Gilberto Mendez Mendez sued an apartment building owner and the building manager after slipping and falling down a flight of exterior stairs.  At trial, a jury found the owner and building manager were not at fault.  Mendez challenged the verdict on appeal.  Specifically, Mendez took issue with the trial court’s exclusion of two items of […]

The Iowa Supreme Court considered whether a criminal defendant’s obligation to pay restitution was discharged or otherwise diminished where the victim of the defendant’s crime did not make an insurance claim relative to his stolen property. The underlying facts were these.  Robert Dubois was charged with and pleaded guilty to third degree burglary after items […]

  We are pleased to welcome Kelsey R. Leppert to our Corporate Division.  Kelsey joined the firm in September 2016, following her admission to the Iowa Bar.  Her practice areas include Estate Planning & Probate, Business Law, Real Estate Law, and Taxation.  She lives in Pella and divides her time between the firm’s Des Moines […]

With this year’s election approaching soon, tensions are rising as both candidates continue to campaign throughout the United States. But what happens if your preferred candidate loses? Would you want to leave the United States? Many people, including celebrities Samuel L. Jackson and Cher, have claimed that they will move outside the United States if […]

The Iowa Court of Appeals issued its opinion on July 27, 2016 in the Baur Farms litigation. The case concerns oppression of minority shareholders. The plaintiff and other relatives succeeded to ownership of a family farm corporation (BFI). The plaintiff was a minority shareholder and served as a director, but not as an officer of […]

“Don’t ever take a fence down until you know why it was put up.” – Robert Frost Property boundary disputes are unfortunately a common occurrence for landowners in Iowa, and many choose to build fences to separate the properties and alleviate these boundary issues. Having a fence in place provides a number of benefits, including: […]

In Iowa, a plaintiff is generally entitled to recovery of attorney fees where such a recovery is contemplated by a contract or a statute.  Of course, the plaintiff has to succeed in his or her lawsuit to recover as well.  But, to what extent must a plaintiff succeed prior to recovery of attorney fees?  For […]

During the week of September 13, Michael Kuehner successfully defended an Woodbury County automobile driver in a lawsuit stemming from a rear-end car accident.  At trial, Plaintiff alleged that the accident caused him serious low back pain and leg numbness.  He presented testimony from a treating physician stating his injuries were permanent, and they would […]

Plaintiff NE Iowa Silo purchased a workers’ compensation insurance policy through an independent insurance agent. Plaintiff has job sites and employees based in Iowa and Wisconsin. The insurance agent told plaintiff the workers’ compensation policy provided coverage for employee injuries arising under Iowa and Wisconsin workers’ compensation law. While working in Wisconsin, one of plaintiff’s […]

Sysco Iowa, Inc., a food distribution company, appealed a district court’s determination its contract with the University of Iowa does not contain trade secrets, and therefore, is subject to disclosure under Iowa’s Open Records Act. Sysco and the University of Iowa entered into a contract in 2008, providing Sysco would supply the University with food […]