Windstream retirees denied injunction to stop benefit changes
People who retired from predecessor companies to Windstream have been dealt a blow in their bid to prevent the company from altering their benefits starting in January. | Full Story
Widows Win Land Battle Against Landfill Company
Two Nebraska widows won the right to buy back their family farmland for one dollar ($1.00) each. The Douglas County, Nebraska District Court rejected technical defenses, and attempts to construe a 1987 contract against the ladies, sisters-in-law, when it ordered Waste Management Co. to deed the farmland, now a landfill producing methane gas, back to the sellers. | Full Story
D OMINA L AW G roup pc llo 's Roberta Anderson Retires in 2008
Roberta Anderson, Legal Secretary at D OMINA L AW G roup pc llo , retires at the end of 2008. Roberta has been with DLGpc since 1994. We thank Roberta for years of service and wish her well as she celebrates her retirement. Congratulations!
Court says Skyline must be maintained as golf course -Paul Hammel, World Herald Bureau
The former Skyline Woods golf course must be maintained to look like a golf course but isn't required to be operated as one, the Nebraska Supreme Court ruled Friday. In a unanimous opinion, the court ruled that developer David Broekemeier, who bought the course in 2005 to develop into condominiums, was bound by covenants that restrict use of the property as a golf course. | Full Story
D OMINA L AW G roup pc llo Pursuing a Class-Action Against Windstream -Richard Piersol, Lincoln Journal Star
People who retired from Aliant and Lincoln Telephone & Telegraph Co. are countersuing Windstream, the successor to those phone companies, to prevent its changing any of their retirement benefits in January, as planned. | Full Story
Retirees fight Windstream plan to cut benefits -Josh Funk, ASSOCIATED PRESS(AP)
Windstream Corp. wants a federal judge to affirm its authority to reduce retiree benefits even when the people affected retired from other phone companies that Windstream acquired over the years. | Full Story
Financing Public Education: The Courts vs the Legislature?
Since shortly after statehood, a Nebraska statute has permitted “persons in possession of land for which a patent has not yet been issued” to petition a local “freeholder board” to transfer land between school districts for tax purposes. Frequently – sometimes biennially – this thorny subject has commanded legislative attention. | Full Story
Walton Construction steps into West Edge development project
Walton Construction has been hired to finish the West Edge project, although it will be several weeks before work resumes on the star-crossed development near the Country Club Plaza. | Full Story
The Nebraska Lawyer publishes an article by David A. Domina: WHAT IS THE BAILOUT BILL?
The November-December 2008 combined issue of The Nebraska Lawyer featured David Domina’s analysis of the Emergency Economic Stabilization Act of 2008. The Act is commonly known as the Bank Bailout Bill. Bankers call it the “Troubled Asset Recovery Plan” or TARP. | Full Story
The Nebraska Lawyer is the official publication of the Nebraska Bar Association.
J.E. Dunn pulls out of West Edge project
The festering dispute over The West Edge development has blown up, with J.E. Dunn Construction Co. quitting advertising magnate Bob Bernstein’s trophy project going up by the Country Club Plaza. | Full Story
Tax Compliance Practice Liability. What is the Exposure? Nebraska Supreme Court Rules on Tax Preparer’s Liability
“Compliance” practice means tax return preparation to an accountant. It means the same thing to many lawyers. Both professions know “compliance” practice may also encompass analysis, advice and assistance on observing or otherwise discharging a broad range of federal and state laws, regulations and guidelines ranging from annual domestic occupation tax reports and meeting minutes to intermittent environmental agency filings. | Full Story
Dispute halts work on West Edge project
The troubled West Edge has been hit by more turmoil with the contractor and developer trading accusations about missed payments, pushing the high-profile project’s timetable further behind. | Full Story
Bellevue pilot sues after near-fatal crash -Lincoln Journal Star
A Bellevue man is suing an aviation company he claims was negligent in maintaining a Cessna aircraft he test flew in 2005. | Full Story
Banking Issues – Mortgage Crisis Poses Threat to Individuals.
2008’s July 4 celebration weekend was barely over when the nation’s banks and financial markets were rocked with news of a major lender’s insolvency in California, and the need for an emergency bailout of America’s two largest mortgage lenders, FNMA and FMAC. | Full Story
D OMINA L AW G roup pc llo sues city in wrongful death claim -Clarence Mabin, Lincoln Journal Star
The mother of a Lincoln woman who died after an asthma episode at her home is suing the city in a wrongful death lawsuit. | Full Story
D OMINA L AW G roup pc llo sues California firm, local attorney -Clarence Mabin, Lincoln Journal Star
A Nebraska man is suing a local attorney and a California firm associated with famed defense lawyer Johnnie Cochran, claiming they mishandled his criminal appeal. | Full Story
Sixth Circuit Court of Appeals Struggles with Issues Following Bankruptcy
D OMINA L AW G roup pc llo ’s arguments to the United States Court of Appeals for the Sixth Circuit produced a split decision, in a complex legal area involving bankruptcy procedure. | Full Story
Important Landfill Case Tried. Following Success on Summary Judgment Proceedings.
Two widows in their 80s who, with their husbands contracted to sell their family farm to Waste Management, found themselves in court over their contractual right to buy back their farm. They chose D OMINA L AW G roup pc llo for the task. | Full Story
D OMINA L AW G roup pc llo Wins Accounting Malpractice Appeal. Precedent Established Governing Malpractice Rules.
The Nebraska Supreme Court’s 6-1 opinion in favor of D OMINA L AW G roup pc llo ’s clients Fred A. Lockwood and his accounting firm announced important rules in the complex area of damages from alleged accounting malpractice. | Full Story
D OMINA L AW G roup pc llo Wins Property Tax Relief Issue for Client
In Michigan, when a land purchaser acquires real estate, they are often met with the un-welcomed event of the property’s taxable value becoming uncapped. When the taxable value becomes uncapped it can rise to the level of the capped value and thus increase the annual tax burden significantly. | Full Story
Special Investigator Appointed to Evaluate Policyholder Claims Against Insurer
The Douglas County District Court appointed a former district judge from Lincoln to conduct a statutory investigation of Medico Insurance Company. The appointment came after David Domina’s cross examination of the proposed investigator in open court, and with the consent of his client who initiated a shareholder derivative action against the insurer. | Full Story
Nebraska Supreme Court Hears Condemnation Appeal
The Metropolitan Utilities District condemned easements across a west Omaha developer’s subdivision to install two large subterranean aqueducts. The 54 and 48 inch diameter lines were installed to move water to, and from, a 20 million gallon reservoir on the City’s west side. | Full Story
Court of Appeals Reverses! Trial Court Erred by Rescinding Agreement.
Domina Law Group pc llo’s real estate investor client learned an Omaha property owner’s asset was about to be sold by the County Sheriff to collect a judgment. The property had equity, and it seemed clear the foreclosure should be avoided. | Full Story
Appeals Court Considers Rescission Claims
A homeowner, facing a sheriff’s sale following an adverse judgment for a substantial consumer debt, turned to a private investment firm for help to save her house. She signed a deed, other closing documents, a closing statement, and a lease providing she could lease the property back, with an option to buy it back, at a later date. | Full Story
Ninth Circuit Court of Appeals Hears Spirited Oral Argument from D OMINA L AW G roup pc llo
A Complex Legal Issue, created by two Federal Statutes enacted nearly 100 years apart, recently served as the backdrop for a remarkable oral argument before the United States Court of Appeals for the Ninth Circuit, in San Francisco. | Full Story
Jury Finds Hospice Care Liability
A jury found professional negligence, and inadequate care was provided to an 85-year-old hospice patient who sought a dignified, painless death from multiple, concurrent cancers. The case is Nebraska’s first hospice care verdict. | Full Story
United States Supreme Court Expands Preemption Doctrine; Limits State Law Claims
The United States Supreme Court’s mid-February 2008 decision in Riegel v. Medtronic, impacts efforts by lawyers to find relief for injured clients suffering from the adverse consequences of defective, or misdesigned, medical devices. Riegel v. Medtronic, number 06-179, decided February 20, 2008, decided a case brought by Mr. and Mrs. Riegel against Medtronic after one of its catheters ruptured in Mr. Riegel’s coronary artery during heart surgery. They alleged the device was not properly labeled under New York law. | Full Story
Jury Finds Failure to Treat Pain of Dying Cancer Patient Negligent
An Omaha jury has decided in favor of the daughters of Frances Tolliver, an 85 year old woman who died of cancer while a resident of Hospice House, based on the nursing staff’s failure to provide Mrs. Tolliver adequate pain management in her final weeks of life. | Full Story
Fight for control of foundation returns to state high court- Josh Funk, ASSOCIATED PRESS(AP)
The fight for control of one of Nebraska's oldest and most prestigious charitable foundations will return to the state Supreme Court on Friday for a second round of arguments. | Full Story
Serious Injuries Lead to DLGpc Attack on Constitutionality of Damages Cap
D OMINA L AW G roup pc llo ’s Lincoln, Nebraska client decided her successful high school education would be followed by college years in her home town. The young lady, literally the queen of her prom at one of Lincoln’s public high schools, was crossing the street with friends, in a residential area, well dressed and conducting herself appropriately, when a no lights, no sirens, high speed police cruiser responding, silently, to a domestic call, struck her. Since then, for more than a year the young lady has been cast into a persistent vegetative state. | Full Story
David A. Domina recognized as "Leading Lawyer"
A newly published book by London legal publisher "Chambers & Partners" entitled Chambers USA, America's Leading Lawyers for Business 2007 - The Client's Guide , recognized David A. Domina, Founder, D OMINA L AW G roup pc llo , in the litigation section as follows: | Full Story