Matt Rusch Triumphs - Griffith v. LG Chem et al: Summary Judgment Affirmed on Appeal

Congratulations to partner Matt Rusch regarding a recent Nebraska Supreme Court victory, Griffith v. LG Chem et al.  The Court affirmed the Lancaster County District Court’s grant of summary judgment in favor of Erickson Sederstrom clients.  The case involved a conflict of law issues between Nebraska and Pennsylvania regarding the application of the states’ conflicting statutes of limitation. 

Background: 

The case centered around John Griffith's injuries sustained while replacing electronic cigarette batteries at his home in Pennsylvania.  He had purchased the batteries at a truck stop in Nebraska.  LG Chem and LGCAI were alleged to be the manufacturers of the batteries.  The Griffiths filed suit against LG Chem, LGCAI, Shoemaker’s, and E-Titan, alleging negligence, product liability, breach of warranty, and loss of consortium. E|S represented Shoemaker’s and E-Titan, while LG Chem and LGCAI were represented by other counsel.  Key issues included conflicting statutes of limitations from Pennsylvania and Nebraska and a challenge to personal jurisdiction over LGCAI.  The case was filed in Nebraska more than 2 years after Mr. Griffith received his injuries.  Shoemaker’s and E-Titan sought summary judgment, contending that Griffith’s claims were time-barred under Pennsylvania's 2-year limitation period. The Griffiths argued that Nebraska’s 4-year statute of limitations applied. The district court determined that an actual conflict existed between the two states' laws and that the 2-year Pennsylvania statute of limitations applied, resulting in dismissal of all claims against Shoemaker’s and E-Titan.  The district court also dismissed LG Chem and LGCAI from the case, citing a lack of personal jurisdiction.

The Griffiths appealed, challenging the summary judgment in favor of Shoemaker’s and E-Titan and the dismissal of LG Chem and LGCAI. The assignments of error focused on applying the Pennsylvania statute of limitations and the court's lack of personal jurisdiction over LGCAI.

Analysis and Conclusion:

The Nebraska Supreme Court affirmed the district court’s grant of summary judgment for Shoemaker’s and E-Titan and dismissal of the other defendants. 

The appellate court concurred with the district court's findings, emphasizing that Griffith’s negligence claims were based on Pennsylvania law, justifying application of its statute of limitations. The court also upheld the dismissal of LGCAI, stating that the Griffith failed to establish sufficient contact between LGCAI and Nebraska.

Griffith v. LG Chem, 315 Neb. 892

Meet Our Newest Attorney Callie G. Williams!

Omaha Estate Attorney Callie G. Williams

We are delighted to introduce Callie Williams, the latest addition to our estate team. With a wealth of experience and a unique perspective, Callie brings fresh energy and valuable insights to our firm.

Beyond the general opportunity to experience the realities of being a practicing attorney, Williams is looking forward to learning from the highly esteemed attorneys of Erickson Sederstrom, the prospect of contributing positively to clients and the Greater Omaha community, and the opportunity to discover her niche within the practice.

A graduate of the University of Nebraska Omaha and the University of Missouri-Kansas City School of Law, her past experiences will undoubtedly contribute to her future success in law.

Active in various legal associations, including the Treasurer position for the Nebraska State Bar Association's Real Estate, Probate, and Trust Law section, Callie is not just a legal professional but a dedicated advocate for positive change. She serves on the Board of Directors for Ambassadors Worship Center and is actively engaged in community service.

“As a minority, I understand the importance of diversity and inclusion, and I am committed to promoting these values in the workplace. My journey as the first attorney in my family reflects my ability to break barriers and navigate uncharted territory, demonstrating adaptability and a strong work ethic. The challenges I have overcome have honed my problem-solving skills and tenacity, qualities that will undoubtedly serve me well in addressing complex legal matters,” shared Williams.

Please join us in extending a warm welcome to Callie. We look forward to the valuable contributions she will bring to our team and the positive impact she will undoubtedly make in the legal profession and the community.

ES Law Welcomes John Bachman!

ES Law proudly welcomes John Bachman, an esteemed and highly experienced attorney, to its distinguished team. John brings a wealth of expertise in various areas of the legal field, particularly in real estate development, leasing, financing, and acquisition and sale transactions.

With decades of experience, John has earned a stellar reputation for his exceptional legal insight and commitment to his clients. His diverse clientele includes developers, local governmental bodies, notably Sanitary and Improvement Districts, business and property owners, associations, institutional banks and lenders, and business owners.

John's specialization in zoning and land use further solidifies his position as a leading expert in the legal community. His extensive involvement in commercial, industrial, and residential development, leasing, and ownership has been instrumental in facilitating complex real estate transactions. Additionally, his substantial experience in oil and gas leasing transactions, carbon sequestration, and related pipeline easements for property owners and pipeline companies showcases his versatility in navigating the intricate legal aspects of these industries.

John's academic achievements include a B.S.B.A. degree from the University of Nebraska and a J.D. from Creighton University. He remains an active member of the Omaha Bar Association and the Nebraska State Bar Association, contributing to the legal community's growth and development.

Consistently recognized for his expertise, John has received accolades from prestigious institutions such as Best Lawyers in America and Chamber U.S.A. for the past two decades, affirming his status as a trustworthy authority in various real estate fields.

Welcome, John!

2 ES Lawyers recognized as Best Lawyers: Ones to Watch in America™ 2024

Erickson | Sederstrom is proud to announce Matt Quandt and Matt Reilly were recognized by Best Lawyers® again. They were both selected by their peers and included in the Best Lawyers: Ones to Watch in America™ 2023 and 2024. These awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in America. Matt Quandt was selected for his work in Transportation Law and Personal Injury Litigation - Defendants. His practice concentrates on trucking accidents, including wrongful death and personal injury; he represents some of the biggest motor carriers and insurers in the nation. Matt Reilly was selected for his work in Construction Law and Personal Injury Litigation – Defendants. His practice focuses on representing contractors across Iowa and Nebraska in construction disputes and defending complex and severe personal injury claims.

8 ES Lawyers Recognized as Best Lawyers® Award Recipients

ES Law is pleased to announce that 8 lawyers have been included in the 2024 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

"For more than 40 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions," said Best Lawyers CEO Phillip Greer. "It is with great pleasure that we continue to provide potential clients with the pinnacle measurement of credibility through our Best Lawyers awards as they search for counsel."

Best Lawyers has earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in more than 75 countries.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to ensure they are in current practice and good standing.

ES Law would like to congratulate the following lawyers named to the 2024 Best Lawyers in America list:

• Bonnie M. Boryca - Appellate Practice and Commercial Litigation

• Thomas J. Culhane - Bet-the-Company Litigation, Commercial Litigation, Construction Law, Insurance Law, Litigation - Construction, and Personal Injury Litigation - Defendants

• Daniel I. Dittman - Trusts and Estates

• William T. Foley - Corporate Law

• Virgil K. Johnson - Corporate Law

• Jerald L. Rauterkus - Personal Injury Litigation - Defendants

• Mark M. Schorr - Labor Law - Management

• Charles V. Sederstrom, Jr. - Health Care Law

ES Recognized For 2022 Courtroom Victories by Harmonie Group

Our experienced trial attorneys have a history of success where it really counts - the courtroom. Read about some of our top cases of 2022, as recognized by The Harmonie Group.

37 MOTOR VEHICLE ACCIDENT INVOLVING SCHOOL VAN AND UNBELTED PASSENGERS 

Matt Reilly, Counsel

School Not Liable for Passenger’s Failure to Wear an Available Seatbelt Defense represented a school district in a claim by a high school student who was injured as a passenger in an automobile collision involving a school van during a summer activity. There was no dispute that the school van driver was not at fault for the accident, as another driver crossed the centerline on the highway and was impossible to avoid. The passenger—himself, a licensed driver aware of the rules of the road—sued the school, claiming that the van driver failed to ensure that the passenger secured his own seatbelt. Plaintiffs refused to consider any settlement offers below policy limits. After almost ten years of litigation—including a two-week trial, two directed verdicts in favor of the school district, and two different appeals— ruled in favor of the school district, holding that Nebraska statutes do not provide a passenger with a negligence claim against a driver when the sole basis of the claim is a failure to ensure the usage of a seatbelt.

■ RESULT: Defense Verdict Upheld on Appeal.

TRIP AND FALL IN A PUBLIC PARK 

Matt Reilly, Counsel

Political Subdivision Immune in Fall in Public Park Defense represented a sanitary improvement district against a claim by two parents that their son was injured when he stepped into a hole on the grounds of the playground within the district’s boundaries. Defense asserted immunity on behalf of the district against the significant damage claims in reliance upon statutes that provide that a political subdivision cannot be sued for claims arising out of “recreational activities.” The lower court ruled in favor of the district on the asserted grounds and dismissed the parents’ claims against the district. 

■ RESULT: Summary Judgment Granted.

LLC DISSOLUTION 

Bonnie Boryca, Counsel

Business Partner Accusing of Withdrawing From LLC A bifurcated jury trial was held on the issue of whether one of four business partners in a real estate development LLC had withdrawn as a member of the LLC. If it had, then any liability and value of its percentage ownership of the LLC was capped as of the date of withdrawal. All business partners testified, as well as non-party witnesses. The jury returned a unanimous verdict in favor of the business partner accused of withdrawing, finding that there was no withdrawal or dissociation. 

■ RESULT: Jury Verdict and Court Ruling That Partner Had Not Withdrawn From LLC.

GAS EXPLOSION, INSURANCE SUBROGATION ACTION 

Matt Reilly, Counsel

Gas Explosion in Historic Downtown Building Counsel represented a subrogation carrier with a $2.6MM claim arising out of a fire in Omaha’s downtown Old Market area. The fire occurred when an underground gas line was struck in the course of a contractor performing directional boring work. The one remaining defendant at trial was the gas utility operator, Metropolitan Utilities District (MUD). MUD denied all liability and claimed that it properly marked its buried gas line. After a 2-week trial, the court ruled in favor of the subrogated carrier and found that MUD was 50% at fault (the remaining 50% was assigned to a settled party.) 

■ RESULT: Subrogation Win $2.6MM.