Planning to Leave Donald Trump’s or Hillary Clinton’s America?

October 25, 2016

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 FINALE OF BAUR v. BAUR FARMS, INC.

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 […]


On the Fence: Iowa Fence Requirements

“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: […]


Iowa’s Highest Court: Not So Fast as to Plaintiff’s Claimed Attorney Fees

October 11, 2016

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 […]


Kuehner Wins Defense Verdict

September 16, 2016

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 […]


Thole Successfully Defends Insurer in Declaratory Judgment Action

September 12, 2016

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 […]


Court Rules Company’s Pricing and Financing Terms are Trade Secret and Protected From Disclosure

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 […]


Biomechanical Engineer is Qualified to Give Opinion on Causation of Shoulder Injury

Plaintiff James Walton appealed the district court’s ruling allowing expert testimony at trial. Walton sued defendant Sean Prunchack for damages arising out of a rear-end car accident. Walton alleged Prunchack was negligent in the operation of his motor vehicle, causing personal injuries to Walton. After the accident, Walton sought medical treatment for wrist and neck […]


Aden Obtains Defense Verdict in Negligence Case

August 19, 2016

During the week of August 15, 2016, Allyson Aden obtained a defense verdict in favor of a local business in Fort Madison, Iowa.  The Plaintiffs alleged Sears Hometown Store negligently installed a refrigerator inside the Plaintiffs’ home, causing water damage to the property. Sears Hometown Store, represented by Aden, denied  Plaintiffs’ allegations and argued the […]


Court Holds Tentative Construction Proposal is Not an Enforceable Contract

August 10, 2016

In October 2012, Plaintiffs Brian and Tracy Liphardt hired Defendant Scott Shaw to renovate their home. The Liphardts communicated with Shaw, their friend and distant relative, about their desire to convert their garage and add improvements to their home. Shaw provided the Liphards with a document entitled “Remodel and garage addition,” which contained Shaw’s contact […]