Category: Latest News

A Divided Court of Appeals Reverses the District Court’s Denial of Summary Judgment in Dram Shop Case

March 29, 2019

On March 1, 2015, Brett Weichers (Plaintiff) was assaulted by two men who had consumed alcohol at several establishments, including Tony’s La Pizzeria (Defendant). Plaintiff filed a dram shop suit against Defendant (and two other bars) seeking damages for the injuries he sustained from the assault and alleging that Defendant ‘“sold and/or served beer, wine, […]


Court of Appeals Affirms Summary Judgment Against Unlicensed Public Adjuster

A hail and wind storm damaged Gregg Whigham’s home in March 2016. The home was insured by The Cincinnati Insurance Company (Cincinnati). After the storm, Gregg contracted 33 Carpenters Construction, Inc. (33 Carpenters) for the repair of his home. Per their agreement, 33 Carpenters would repair Gregg’s house and, in exchange, would receive the right […]


Iowa Supreme Court Affirms $450,000 Indemnification Judgment in Favor of Homeowners’ Insurer

In 1997, Jay and Lorrie Lala, husband and wife, created a limited liability company, Parker House, to hold various investment and personal properties, including a farmhouse that was purchased for investment purposes. The farmhouse was kept furnished although no one lived there. The Lalas occasionally used it to host business and public events. They also […]


Lindebak Wins Defense Verdict in Negligence Case

On March 6, 2019, Aaron Lindebak obtained a defense verdict for his client. Lindebak represented the defendant (a hotel) in the lawsuit. The plaintiff, who was a guest at the hotel, slipped and fell in a shower. The plaintiff alleged the hotel was negligent. Following the presentation of the plaintiff’s case, Lindebak moved for directed […]


IRAS OFFER TEACHABLE MOMENTS FOR CHILDREN AND GRANDCHILDREN

February 21, 2019

Investors may be excited to learn that annual contribution limits to IRAs increased this year for the first time since 2013. Last fall, the IRS announced that beginning in 2019, the annual contribution limit to IRAs would increase to the lesser of one’s earned income for the year or $6,000 ($7,000 for individuals age 50 […]


BUSINESS OWNERS REMINDED TO FOLLOW CORPORATE FORMALITIES

Many business owners choose to organize their businesses as separate legal entities such as corporations or LLCs. There are many advantages for doing so, but one of the primary advantages a corporation or an LLC provides a business owner is limited liability protection.  This means that, generally, if a plaintiff wins a lawsuit against a […]


No Rule Requires Medical Experts Practice in the Same Specialty as Defendant Accused of Malpractice

February 14, 2019

   Plaintiff brought suit on behalf of decedent’s estate following decedent’s death.  Decedent received care for a fracture and, following placement of screws in her ankle, developed MRSA.  As a result of the infection, the physicians amputated the leg.  Plaintiff alleges medical malpractice due to failures with the surgery, monitoring of the ankle, and failing […]


Court of Appeals Affirms Summary Judgment Involving Breach of Contract Claim Against Insurance Company

December 7, 2018

Plaintiffs purchased a home in Council Bluffs, Iowa in June 2015. They purchased insurance coverage for the home through Defendant. In September 2015, Plaintiffs’ newly purchased home developed serious foundational deficiencies. After Plaintiffs informed Defendant of the damage, Defendant sent representatives to the home to conduct an investigation. Upon completion of their investigation, Defendant sent […]


Erickson Obtains Defense Verdict in Negligence Case

Ben Erickson recently obtained a defense verdict on behalf of two local clients. The case stemmed from an auto accident with disputed liability. At trial, Erickson presented evidence that the defendant driver was not at fault, and that the plaintiff’s own actions caused the accident. A Polk County jury agreed, and returned a verdict in […]


Iowa Court of Appeals Affirms Jury’s Finding that Plaintiff’s Alleged Symptoms were the Result of Preexisting Conditions

On May 22, 2013, plaintiff’s vehicle was struck from behind by defendant at an intersection. The evidence showed defendant had not applied the gas pedal and was traveling less than five miles per hour. Neither vehicle showed physical damage. The evidence further showed plaintiff had “multiple musculoskeletal problems” prior to the accident at issue. Plaintiff […]