Briefing.” Kristin Fearnow and Jessica Feinstein, thank you for presenting on Immigration Law for the YLD’s Just the Basics Series. We give a special thanks to First National Bank/First National Wealth Management for hosting the 48th Annual Fall Kickoff BBQ, and to Nancy Lazer for all her

hard work behind the scenes on the event. The OBA is very thankful for all the judges and court staff that participated in our Walk Through the Courts Program, and to Hon. Doug Johnson, Will Acosta-Trejo, Joe Bradley, Ann Borer and Susie Cordero for organizing the program. Thank you to Nicole Griffard and McGrath North for the donating of the printing services for the large book of information given to the newly admitted attorneys attending the Walk Through the Courts. Hon. Gary Randall was a featured speaker at the Membership Dinner Welcoming New Attorneys; thank you for your words of wisdom for the next generation. A trio of past OBA Presidents took part in a CLE at the Annual Meeting in October. Thank you to Mike Mullin, Mike Kinney, and John Brownrigg for taking the time to compare and contrast your mediation practices. A special thank you to Amy Van Horne for moderating the rowdy panelists. Thank you to Mary Vandenack, Hon. Jeff Funke, Hal Daub, and Patrick McNamara for sitting down with me for podcast episodes. Thank you to Jean Roeder and OLPA for all the help at check in for OBA events, and thank you to Bill McGinn for chairing the “Cigars & Wires” event about Omaha’s underworld during Prohibition. Thank you to all of YOU for attending OBA events and being active members; we couldn’t do it without you!

Finally, I’m proud to say that over 20 attorneys ran for public office in Nebraska this year, with a large number of those candidates located in the Omaha metro area. Public service and the legal profession have shared a close bond since the founding of this country, with the defenders of freedom and promoters of justice taking a prominent role in elected capacities, representing various constituents and tackling tough issues of great importance. Service to others greater than oneself is an admirable trait – thank you to all of those who ran for public office this year.

Dave Sommers

5 ON Demand CLE Options and Podcast Update If you are looking for CLE options to reach your required allotment for 2018, the OBA has started a collection of On Demand offerings for OBA members. Including the December 7th event on Innovation in Legal Practice, we will be offering 8 hours of On Demand CLE for 2018, including 3 hours of ethics credit, and 4 of those hours free for 2018 OBA members and the remaining 4 between $10$20 per hour. To check out the OBA On Demand CLE, visit www.omahabarassociation.com, select the CLE tab, and click the “CLE On Demand” link.

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 30 episodes, 2400 listens, and aren’t slowing down!

Harold Rock The OBA is saddened by the recent passing of Harold Rock.

Harold was President of the Omaha Bar Association in 1973, and co-founder of the largest firm headquartered in Omaha, Kutak Rock.

The OBA will pay tribute to Harold and the other Omaha attorneys who have passed at our Memorial Service at the Legislative Chambers in the Douglas County Civic Building in May 2019 (exact date to be announced at a later date).

Your Safety.

Our Priority.

ATTENTION ATTORNEYS:

Be proactive - get your clients help before they see the judge!

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.

DIVERSION OPPORTUNITIES Alcohol Education/Minor in Possession (English & Spanish) 8 hours, one session, 8am-5pm ...................................Tuition: $79

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

Appropriate Decision Making for Adults 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

www.SafeNebraska.org

We appreciate your Membership!

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ON THE MOVE

MILESTONES

Sarah Barnhill and Caitlin Ellis have joined Jackson Lewis’ Omaha Office; Catherine Dunn Whittinghill is welcomed to Marks Clare & Richards; Dvorak Law Group announced the addition of Jennifer Rattner to the firm; congratulations to Spencer Werth on joining Copple Rockey; Janet Melchoir-Kopp has joined Security National Bank; Kyle Flentje to Vandenack Weaver; Tim Streff to Gross Welch; David Changstrom, Eric Synowicki and Karson Kampfe have all joined Lamson Dugan; Brian Buescher nominated to serve on the U.S. District Court, filling the seat left by Hon. Laurie Smith Camp when she takes senior status on December 1.; Koley Jessen welcomes Taylor Cammack, Emily Jung, Cassie Langstaff, and Paige Gade as associates to the firm; Clint Cadwallader has moved to McGrath North; Hightower Reff Law welcomes Tosha Rae Heavican; congratulations to James Masteller on his appointment to Douglas County District Court; Kutak Rock welcomes Heather Aeschleman to the firm; Cory Wilson to Erickson Sederstrom; Josh Woolf to Douglas County Attorney’s Office; Lyndsey Stennis to Young Williams; Caitlin Lovell to Reisinger Booth; and Dominique Jones to Sarpy County Attorney’s Office.

Congratulations to the following attorneys for their achievements as Best Lawyers in America for 2019 in Omaha: Bob Freeman for Corporate Law; Bill Dittrick – Bet the Company Litigation; Scott P. Moore – Litigation - Labor and Employment; James E. O’Connor – Copyright Law; Barbara E. Person – Health Care Law; Michael L. Sullivan – Franchise Law; Michael Coyle – Personal Injury Litigation – Defense; Joseph E. Jones – Litigation – Construction; Frank Mihulka - Real Estate; congratulations to Jerry Slusky on his 2018 induction into the Central High School Alumni Association Hall of Fame; Brandon Hamm has earned his BEI Certified Exit Planner Certification; McGrath North is pleased to announce that their Tax, Trusts and Estates practice group earned a top ranking (Band 1) in the 2018 Chambers High Net Worth (HNW) guide; congrats to Hon. Marcela Keim being elected president of the Nebraska County Judges’ Association, and Hon. Christopher Kelly being elected president of the Nebraska Separate Juvenile Judges Association; congratulations to Bill Lindsay on receiving the 2018 NSBA Award of Appreciation, and Cate Mahern on receiving the NSBA Award of Special Merit; Hon. PaTricia Freeman has been named NSBA House of Delegates Chair-Elect Designate, and Omaha’s Jill Ackerman has been selected as NSBA PresidentElect Designate. Finally, but certainly not least, the OBA wants to congratulate our Past President J. Scott Paul on his taking over the gavel and duties of President of the Nebraska State Bar Association for 2018-2019.

www.omahabarassociation.com

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COMING UP… February 5th

Bags/Cornhole Tournament Life in February Can Be a Drag, So Come on Out and Play Some Bags!

On Tuesday, February 5th, the YLD is hosting a Bags/Cornhole Tournament at Thunderhead Brewing Taproom at 132nd and Center. Put together your team, register by sending Dave an email, and prepare for the glory and honor of winning this prestigious event never put on before. More information coming soon on the OBA website, Facebook, and email.

29th Annual

“Lunch with Fenner”

Wednesday, February 20, 2019 11:45 am – 1 pm Creighton University Harper Center Ballroom

Medical Legal Dinner Tuesday, March 12, 2019 Omaha Marriott (Regency) The annual joint meeting with the Metro Omaha Medical Society (MOMS) begins with a reception from 5:306:30PM, followed by a dinner and program.

2019 Law Day Lunch “Free Speech, Free Press, Free Society” Tuesday, May 2, 2017 Omaha Marriott (Regency)

19th Annual Wine and Beer Tasting

Friday, January 25, 2019 5:30 pm at …Back by popular demand!…

The Barn at the Ackerhurst Dairy Farm 15220 Military Road Bennington This event is for OBA members only + one guest per member only. There is a nominal fee for $5 each for bar licensed OBA member and their guest. The cost for law student members to attend is $10 per attendee.

Hors d’oeuvres will be served.

Creighton University School of Law / OBA

13th Annual Seminar on Ethics and Professionalism Friday, April 7, 2019

Creighton University Harper Center Hixson Lied Auditorium 2 Hours of Ethics CLE Speakers: J. Scott Paul, NSBA President Hon. Francie Riedman, Nebraska Court of Appeals Craig Dallon, Creighton Law School

FREE for OBA Members

8 OBA Holds “On Campus Interview for Solo Practitioners” Over two lunch hours in November, the Omaha Bar Association organized an educational workshop for Creighton Law 2Ls and 3Ls interested in going into solo practice.

Titled “OCI’s for Solos”, the event brought law students into direct contact with eight solo practitioners (and one former solo) in Omaha for an up close and personal discussion on the realities of solo law practice and what can be done to best prepare for the tough early years of practice.

Twelve law students attended the sessions, which covered issues like the business of solo law practice, setting up an office, getting clients, ethical issues that arise in practice, and finding mentors in the community The OBA would like to thank Joe Bradley, Kenny Jacobs, Patrick McNamara, Lily Richardson Severn, Rob Black, Adam Tabor and Karen Hicks for helping put on the classes. Response from the students attending was positive, and it’s the OBA’s hope that potential solos will have a better understanding of what the practice looks like, and how to start and build a successful practice.

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Asset discovery / recovery Contract disputes Criminal defense Professional malpractice and negligence Purchase or sale of a business Suspected theft by employees or others Expert witness and consultant

There is never a charge for initial consultations.

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The OBA has close ties to the NSBA

The OBA’s Past President J. Scott Paul took over the gavel and duties of President of the Nebraska State Bar Association for 2018-2019 at the NSBA Annual Meeting in October. Above, he presents OBA member Bill Lindsay (left) with the 2018 NSBA Award of Appreciation.

A trio of past OBA Presidents – from left, John Brownrigg, Mike Kinney and Mike Mullin – took part in a CLE at the Annual Meeting in October comparing and contrasting your mediation practices. Amy Van Horne (below) moderated. the well-attended session.

Catherine Mahern, director of the Creighton University Milton R. Abrahams Legal Clinic and Mike Kelley, CU Law School dean, accept the NSBA Award of Special Merit.

OBA members Hon. PaTricia Freeman was named NSBA House of Delegates Chair-Elect Designate and Jill Ackerman was named NSBA President-Elect Designate.

Happy Lawyers’ Day!

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48th Annual FALL KICKOFF BBQ Thanks to First National Wealth Management for hosting!

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Lawyers in the City The participants hailed from a wide variety of legal backgrounds, from volunteer lawyer and law students to paralegals and paaralegal students, bringing their expertise on consumer, family, housing, small claims and immigration law issues. Individuals who attend the event are provided self-help court forms, legal resources and information, and referrals to legal service providers.

Attorneys Patrick Patino and Amanda Fray enjoy their volunteer work with those in need of legal counsel.

Attorneys Joshua Woolf and Abigail Johnson counsel a client.

The event is offered in collaboration with Creighton Law School Milton Abrahams Legal Clinic, Immigrant Legal Center, Legal Aid of Nebraska, Midlands Bar Association, Omaha Bar Association, Women’s Center for Advancement, Metropolitan Community College, Doane University and the Nebraska Commission for the Deaf and Hard of Hearing.

Attorneys Ken Wentz, III and Brock Pohlmeier were part of a large team of lawyers and paralegals stepped up to offer advice to those in need.

Photos Courtesy of NSBA

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OBA MEMBERSHIP MEETING

Hon. Gary Randall (above) was the featured speaker at the annual OBA Membership Dinner in October.

The newest members of the Bar, sworn into practice in Nebraska in 2018, were also introduced to the crowd. Attendees swapped stories about school, job-hunting and new positions.

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Walk Through the Courts

Hon. Doug Johnson, Will Acosta-Trejo, Joe Bradley, Ann Borer and Susie Cordero organized the annual Walk Through The Courts program for newly-admitted lawyers. The program aims to acquaint the new lawyers with the people, locations, and rules of the county, district, and federal courts and the many departments that serve justice in Douglas County. Participants expressed their gratitude for the time all the volunteers spent sharing useful information with them.

OBA Partners with Academy of Young Professionals in Omaha on ADA CLE at QLI In late September, the Omaha Bar Association sponsored a free CLE offered by the newly formed group, the Academy of Young Professionals in Omaha. The CLE discussed the evolution and recent developments in legal challenges brought under the Americans with Disabilities Act, with OBA Secretary Kate McNamara co-presenting with her colleague Robb Futhey of Fraser Stryker. The event was hosted on the QLI campus in Omaha, and after discussion of the ADA, QLI staff discussed the work done by their organization to help rehabilitate people with brain and spinal cord injuries.

For more information on the Academy of Young Professionals, you can visit www. academyomaha.com, or listen to the “Bar Talk� podcast episode recorded earlier this Fall with Academy President Kate McNamara and Vice President Hannah Sommers.

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Civil Jury Verdicts DOUGLAS COUNTY DISTRICT COURT Civil Jury Verdicts July – October 2018 Compiled by Dave Sommers

July 2018 CI 12-1223:

Dock Kelly v. Old Market Ventures, LLC Judge: Hon. Leigh Ann Retelsdorf Plaintiff’s Attorney: James Harris, Daniel Draisen (SC) Defendant’s Attorney: David Ernst, Jeffrey Nix Case Type: Negligence Special Damages: Plaintiff requested $20,500 in loss of earnings and $46,162 for future special damages and general damages from loss of earning capacity, pain and suffering, inconvenience, loss of enjoyment of life, and court costs.

Verdict: $95,000 for Plaintiff plus court costs Remarks: Plaintiff went to Burger Star at 72nd and Pacific Street (Owned by Defendant). While Plaintiff was in the bathroom, the staff at Burger Star mopped the floor outside the bathroom. When Plaintiff left the bathroom, he slipped and fell, causing injury to himself, and causing injury to his area around his prosthetic right leg (knee) and his back. 3.5 day jury trial.

CI 16-58:

Cheryl Rauert v. The Private Mortgage Group, LLC Judge: Hon. Leigh Ann Retelsdorf Plaintiff’s Attorney: Gretchen McGill Defendant’s Attorney: Jennifer Turco-Meyer Case Type: Contract Special Damages: N/A Verdict: For Defendant Remarks: Defendant allegedly offered Plaintiff employment that included $2,000 quarterly to compensate for the lack of 401(K) plan offered by Defendant to employees. Plaintiff agreed to employment with Defendant in part due to that offered incentive. Plaintiff was employed by Defendant for approximately 5 quarters before employment was ended. During that time of employment, Defendant did not pay Plaintiff any monies for lack of 401(K) plan.

August 2018

CI 12-4387:

Acklie v. Greater Omaha Packing Co Inc Judge: Hon. Leigh Ann Retelsdorf Plaintiff’s Attorney: Ari Riekes, Dirk Block Defendant’s Attorney: Mike Coyle Case Type: Contract Dispute Special Damages: Complaint requested special damages of: (1) Attorney’s fees of not less than 25% of Plaintiff’s unpaid wages, (2) amount equal to judgement placed into a fund for common schools in NE, and (3) an amount equal to 2 times amount of Plaintiff’s unpaid wages placed into a fund for common schools in NE. Verdict: For Defendant Remarks: In 1989, Defendant and Plaintiff allegedly entered into deferred compensation agreement for Plaintiff’s work for Defendant. Alleged terms of agreement were that once a year Defendant’s Board of Directors would determine amount to deposit into deferred compensation account for Plaintiff, and that the account would be fully vested after 10 years of service or Plaintiff reaching age of 60, with a withdrawal date of a year later. Plaintiff’s employment with Defendant was terminated in 1994, when the account had a value of $18,574. Defendant allegedly refused to pay compensation owed through account. Defendant alleges that compensation was not required because Plaintiff wasn’t employed for 10 years or until 60 years old when vesting happened. Two day trial, verdict for Defendant.

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

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CI 16-7008:

Katskee v. K & S Collision Repair LLC Judge: Hon. J. Russell Derr Plaintiff’s Attorney: Jerry Katskee Defendant’s Attorney: Michael O’Bradovich Case Type: Negligence Special Damages: $25,000 requested in complaint Verdict: $1,229.48 to Plaintiff by American Family Insurance, $38,619.30 plus attorney’s fees to Plaintiff by Defendant K & S Collision Repair Remarks: Plaintiff’s car was struck by negligent driver covered by American Family Insurance.

Rather than “totaling” Plaintiff’s car, insurance tried to get car repaired by Defendant. Work done to repair car was done negligently, and resulted in worthless car for Plaintiff.

CI 11-8953:

VKGS LLC v. Planet Bingo LLC Judge: Hon. J. Duane Dougherty Plaintiff’s Attorneys: Paul Gardner, Samir Mehta and Jaclyn Warr (St. Louis) Defendants’ Attorneys: Patrick Guinan, Aaron Silvenis and Steven Cohen (Royal Oak, MI), Adam Barney, Lyle Ditmars Case Type: Contract Special Damages: N/A Verdict: Breach of Contract (Plaintiff receives $558,405); Defendant verdict for Tortious Interference with a Business Relationship or Expectancy Remarks: 3 week jury trial. 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.

Plaintiff wins on 2008 agreement and 2014 oral agreement breach of contract; loses on breach of 2005 and 2007 agreements.

CI 14-3704:

Spelic v. Alegent Health/Bergan Mercy Judge: Hon. Thomas Otepka Plaintiff’s Attorney: Terry Sibbernsen Defendants’ Attorneys: David Ernst, William Lamson Case Type: Negligence - Malpractice Special Damages: Complaint requested: (1) $1,100,000 in past medical bills, (2) Future medical care, (3) Past and future pain and suffering, (4) Past and Future Loss of Income, (5) Impairment of Earning Capacity, (6) Loss of Quality of Life, and (7) Past and Future emotional distress.

Verdict: For Defendant Remarks: Plaintiff was 32 year old male who was taken to Defendant’s ER, complaining of head pain. Admission diagnosis was acute renal failure, pancreatitis, alcohol withdrawal, and possible rhabdomyolysis.

Moved to ICU, and next day was experiencing nosebleeds, coughing up blood, and breathing problems. As his condition worsened and he became combative, intubation was requested. He was intubated with medication succinylcholine. Plaintiff immediately flat lined, and was resuscitated. He was then diagnosed with having an anoxic brain injury resulting from hypoxic ischemic episode. Plaintiff remained in hospital care for a year before being released for rehab. 5 day jury trial.

September 2018 CI 15-3114:

Valley Boys Inc. v. American Family Insurance Judge: Hon. Shelly Stratman Plaintiff’s Attorney: Matt Saathoff, and 5 attorneys admitted PHV Defendant’s Attorney: Joel Nelson Case Type: Contract Dispute Special Damages: $83,746.73 for 9 different jobs done for insured of Defendant

Verdict: $63,289 for Plaintiff Remarks: Plaintiff is a roofing company that brought suit over 9 different jobs for insureds that are covered by Defendant’s home owner’s insurance, that were not paid by Defendant. Defendant argued that there was not proper assignment of interest to Plaintiff by insureds. 4 day jury trial.

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Civil Jury Verdicts continued

CI 16-4924:

Estate of Ardelle Shannon Judge: Hon. J. Russell Derr Attorneys: Ryan Dougherty (for Deceased and PR), Duncan Young for Interested Party Danny Shannon Case Type: Probate Special Damages: N/A Verdict: Proponent of Will over Objector (Did possess testamentary capacity, not under undue influence) Remarks: Objector is a son of the deceased was the guardian for deceased for a number of years leading up to her death. Conservator is also a son of deceased. Previous legal battles have happened between them over their appointments as guardian and conservator. In 2012, a few years after deceased’s failing health had been diagnosed, she signed a will and testament leaving everything in her estate equally to three of her children, including the conservator son, but leaving nothing to guardian son. Jury trial ends in supporting the validity of will signed in 2012.

CI 17-5331:

Wilbur E. Weston, Sr. v. Mary C. Schaper Judge: Hon. Gregory Schatz Plaintiff’s Attorney: Eric Kruger Defendant’s Attorney: Patrick Cooper Case Type: Negligence - Vehicular Special Damages: None Specified Verdict: 89% of $21,000: $18,690 Remarks:

Plaintiff was heading Northbound at 16th and John Pershing Drive. Defendant was operating a rental car and heading Westbound. Defendant admittedly failed to stop at a stop sign, and ran into Plaintiff’s car. 2 day jury trial. Jury determined 11% contributory negligence to Plaintiff.

October 2018 CI 16-2514:

CI 15-5609:

CI 16-10751:

Robert Dick v. Koski Professional Group & Bland and Associates Judge: Hon. J. Russell Derr Plaintiff’s Attorneys: Aaron Clark, Cody Brookhouser Defendants’ Attorneys: Robert Slovek, Ryan Kunhart, Dwyer Arce Case Type: Contract Dispute Special Damages: Verdict: Defendant Koski to purchase stock from Plaintiff for $470,312.14. Defendants and crossdefendants prevail on all other claims and counterclaims.

Remarks: Plaintiff was employed by Defendant Koski. Under Plaintiff’s employment agreement, Plaintiff purchased stock in Koski, with the Shareholder agreement that outline the terms for repurchasme of the stock by the corporation should Plaintiff leave the firm. Plaintiff left the firm and became employed at third-party Defendant Bland. Defendant Koski refused to calculate value of stock, and repurchase stock from Plaintiff. Plaintiff brought suit requesting specific performance (valuing and purchase of stock), and Defendant Koski brought crossclaim against Plaintiff and against Bland on a number of issues, including misappropriation of trade secrets, civil conspiracy, and breach of fiduciary duty. All cross and counter claims were rejected by the jury. 2 week jury trial.

Gregg Classen v. Christopher Peters Judge: Hon. Timothy Burns Plaintiff’s Attorney: Julie Tabor Defendant’s Attorney: David Mullin Case Type: Negligence - Vehicular Special Damages: Medical Bills for $25,000; pain and suffering; Loss of income; permanent injury; vehicle damage Verdict: For Defendant Remarks: Plaintiff was going westbound on Maple at 171st Street. Defendant was headed northbound on 171st Street, and allegedly negligently ran into Plaintiff’s vehicle (excessive speed, failure to yield).

Christopher McCullough v. Katelyn Keefer Judge: Hon. Marlon Polk Plaintiff’s Attorneys: Kathleen Person, Greg Abboud Defendant’s Attorney: Leslie Stryker Viehman Case Type: Negligence - Vehicular Special Damages: Plaintiff claimed in complaint (1) $9,739 in medical bills, (2) Permanent injury, (3) Disability in past and future, (4) Lost working time, (5) Loss of future earning capacity, (6) Pain, suffering, and mental suffering, and (7) Inconvenience in past and future Verdict: $20,000 for Plaintiff

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Remarks: Two day jury trial. Plaintiff was in a rear end collision with Defendant. Plaintiff was turning right off of Fort Street, into a parking lot.

CI 11-7333:

Mary Cohan v. Alegent Health Judge: Hon. James Gleason Plaintiffs’ Attorneys: Richard Rensch, Sean Rensch Defendants’ Attorneys: David Ernst and Kellie Chesire Olson (Medical Imaging Consultants and Robert Faulk, MD), William Settles and Kate Geyer Johnson (Michael Woods, MD and Michelle Berlin, PA-C), Tom Shomaker (Alegent) Case Type: Negligence - Medical Special Damages: N/A Verdict: For Defendant Remarks: Plaintiff Mary Cohan alleged that Defendants negligently failed to diagnose her breast cancer for a year, causing her physical and mental suffering, lessened life expectancy, and loss of consortium for her husband. Plaintiff felt a lump in 2008. 2008 mammogram, additional imaging and ultrasound were done, and showed no abnormalities. In 2009, underwent annual exam with Defendant Berlin at Defendant Wood’s office.

Shortly afterwards, had imaging (including mammogram) done at Defendant Medical Imaging Consultants done

by Defendant Faulk. Defendant Faulk read the mammogram as normal. In 2010, Plaintiff’s physical exam showed an abnormality in the breast. Chemotherapy and radiation were undergone, a double mastectomy, and 24 lymph nodes were removed. Examination showed the cancer had spread to 19 of the 24 lymph nodes, and the tumor was 7 centimeter in diameter. On appeal, the Nebraska Supreme Court ruled that the District Court erred in sustaining the motion for directed verdict because the jury could have sustained a verdict for the Plaintiff on the issue of damages.

At the same time, the court affirmed that the “Loss of Chance” Doctrine does not exist in Nebraska, but allowed the expert witness discuss early discovery leading to better prognosis. Directed verdict on loss of consortium was sustained. 18 Jury Instructions Issued. 1 week jury trial on rehearing.

CI 15-896:

Cardenas v. ABM Parking Services Inc Judge: Hon. J. Russell Derr Plaintiff’s Attorney: Robert Tiefenthaler (Sioux City) Defendant’s Attorneys: Joel Nelson and Jane Hansen (West Des Moines) Case Type: Negligence - Other Special Damages: N/A Verdict: For Plaintiff – 90% of $304,323.11 ($250,000) Remarks: Incident took place in long term parking at Epply Airfield. Defendant Alloy Enterprises had contact for snow and ice removal from premises. Plaintiff slipped and fell on ice in lot. Ambulance and fire crew would not enter area until ice was chipped and salted away. Plaintiff found 10% contributorily negligent.

SARPY COUNTY DISTRICT COURT Civil Jury Verdicts (A Select Few)

CI 15-155:

Yagodinski v. Sutton Judge: Hon. George A. Thompson Plaintiff’s Attorney: James E. Harris Defendant’s Attorney: Thomas A. Grennan Case Type: Negligence - Vehicular Special Damages: $11,027.99 as of the time of filing Complaint Verdict: $5,000 for Plaintiff Remarks: 3 day trial. The case arose out of a minor impact rear end motor vehicle accident. Plaintiff claimed vestibule-occular dysfunction injury, persistent/recurrent neck and thoracic spine pain, soft tissue neck and back injury, headache, cervicalgia, pain in thoracic spine, and lumbago post-accident. Plaintiff requested jury to return verdict of $350,000.

CI 14-1453:

Audrey Martin v. Fantasy’s Inc. Judge: Hon. Nathan Cox Plaintiff’s Attorney: Staci Hartman-Nelson Defendant’s Attorney: Thomas A. Grennan Case Type: Trip and Fall Special Damages: $92,810.97 in medical bills.

Verdict: Defense Remarks: 3 day trial. Plaintiff walking from gas pump to Defendant convenience store to pay when she tripped and fell. Plaintiff alleged that concrete in lot was heaved and uneven where she fell. Plaintiff requested jury return verdict of $680,000.

20

YOUNG LAWYERS DIVISION 2018 HOCKEY WATCH

Just the Basics CLE

On September 12, Kristin Fearnow (left) and Jessica Feinstein presented the last YLD Just the Basics program of 2018. This one concentrated on Immigration Law, a hot topic this year.

That wrapped up four CLEs presented in 2018. If there are topics you would like to see explored in the future, contact Dave or one of the YLD officers.

More Basics topics will be announced in the new year.

Pre-party at Liv Lounge, across the street from the Baxter Arena in Aksarben Village, is pictured below.

A BIG Thank-you!!

Thank you to all the attorneys who donated professional clothing to our yearlong clothing drive for the clothing closets at Heartland Family Services and the Women’s Center for Advancement. I also want to extend a very special thanks to the Omaha Legal Professionals Association for stepping up and donating so many clothes.

Jean Roeder, a longtime OLPA member and OBA friend, was a huge help in transporting the clothes to the OBA office.

Thanks, Jean! To date, we’ve collected 450

“Luke, I am your father.”

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.

pieces of professional clothing, including dozens of suits, dresses, jackets, shirts, pants, shoes, and more. Everyone really answered the call on this initiative. Thank YOU!

21

OMAHA LEGAL PROFESSIONALS ASSN.

By Nadine Ostrow, President The dues for membership in OLPA and our state association, the Nebraska Legal Professionals Association (NLPA), are just $50.00 a year. Quite a bargain. Whether one is working in a oneattorney office, or a large office, legal professionals can benefit from an OLPA membership. If you would like more information about our meetings, please feel free to contact me at nadine.ostrow@koleyjessen. com or at (402) 343-3874.

Members of our Association also are often among the first to know about job opportunities within the legal community and we share that information with our membership. We also help each other with technology issues that we might be having at work with a certain computer program or “do you have contact information for this particular person?” In other words, we help and support each other whenever and however we can.

OLPA’s speaker at its general meeting on September 19, 2018, was the Honorable Marlon A. Polk, a District Judge for Douglas

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County, Nebraska, who enlightened members on the many aspects of the District Court’s proceedings and answered a number of questions from the members.

OLPA hosted the NLPA Fall Seminar on October 13, 2018, at which we heard three speakers regarding mental health issues, Liz Allrich, who is a licensed Mental Health Therapist with Lutheran Family Services, and assists the Omaha Police Department in bringing resources to those who are struggling with mental health related issues, Pastor Brad Hoefs, who spoke about “Fresh Hope for Living Free” and the resources available to those seeking support, and Deputy Jay Wingler of the Douglas County Sheriff’s Department, who spoke about Armored Up – Protecting Yourself, which included handouts and personal protection measures.

OLPA’s speaker at its general meeting on October 17, 2018, was Scott Mertz, the Omaha Managing Attorney for Legal Aid of Nebraska. He explained the types of cases handled by Legal Aid and gave an overview of how Legal Aid delivers legal assistance to low income people across the state of Nebraska.

OLPA’s members are in the process of fundraising for its scholarships, which include Village Inn pie cards and Americanmade products purchased from Rada Cutlery.

Thank you for this opportunity to share news with you about the Omaha Legal Professionals Association. Please encourage the legal professionals in your office to attend OLPA’s educational meetings.

For more information on the Omaha Legal Professionals Association, please visit our website at www.nebraskalegalprofessonals.org/OLPA. Thank you.

22

Nebraska Paralegal Association News By: Kimberly Brown, ACP What is Information Governance & Why Should I Care - Scott The Nebraska Paralegal Association (“NePA”) held its 2018 Swanson, Nebraska Chapter of ARMA, Int’l Recognition Breakfast, Annual Meeting and Fall • Workplace Technology: Working Smarter, Not Seminar on September 13th and 14th at UNO’s Harder - Michaela Seidl, Koenig Dunn Scott Conference Center. The two-day event • Title and Closing Essentials - Dave Proksel, First kicked off with Susan Ann Koenig, who shared American Title Insurance Co. a magnificent keynote speech during breakfast on “The Power of Paralegals.” NePA invited • Voir Dire Basics and Techniques - David Domina, paralegals, attorneys, and law firm management Domina Law Group from across the State to attend the Recognition If your legal assistant or paralegal missed our Breakfast. NePA awarded Cierra Cummins with Fall Seminar, please note that each year NePA the CP Scholarship Award, Caryn Redding with holds a Spring Seminar in April and Fall Seminar the NALA Affiliates Award, and Sabrina Montanez in September. Please be on the look-out for with the Student Scholarship Award. notifications of future educational opportunities.

Following the Breakfast, NePA conducted its OTHER EVENTS: formal business in its Annual Meeting and Officer NePA’s District I (Omaha area) held its October Elections. NePA named the following officers for luncheon on October 24, 2018 at Anthony’s 2018-2019: Steakhouse. Scott S. Moore, of Baird Holm provided a Labor ••Amber Roberts, ACP, Gavilon, President & Employment Update. Scott provided great insight into the ••Bridget M. Stuhr, CP, Kutak Rock, Past President most recent employment law changes including immigration, ••Kimberly A. Brown, ACP, Baird Holm, President-Elect concerted activity, staffing agreements, harassment, alcohol and drug issues, and data privacy. This luncheon provided one-hour ••Sandi Armstrong, CP, Vice-President CLE opportunity for paralegals.

••Jillian (J.C.) Tuck, CP, TD Ameritrade, Secretary ••Teresa Semerena, ACP, Mutual of Omaha, Treasurer ••Caryn Redding, CP, Whitmore Law Offices, NALA Liaison ••Courtney Pfeiffer, ACP, Mutual of Omaha, District 1

Director

••Kari Schmidt, NE State Patrol, District II Director ••Kim Hansen, Omaha World Herald, Publication Editor ••Michaela Seidl, CP, Koenig Dunn, Website Administrator ••Angel Younger, ACP, Kutak Rock, Parliamentarian Following the Annual Meeting and Officer Elections, the seminar included presentations on the following topics:

• The Miracle of Multi-tasking and Other Myths - Susan Koenig, Koenig Dunn • Contract Management in the Digital Age - Mark Nastasi, CobbleStone Software • When Memory Fails: False Eyewitness Identifications - Leah Georges, Nebraska Innocence Project • Sex, Drugs, and Rock and Roll: Timeless Topics in the Practice of School Law - David Kramer, Baird Holm • Ethics Panel Discuss - Sally Bisson-Best, Director of Legal Studies/Pre-Law Program, College of St. Mary and Andrew Sagartz, Interim Director of Paralegal Program at Metropolitan Community College • Workers’ Compensation Tips & Tricks - Joshua Woolf and Abigail Johnson, Engles, Ketcham, Olson & Keith

UPCOMING EVENTS:

NePA’s District II (Lincoln area) will hold a luncheon on November 7, 2018 at the Green Gateau in Lincoln. Brandie Hinkle, Investigator from the Nebraska Equal Opportunity Commission will present, “Navigating the Investigative Process, How to Respond to a Serve from the NEOC.” If you would like to register for the luncheon, please visit NePA’s website at http://nebraskaparalegal.org for registration details. Please contact Laurie Montag at lmontag@clinewilliams.com for more information regarding District II luncheons.

NePA’s District I next luncheon will offer “The Power of Food”

by Jason Ott of Empowered Prevention on November 28, 2018 at Anthony’s Steakhouse. In the fast-paced world of providing legal services, paralegals often times suffer through high levels of stress and little to no time for healthy meals or exercising…let alone any time to unwind and take care of their health. In this session, Jason will discuss how food is used medically to help people get and stay well and the power food has on preventing disease. Paralegals will learn the best foods for living longer and boosting the immune system as well as tips for incorporating small changes in our daily life that take little time but make a big impact. We hope you can join us! Please contact Courtney Pfeiffer at courtney.pfeiffer@mutualofomaha.com for more information regarding District I luncheons.

NePA will hold its Spring Seminar on April 12, 2019 at Mahoney State Park in Ashland, NE. If you or your paralegals have not attended a NePA seminar yet, this is the time to do so!

You will be pleased with our speaker line-up. A few of the topics include Legal Malpractice Defense, Data Breaches, and Cyber/ Technology. Visit NePA’s website at http://nebraskaparalegal.org

23

Bench Bar Briefing Hon. Doug Johnson, Hon. Stefanie Martinez, Hon. James Gleason, Hon. Francie Reidmann Hon. Marcela Keim, and Hon. Mike Nelson(from left below) presented the OBA’s new annual event, the “Bench Bar Briefing.” Those present also heard a short presentation about the state bar’s upcoming health insurance consortium from AON representatives – both lawyers themselves – Michaela Valentin and Pat Bourne (below). Dave Sommers and Pattrick Cooper moderated the offering.

Secrets of the Bench

NEPA Continued for more details coming soon.

As a reminder to those attorneys who have student interns working in their offices, NePA offers membership at no cost to students. NePA classifies a student as any individual currently enrolled and in good standing in a paralegal program for at least one quarter/semester, at a university, college, junior college, or other school pursuing a course of studies as a paralegal.

Please encourage your student interns to complete the Student Membership Application at http://nebraskaparalegal.org/ membership/new-members/ and become a member today.

NePA student members receive many benefits for joining!

For more information on NePA events, membership and career opportunities, visit our website, read our e-zine the In Brief on our website at www.nebraskaparalegal.org, and check us out on Facebook @Nebraska Paralegal Association.

Omaha Bar Association

PRSRT STD U.S. POSTAGE PAID OMAHA, NE PERMIT NO. 1025

NEWSLETTER

Omaha Bar Association 2133 California Street Omaha, Nebraska 68178

Omaha Bar Association Newsletter

CALENDAR

Managing Editors:

January 2019

Stephen M. Bruckner David Riley Dave Sommers

Contributing Reporters: Kimberly Brown Patrick Cooper Nadine Ostrow Dave Sommers

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

Design by: Lorraine Boyd, Avant Garde Publications

Printed by: Elman & Co.

25 Friday

Annual Wine & Beer Tasting @ The Barn at Ackerhurst Diary

February

5 Tuesday

YLD Presents Bags/Cornhole Tournament @ Thunderhead Brewing Company Taproom

20 Wednesday

Lunch with Fenner @ Creighton University Harper Center

12 Tuesday

Medical Legal Dinner @ Marriott (Regency)

March

April

5 Friday

Creighton Law/OBA Ethics and Professionalism Seminar @ Creighton University Harper Center

1 Wednesday

Law Day Lunch @ Marriott (Regency)

May

Please check the calendar on the OBA’s Website for more details on upcoming scheduled events.

Copyright © 2018 by Omaha Bar Association