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Lawyer Ordered to Pay Back $15,000 in Long-Running Nebraska Lawsuit

lawsuit-settlementOMAHA, Neb. (AP) — A Nebraska judge has ordered a lawyer to pay $15,000 for filing frivolous motions in a long-running lawsuit dispute over a defunct insurance company’s assets.

The case that dates back to 1998 is far from over because that lawyer, Bill Gast, is appealing the latest ruling against his David Fulkerson’s estate and his former firm, Countrywide Insurance Agency.

Douglas County District Judge Peter Bataillon fined Gast Friday after deciding that several of his motions were frivolous.

Gast didn’t immediately respond to questions about the sanctions over the weekend. Gast has been critical of Bataillon’s past rulings, and he argues in his appeal that the judge didn’t have the legal authority to decide the case this spring.

Florida regulators are trying to recover at least $2.2 million in the case.

Vice President’s Son Beau Biden Dies at 46

Beau Biden
Beau Biden

DOVER, Del. (AP) — Beau Biden, son of Vice President Joe Biden and two-time attorney general for the state of Delaware, has died.

The 46-year-old lawyer died Saturday of brain cancer, less than two years after being diagnosed.

Beau Biden was hospitalized earlier this month at Walter Reed National Military Medical Center. At the time the vice president’s office declined to say why he was being treated.

Beau Biden also suffered a mild stroke in 2010.

He announced last year that he would not seek a third term as attorney general and instead planned to run for governor in 2016.

In addition to serving as attorney general, Beau Biden was a member of the Delaware National Guard.

Toddler Drowns in Ohio Pond on Same Day Her Brother is Born

ambulance-lightsCOLUMBUS, Ohio (AP) — An Ohio family is mourning for a toddler who drowned in a pond on the same day her mother gave birth to her brother.

Authorities in Marion County, which is north of Columbus, say 18-month-old Jaylynn Adamson had been staying with a relative while her mom was at the hospital.

Lt. Jason Dutton of the Marion County sheriff’s office says the little girl was found in the pond Friday morning. She was pronounced dead at Marion General Hospital, where her mother was in labor.

David Adamson, an uncle of the children’s father, tells The Columbus Dispatch that the girl’s mother gave birth to a son later that day.

The sheriff’s office isn’t saying who found the little girl in the pond or releasing other details about the drowning.

Construction to Begin on US Highway 30 East of Wood River

NDORWOOD RIVER, Neb. (AP) — Construction is set to begin Monday on U.S. Highway 30 east of Wood River and is scheduled to last until fall.

The Nebraska Department of Roads says the work will include concrete repair and milling and resurfacing of the roadway and shoulders on about a 12-mile stretch of the highway.

Traffic along the stretch will be controlled by one-lane work zones, a pilot car and flaggers.

On June 5, a three-day project is also set to begin on Highway 30 east of Alda. Union Pacific Railroad will replace the crossings on the highway. Traffic will be detoured using Husker Highway and Alda Road. Highway 30 is expected to be reopened to traffic on the afternoon of June 8.

Nebraska Capitol Falcon Chick Fitted with ID Bands

neb-capitolLINCOLN, Neb. (AP) — Nebraska wildlife officials have fitted a peregrine falcon, hatched this spring atop the Nebraska Capitol, with two identifying bands over the chick’s vocal protests.

The chick’s parents — Ally and an unnamed male — had four eggs in their nest this spring, but only one hatched.

That chick, a male, was fitted with two bands on Friday. One includes a 10-digit number and the other a red and gray band with a letter and number that can be read from a distance. The bands will aid in tracking the raptor.

The chick also was treated for any parasites.

The Nebraska Game and Parks Commission plans to hold a contest to name the chick.

Ex-Nebraska Guard Accused of Trying to Smuggle Drugs Into Prison

tecumseh-correctionalLINCOLN, Neb. (AP) — A Hickman man is accused of trying to smuggle drugs to inmates when he was a guard at Tecumseh State Correctional Institution.

21-year-old Michael Splittgerber is accused of offering to sneak marijuana into the prison to an inmate last year.

An arrest affidavit says prison officials learned of the offering after an inmate reported to Splittgerber’s superior that Splittgerber told the inmate he had something for him.

Investigators say a search of Splittgerber’s pockets by prison officials turned up a marijuana cigarette inside a staff-issued plastic glove.

He was arrested on a warrant earlier this month. He remained Saturday in the Johnson County Jail on $5,000 bond and could be reached for comment.

Columbus Woman to Stand Trial in Forgery Case

gavel-and-scaleCOLUMBUS, Neb. (AP) — A 23-year-old Columbus woman will stand trial on forgery, theft and identity theft charges.

Fiama Montalvan is accused of opening a phony bank account and forging more than a dozen checks. Police say she did so to try to conceal the theft of thousands of dollars from a local payday advance business.

Montalvan, who was an office employee at the business, is accused of forging the signatures of Advance America customers on 15 fraudulent checks to hide cash thefts that were used to pay for personal expenses.

Montalvan is set to be arraigned on June 26 in Platte County District Court.

A phone listing for Montalvan could not be found.

Nebraska Man Convicted of Molesting Child to Get New Trial

Phillip Armstrong (NE Dept. of Corrections Photo)
Phillip Armstrong (NE Dept. of Corrections Photo)

OMAHA, Neb. (AP) — The Nebraska Supreme Court has ordered a new trial for a Sarpy County man convicted of sexually assaulting two children, agreeing that his defense lawyer was so ineffective that it denied him a fair trial.

The ruling Friday came in the case of 73-year-old Philip Armstrong, who was convicted in 2009 of sexually assaulting two children he had babysat.

Court records show that Armstrong’s defense attorney provided Armstrong with a recording of investigators’ interview of the victims. Armstrong then showed the recording to several of his family members — a violation of state law.

In its ruling, the high court said Armstrong’s attorney did not explain to the jury why one witness’ testimony was stricken and why other family members were never called.

Pavement Work Could Hamper Traffic in Northern Nebraska

road-workATKINSON, Neb. (AP) — Resurfacing work is scheduled to begin next week on Nebraska Highway 11 in northern Nebraska.

The Nebraska Roads Department says the pavement project will run north from Atkinson for eight miles.

Flaggers and a pilot vehicle will be used to control traffic.

The project is expected to be finished by late June.

More Cancer Success with Drugs That Enlist Immune System

Medical-ChartCHICAGO (AP) — A major study has shown that a drug targeting the body’s disease-fighting immune system may improve survival for the most common form of lung cancer.

These drugs have transformed treatment of melanoma, the deadliest skin cancer. Studies presented at a medical conference Friday in Chicago suggest these immune therapies can play a broader role in more common cancers. Lung cancer is the leading cause of cancer deaths nationwide.

The new study tested Bristol-Myers Squibb’s Opdivo (op-DEE-voh). It blocks a protein that prevents the immune system from attacking cancer cells. It worked better than chemotherapy for a form of advanced non-small cell lung cancer. Opdivo patients lived on average three months longer. It might not seem like much but advanced lung cancer is incurable and any success is considered promising.

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