MILLER AND ERICKSON WIN SUMMARY JUDGEMENT IN MULTI-ISSUE LAWSUIT

March 2, 2018

Anita Dhar Miller and Ben Erickson successfully defended an individual against multiple claims, including defamation, malicious prosecution, and intentional infliction of emotional distress. After an immense amount of discoverable information was exchanged between the parties, Miller and Erickson moved for summary judgment, asserting a number of affirmative defenses afforded to their client by Iowa law.  […]


THOMAS OBTAINS DEFENSE VERDICT FOR HOMEOWNER

Mark Thomas recently obtained a defense verdict in the case of Farley v. Edmonds. Mr. Farley was employed by Ms. Edmonds to trim tree branches overhanging her home. He was severely injured in that process where he fell off the roof and brought suit against the defendant for failure to warn of purportedly defective shingles […]


CURRIE WINS SUMMARY JUDGEMENT

Michael Currie successfully defended his client against an $850,000.00 breach of contract claim. A plaintiff claimed that the defendant insurance company unlawfully denied coverage for loss to the façade of his house, indisputably caused by long term water intrusion to the same. Currie argued the loss was excluded by the plain terms of the policy, […]


IOWA SUPREME COURT UPHOLDS ENFORCEABILITY OF SURROGACY CONTRACTS

The Iowa Supreme Court unanimously affirmed the decision of the Iowa District Court for Linn County, upholding the enforceability of surrogacy contracts in Iowa. This case presented a number of issues of first impression in the state: are agreements between private individuals and gestational carriers (surrogacy contracts) enforceable under Iowa law, or void as against […]


Acquittal in Federal Court

January 31, 2018

Adam Zenor served as counsel for a criminal defendant, after a federal grand jury returned an Indictment for felon in possession of a firearm. Michael Kuehner also appeared on behalf of the defendant. Trial commenced on Monday, January 23, 2018. The jury heard testimony for two days and received the case near close of business […]


IOWA COURT OF APPEALS OVERTURNS SUMMARY JUDGEMENT RULING INVOLVING NEGLIGENCE CLAIM

December 15, 2017

In February 2014, plaintiff and his wife visited an Iowa retail store. Upon entering the store, Plaintiff noticed the rug in the entryway “had large wrinkles maybe 2 to 3 inches tall.” Notwithstanding the condition of the rug, plaintiff attempted to walk across it. As he was doing so, he tripped over the wrinkled rug, […]


MITCHELL AND LINDEBAK SUCCESSFULLY DEFEND CLIENT BEFORE SUPREME COURT

Clark Mitchell and Aaron Lindebak obtained a defense verdict in favor of the president of a townhome owners association in an appeal to the Iowa Supreme Court. The appellants, a former townhome association president and his wife, appealed the district court’s granting of summary judgment on his defamation claim and his malicious prosecution claim. Mitchell […]


IOWA COURT OF APPEALS UPHOLDS COMMISSION’S INDUSTRIAL DISABILITY AWARD INVOLVING ACCOMMODATED EMPLOYMENT

In April 2009, claimant injured her neck and back during the course of her employment as a pharmacy technician. In addition, it was determined claimant’s injury resulted in anxiety and depression issues. After reaching maximum medical improvement for her work injuries, claimant was able to return to her employment as a pharmacy technician under permanent […]


ZENOR SUCCEEDS AT IOWA COURT OF APPEALS

An Iowa high school male was charged with a felony sex offense after an incident with a female student.  After discovery, the State and defendant entered a plea agreement to the misdemeanor charge of Assault Causing Bodily/Mental Injury. At sentencing, the associate district court granted the defendant a deferred judgment. However, the court imposed sex […]


Court of Appeals Disallows Jury Award of Punitive Damages in Contract Dispute

November 28, 2017

Hansen Company is a general contractor that was hired to renovate the former Younkers Building in downtown Des Moines. In the spring of 2013, RedNet Environmental Services contracted with the Hansen Company to perform asbestos abatement, lead abatement, PCB/Mercury disposal, and demolition of the aforementioned building. Before RedNet was allowed to perform any of the […]