In 2021, the Iowa legislature codified qualified immunity in the Iowa Municipal Tort Claims Act for the first time. 2021 Iowa Acts ch. 183, section 14 (codified at Iowa Code Section 6704.A (2022)). The legislation codified a qualified immunity protection and also established a heightened pleading requirement for plaintiffs bringing tort claims against municipalities or […]

Peter is an associate attorney in the firm’s litigation division. He graduated from the University of Northern Iowa and worked at Nationwide Insurance before attending Drake University Law School. Peter became interested in law school because he was looking for a career that would provide the opportunity to make a meaningful difference and allow him […]

A company called CDM Rentals, LLC, purchased a condominium in Brook Run Park in Des Moines. Shelley and Cameron Barnes began leasing the condo on September 17, 2015. The Barnes’ unit had a garage that let out onto a shared driveway. A rain gutter ran along the roof above the shared driveway. The rain gutter […]

Jim and Angela Sutton’s house sits near an intersection in Council Bluffs where an underground water main broke in November 2020, sending water to the Sutton’s property. The flowing water eventually became standing water and the Suttons alleged the water caused their house to settle, resulting in damage to its foundation, interior walls, garage floors, […]

Peter Ickes obtained a victory for two married homeowners in a case arising from a dispute with their handyman. The homeowners hired the handyman to install a range hood above their stove and countertops in their kitchen. Pursuant to the agreement, the retired homeowners paid the handyman $1,700 in advance to begin work. A dispute […]

Iowa Code section 85.31(1)(a) states in relevant part, “When death results from the [workplace] injury, the employer shall pay the dependents who were wholly dependent on the earnings of the employee for support at the time of the injury.” Iowa Code section 85.42(1)(a) establishes that a surviving spouse will be considered to be wholly dependent […]

Phyllis Konchar worked as a principal at St. Joseph’s Catholic School for nineteen years. The School was overseen by Father Pins, who was appointed by the Bishop for the Diocese. Despite efforts between both Konchar and Father Pins to resolve their differences in a professional manner, Konchar’s employment was terminated for cause on March 9, […]

Under Iowa’s workers’ compensation law, injured workers can ask for an updated review of their injuries to determine whether their condition has worsened and thus entitles them to additional payments. In the present case, an injured worker filed a review-reopening proceeding which was dismissed by the workers’ compensation commissioner after a finding that the worker […]

On a motion for summary judgment in an age discrimination claim, the Iowa Supreme Court modified the burden-shifting framework for summary judgment on discrimination claims under the Iowa Civil Rights Act (ICRA) to align with the causation standard at trial. The Court adopted the good-faith “honest belief rule” to affirm the employer’s decision to terminate […]

Roberta Butterfield’s estate brought suit against her nursing home, Chautauqua Guest Home, Inc., after her death in 2019. Butterfield’s estate alleged various omissions on the part of the nursing home throughout her residency. Chautauqua timely answered and a discovery plan was subsequently agreed to. Plaintiffs then failed to serve a certificate of merit affidavit and […]