Mark E. Novotny

Of Counsel
Omaha
Des Moines

Mark Novotny is a founding partner of Lamson Dugan & Murray and a member of the Firm’s Litigation Department. For more than 35 years, Mr. Novotny’s practice has included handling all areas of civil litigation representing clients in all courts, tribunals, alternative dispute resolution forums, arbitrations and with governmental regulatory bodies and agencies. Mark regularly represents individuals, corporations, partnerships, governmental entities in all types of complex commercial, professional, insurance, corporate and business litigation in federal and state courts including handling business disputes, intellectual property matters, environmental issues, and regulatory compliance.

Away from work, Mark enjoys all aspects of participating and watching sports, fishing, family, and time at his cabin.

We Got You Covered

Career Highlights

Timothy Wagner v. Gennaro J. Orrico,et al, 8th Circuit Court of Appeals, 8:94CV116. Large complex commercial litigation dealing with RICO, civil fraud and insurance receivership with the 8th Circuit Court of Appeals affirming Mr. Novotny’s client’s judgment in the amount of $50.1 million for his client.

Hoffart v. Hodge, 5 Neb.App. 838, 567 N.W.2d 600.  Complex case involving two appeals affirming twice jury verdicts in favor of Mr. Novotny’s clients and setting the standard for habit and routine evidence and scope of expert testimony standards.

Chism v. Campbell,250 Neb. 921, 553 N.W.2d 741.  Medical malpractice matter affirming a judgment in favor of Mr. Novotny’s client refining the establishment of the use of the doctrine of res ipsa loquitor in medical negligence case.

Waite v. Carpenter,1 Neb.App. 321, 496 N.W.2d 1 and Waite v. Carpenter, 3 Neb.App. 879, 533 N.W.2d 917. Complicated series of six lawsuits establishing the doctrine of the unauthorized practice of law in this field upholding dismissal for Mr. Novotny’s clients.

Hitzemann v. Adam, 246 Neb. 201, 518 N.W.2d 102.  Involved medical negligence cases establishing in Nebraska the legal doctrine of not recognizing a cause of action for wrong birth of a viable child in favor of Mr. Novotny’s client.

Stetson v. Silverman, 278 Neb. 389. Original mandamus action to the Nebraska Supreme Court establishing the standard for protection of Nebraska State Agency privileges.

Mr. Novotny has taken approximately 78 cases to jury verdict in the areas of business disputes, professional negligence, complex commercial litigation, personal injury, civil RICO, environmental, product liability real property issues, will contest, breach of contract, construction law, insurance coverage, agricultural law, employment law, FELA, crossing accidents and intellectual property.

Product liability cases include appliance cases, fire, defective materials, defective construction.

Education

Creighton University School of Law, J.D., cum laude, member of the Moot Court Team and Moot Court Board of Directors

University of Nebraska at Omaha

Admitted to Bars & Courts

State and Federal Courts in Nebraska

United States Supreme Court

United States Tax Court

United States Court of Appeals, Eighth Circuit

Federal District Courts in Arizona, Colorado and Wisconsin

Memberships, Boards, & Committees

Nebraska State Bar Association

Omaha Bar Association

Nebraska Defense Counsel Association

Defense Research Institute

American Board of Trial Advocates

National Association of Railroad Trial Counsel

Elected to Nebraska State Bar Association Executive Council, District 2, 2019

Member of various Nebraska Judicial Nomination Commissions

Nebraska Bar Foundation, Lifetime Fellow

Elected to American Board of Trial Advocates, 2013

Practice Emphasis
Publications
Significant Cases

A Word From Our Clients

Awards

  • Defense Counsel of the Year by the Nebraska Defense Counsel Association
  • Lifetime Fellow of the Nebraska State Bar Foundation
  • Best Lawyers Recipient, 2019 to present
  • AV rated by Martindale Hubbell (highest possible rating based upon peer review)
  • Best Lawyers – Commercial Litigation 2019-2025
  • Best Lawyers Medical Malpractice Law – Defendants 2019-2025