LDM Attorneys Present Consecutive Oral Arguments Before the Nebraska Supreme Court
On April 30, 2025, Lamson Dugan & Murray LLP was honored to have two of its attorneys present oral arguments in back-to-back cases before the Nebraska Supreme Court — a noteworthy day for the firm and its appellate and medical malpractice defense teams.
The first case involved a constitutional challenge to Nebraska’s statutory cap on damages in medical malpractice cases. Partner Bill Settles presented argument on behalf of a healthcare provider, where the plaintiff is asking the Court to declare the cap on damages unconstitutional. This challenge follows a roadmap outlined in a concurring opinion from the Court’s 2003 decision, where the Court upheld the constitutionality of the cap but left open the question of whether it might violate substantive due process in cases where a plaintiff’s special damages exceed the statutory limit.
The plaintiff in this case has now raised that precise constitutional question for the first time. A decision striking down the cap could have profound implications for the practice of medicine and the continued availability of quality health care in Nebraska. Mr. Settles’ advocacy before the Court emphasized both the legal precedent supporting the cap and the practical importance of maintaining stability in the state’s medical liability framework.
Immediately following, Partner Mike Storey appeared before the Court, defending a unanimous defense verdict previously secured at trial in a separate medical malpractice action. The appeal centers on several procedural and evidentiary issues, including the admissibility of a manufacturer’s package insert, proper jury instructions concerning standard of care and concurrent causation, and the application of the plain error doctrine to correct a typographical error in the jury instructions. While not as constitutionally far-reaching as the prior case, the Court’s decision is expected to offer helpful guidance to trial courts and litigators across Nebraska.
Reflecting on the day, veteran medical malpractice attorney and LDM Management Committee member Patrick Vipond shared, “Kudos to Bill and Mike who did a great job presenting our arguments. It was a big day for LDM in Nebraska’s highest appellate court.”
Mr. Settles focuses his practice on appellate advocacy and complex litigation, with significant experience in defending healthcare providers and addressing constitutional issues. Mr. Storey is a seasoned trial attorney who represents physicians and medical institutions in high-stakes litigation throughout the region.
LDM takes pride in its presence at the appellate level and remains committed to defending its clients in cases that shape the future of medical and legal standards across Nebraska.
