Monthly Archives: April 2016

Expanded Medicare Coverage for End-Of-Life Care Planning

April 11, 2016

Starting January 1, 2016, Medicare is expanding coverage to include “advance care planning.”  Advance care planning is designed to help individuals identify their health care options for end-of-life care and determine which option best fits their needs and wishes.  Often, this may include creating or updating a living will that clearly reflects the individual’s preferences […]

Appellate Court Affirms Commissioner’s Finding of Causation and Industrial Disability

Employer Pella Corporation appealed a district court order affirming the commissioner’s decision that a forklift accident caused a rotator cuff tear in its employee’s right shoulder, and that the employee, Charlie Marshall, was entitled to an award of twenty percent industrial disability. The Iowa Court of Appeals affirmed the district court’s holding. Marshall was struck […]

District Court’s Finding of “Trespasser” Reversed and Remanded on Appeal

A personal-injury plaintiff appealed a directed verdict in favor of the defendant construction company. The plaintiff was injured after she tripped on the orange plastic webbing of a construction fence laying across a walking trail in Waterloo, Iowa. The plastic fence was the property of Vieth Construction, who had contracted with the City to build […]

Appellate Court Upholds Decision Finding Disclaimer of Implied Warranties Enforceable

The plaintiff, R.J. Meyers Company, appealed a district court’s grant of summary judgment in favor of defendants, Reinke Manufacturing Company, Inc., and Hook’s Point Irrigation in a breach of warranty action. In August of 2011, R.J. Meyers Company purchased an irrigation system from Hook’s Point irrigation. The irrigation system was manufactured by Reinke Manufacturing Co. […]

Cook, McNulty, and Moser Win Appeal for SCE Partners, LLC

April 8, 2016

On March 23, 2016, the Iowa Court of Appeals affirmed the district court decision upholding the Iowa Racing and Gaming Commission’s award of a gambling license to SCE Partners, LLC and its non-profit partner, Missouri River Historical District (MHRD), to operate the Hard Rock Casino in Sioux City, Iowa.  On appeal, Belle of Sioux City […]