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 Baylor Evnen is a full service law firm, serving individuals as well as small businesses. The firm has extensive experience in both civil and criminal litigation, estate planning, probate, real estate, commercial and corporate law. |
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The Nebraska Supreme Court's recent decision in Martensen v. Rejda Bros., Inc., 283 Neb. 279, 808 N.W.2d 865 (2012), is worth noting from both a general litigation and workers' compensation perspective.
Martensen was injured when an ATV overturned and pinned his leg while he was repairing fences in a pasture on the ranch of his employer Rejda Bros. He was not discovered until the following day and, as a result, a portion of Martensen's leg was amputated. Martensen filed suit against Rejda Bros., alleging that his employer was negligent when it failed to make a timely effort to search for, discover, and rescue him. To continue reading, click here. |
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Surviving spouses, emotional trauma, and the bounds of the exclusivity provision of the Workers' Compensation Act
By: Christopher M. Reid
When an employee is killed on the job, his family's only remedy is under workers' compensation. The exclusive remedy rules of the Nebraska Workers' Compensation Act bar a traditional wrongful death action. But what happens when husband and wife work for the same employer, and the husband witnesses the fatal injury to his wife or comes upon the scene shortly after the accident? Absent workers' compensation rules changing the result, the husband would have a claim for his own emotional distress damages. This was the issue addressed in Pitman v. Western Engineering Co., recently decided by the Nebraska Supreme Court. To learn more, click here. |
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2012 BAYLOR EVNEN SEMINAR
Wednesday, November 7, 2012 at the Cornhusker Hotel in Lincoln
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The theme of this year's seminar is Business Survival Guide - Legal and Practical Solutions for Businesses. Attend the seminar and hear Baylor Evnen Attorneys counsel through the tangled maze of overlapping Workers' Compensation and Employment issues, provide leadership in Litigation related concerns and offer expert guidance for entities from the formation stage to succession planning. There will be Iowa Workers' Compensation updates and break-out sessions dedicated to timely topics.
Please mark your calendars for this interesting and informative day. Additional details will be available soon. Please watch www.BaylorEvnen.com and your email for more information.
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Introducing BaylorEvnenCondemnation.com
Condemnation advice to help you protect what is yours
Join attorneys Bill Blake and Jarrod Crouse in an ongoing blog discussion about the power of eminent domain and the process of condemnation. They are committed to tracking projects all across the state, providing current updates, fostering discussions about practices and procedures, and making sure Nebraska landowners are informed in the event their property is threatened.
http://www.baylorevnencondemnation.com/ |
Future Indirect Effects of the New Federal Healthcare Law on Workers Compensation
By: Paul T. Barta
With the United States Supreme Court recently upholding the majority of the provisions of the Patient Protection and Affordable Healthcare Act (PPACA), many questions are left unanswered. One area of concern is the impact of the PPACA on state workers' compensation programs and employers' and insurers' responsibilities related to the same.
The PPACA affects many areas of healthcare both directly and indirectly. Not only does the PPACA mandate that individual citizens purchase healthcare insurance, but it also increases individual states' Medicaid roles and costs (although states may opt out of the Medicaid portion under certain circumstances). However, the PPACA does not directly address how this new healthcare system affects workers' compensation. In fact, the issue of workers' compensation and general liability insurers' roles are left largely unaddressed. To continue readiing, click here. |
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BAYLOR EVNEN l NOTES FROM THE FIRM
We are excited to share with you a glimpse of our attorneys' professional accomplishments, courtroom success, and community involvement.
Baylor Evnen | in the Profession
Baylor Evnen is pleased to congratulate partner Bill Blake on his work as Editor of the American Bar Association Section of Litigation Condemnation, Zoning and Land Use Committee website, and Editor of the Compendium of the Law of Eminent Domain. As a result of Bill's leadership and years of dedication, The Law of Eminent Domain: Fifty-State Survey was published in May. The book will offer a single reference source for questions about eminent domain and condemnation procedures in every state and the District of Columbia. Additionally, Bill has been appointed Chair of the American Bar Association Litigation Section's Committee on Condemnation, Zoning and Land Use.
Andrea Snowden has been appointed to the Board of Directors of the Nebraska Defense Counsel Association. Andrea's civil litigation practice focuses on defense of professional liability claims and personal injury cases, with special emphasis on premises liability for clients in the retail and hospitality industries.
Jarrod Crouse has been reappointed as Chair of Subcommittee for Young Lawyers of the American Bar Association Litigation Section's Committee on Condemnation, Zoning and Land Use.
Baylor Evnen | in the Community
Jenny Panko, Andrew Loudon and Torrey Janus Gerdes, along with their families, organized the 2012 Syracuse Germanfest Kinder Parade in July. The Kinder Parade, which is a special parade for children, is a long-standing tradition at Germanfest. The theme for this year's parade was "A Blast from the Past." Participants were encouraged to dress as their favorite historical figure, dress in clothing representative of any past era, or wear traditional German clothing. Approximately 40 children participated. This is Baylor Evnen's fourth year of sponsorship for this event. These attorneys also represented Baylor Evnen in an entry in the Germanfest Grand Parade. |
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Disclaimer: The matters referenced above in the "Baylor | in the Courtroom" section are merely a synopsis of the cases tried, mediated or argued by the attorneys of Baylor Evnen. They should not be considered advice or projections of the outcomes of any types of cases. Additionally, the above is for informational purposes only and should not be used or considered in evaluating any specific cases or circumstances.
Content reflects the firm's opinions and views on general issues. It is not legal advice and cannot replace consultations with an attorney on specific matters. The Baylor Evnen newsletter provides substantive information that may assist you with current issues. It may be considered advertising under the rules of the Nebraska Supreme Court.
You are receiving this email because of your relationship with Baylor Evnen. Please confirm your continued interest in receiving email from us. You may unsubscribe if you no longer wish to receive our emails.
In an effort to consider the environment, you are encouraged to not print the newsletter. However, if you do choose to print an article, we recommend that you click the link to view the article as a PDF before printing.
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