Anita Dhar and Luke Stauffer successfully defended a seafood distribution company against strict liability and negligence claims. The plaintiff sued the seafood distributor after a fishbone became lodged in plaintiff’s throat during a meal at a local restaurant. Dhar and Stauffer moved for summary judgment, asserting Iowa law exempts businesses working solely as distributors or […]
Guy Cook and Adam Zenor obtained summary judgment on behalf of State Farm Insurance on claims of bad faith and breach of contract. Plaintiffs sued State Farm alleging bad faith and breach of contract after a denial of benefits on a claim under a renter’s policy. The federal district court determined both plaintiffs’ claims should […]
In a jury trial the week of August 3, 2015, Clark Mitchell successfully defended his client Defendant Olmstead Construction, Inc. Plaintiff Reed’s Inc. d/b/a Reed’s Truck Wash sued Olmstead Construction for breach of contract, breach of express warranty, and breach of implied warranty of fitness for particular purpose. The issues at trial revolved around construction […]
An eleven year old girl, K.N.T., was seriously injured in an ATV accident. The drivers of the ATV were uninsured, so K.N.T.’s mother filed an uninsured motorist claim with her own insurance provider, American Family. The American Family claims manager responsible for the claim denied it, citing an exclusion contained in a generic American Family […]
The parents of two teenage boys that drowned at the Pella Aquatics Center in 2010 filed a claim for negligence against the City of Pella. The district court granted summary judgment for the City on all of the plaintiffs’ negligence claims with one exception, concluding that the City was entitled to immunity under Iowa Code […]
Do you own an interest in a foreign bank account? If so, you should make sure you are following the strict reporting requirements of the IRS and Financial Crimes Enforcement Network (FinCEN). Foreign account information must be reported to the Department of Treasury on an FBAR form by all United States persons, including citizens, residents and […]
If you own a small business, you know that it can be difficult to manage the day-to-day operations of the business while also keeping up with all of the rules and regulations employers must follow. Fortunately, there are many resources available to assist small business owners on many topics, such as: Employees: If you intend […]
If you are looking to sell your home, there are several tax rules that you should be aware of. Generally, the IRS treats a gain or loss from the sale of your home differently than it treats a gain or loss from the sale of other property or assets. Publication 523 from the IRS […]
Mark Graziano, a former proprietor at Bauder, was sentenced last fall to two years in jail for that Hydrocodone diversion. After noticing the diversion, the Board revoked Bauder’s controlled substance (CS) license. Guy Cook and Adam Zenor presented Bauder’s case yesterday before the Iowa Board of Pharmacy (IBOP) and argued the time to restore Bauder’s […]
Negligence per se is the violation of an absolute standard of care, which must be ordained by a state legislative body or an administrative agency regulating on a statewide basis under authority of the legislature that is to be followed unwavering in all instances. In a case warranting such an instruction, the jury is told […]
