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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

During the week of September 24, 2017, Mark Thomas obtained a defense verdict in favor of Innovative Ag Services, Co. amidst allegations they failed to apply the herbicide Ignite according to its label to a portion of Plaintiff Joel Kurtenbach’s corn fields. Plaintiff alleged Innovative Ag Services, Co.’s off-label use resulted in financial damage caused […]

Traditionally, it is notoriously difficult for the employer to succeed before the Commission on a notice defense. However, on October 11, 2017, the court issued a decision affirming a finding that claimant did not give notice of her injury to her employer within 90 days. The case involved a cumulative back injury that manifested itself […]

On October 25, 2017, Clark Mitchell obtained a defense verdict for his client.  Mitchell represented the defendant (a vehicle repair shop) in the lawsuit.  The plaintiff was a customer of the defendant repair shop.  The Polk County lawsuit arose out of a break-in of the plaintiff’s vehicle while in the possession of the defendant.  The […]