News

Iowa Supreme Court Expands Protections for Confined Animal Feeding Operations

August 2, 2022

Plaintiff Gordon Garrison owned and lived on 300 acres of farmland in northern Iowa. In 2015, Defendants New Fashion Pork and BWT Holdings began operating a confined animal feeding operation (CAFO) approximately a half mile away from Plaintiff’s property. Plaintiff alleged that his property began experiencing consistent bad odors and manure drainage, both produced by […]


Tansha Akogyeram Secures Dismissal in Underinsured Motorist Case

Tansha Akogyeram secured the dismissal of an underinsured motorist (UIM) action against Safeco Insurance Company of Illinois (“Safeco”) in June. The UIM action resulted from a 2019 hit-and-run accident in Des Moines while the Plaintiff was a passenger in a rideshare vehicle. Plaintiff filed suit against the rideshare company’s insurer and Safeco for UIM benefits. […]


Iowa Supreme Court Finds Easement Not Dedicated to City

July 5, 2022

William McNaughton entered into an easement agreement with Jeanine and Stanley Chartier allowing a small part of a road to pass through his property. The road was used to access the Chartiers’ business on their property located adjacent to McNaughton’s. The agreement provided that it was a “’private’ easement granted for the use and benefit […]


Iowa Supreme Court Decision Allows Subcontractors More Time To Post Commencement of Work Notice

Iowa Code Chapter 572 governs mechanics’ liens. In accordance with Section 572.13A, a general contractor or owner-builder is required to post a commencement of work notice to the Mechanic’s Notice and Lien Registry (MLNR) website within ten days of starting work on a residential construction project. If the general contractor or owner-builder fails to post […]


Andy Hall and Ben Erickson Obtain Favorable Ruling from Iowa Supreme Court

On June 10, 2022, the Iowa Supreme Court determined that Andy Hall and Ben Erickson’s client, Liberty Mutual, was not required to reimburse Plaintiff, another insurer, for workers’ compensation benefits totaling over $250,000. The case arose after Plaintiff paid workers’ compensation benefits and later determined it was not the employer’s insurer on the date of […]


IOWA COURT OF APPEALS UPHOLDS SUMMARY JUDGMENT BASED UPON UNTIMELY EXPERT DESIGNATION

June 15, 2022

In July 2019, Plaintiffs filed suit against Defendant alleging medical malpractice in the treatment and care of one of the Plaintiffs. The Trial Scheduling and Discovery Plan entered in the case provided that Plaintiffs would designate their expert witnesses by July 7, 2020. However, Plaintiffs failed to do so. On October 6, Defendant filed a […]


IOWA SUPREME COURT INTERPRETS THE TERM “COMMUNITY” UNDER THE IOWA MOTOR VEHICLE FRANCHISER’S ACT

Peterbilt Motors Company (“Peterbilt”), a truck manufacturer, distributes its products through a network of dealership groups, including Sioux City Truck Sales (“SCTS”). Under Peterbilt and SCTS’s dealer agreement, Peterbilt is the franchiser and SCTS is the franchisee. In 2010, Peterbilt developed a new engine that it believed would require additional service locations. Peterbilt recommended SCTS […]


GREFE & SIDNEY PARTICIPATES IN ANNUAL POLK COUNTY BAR ASSOCIATION BENCH & BAR GOLF TOURNAMENT

On June 3, Ben Erickson, Stella-Maris Strohman, Sam McMichael and Zach Hufferd represented the law firm at the annual Polk County Bar Association Bench & Bar Golf Tournament. The tournament benefits the Polk County Bar Association Volunteers Lawyer Project, which provides essential legal services to qualified lower incomes residents of Polk County. In 2021, the […]


IOWA SUPREME COURT FINDS MEDICAL NEGLIGENCE SUIT PROPERLY DISMISSED FOR FAILURE TO FILE CERTIFICATE OF MERIT

May 17, 2022

The plaintiff was hospitalized to treat her prolonged dizziness. While medicated, she stood up and fell in her hospital room, suffering injuries. She sued the hospital, several physicians, and other healthcare providers involved in her treatment, alleging their “professional negligence” caused her injuries. The defendants filed a motion to dismiss on the grounds that the […]


IOWA SUPREME COURT HOLDS “DIRECT PHYSICAL LOSS OF OR DAMAGE TO PROPERTY” LANGUAGE IN A COMMERCIAL PROPERTY INSURANCE POLICY REQUIRES A PHYSICAL ASPECT TO THE LOSS

In March 2020, Governor Reynolds issued a proclamation closing all bars and restaurants from dine-in or in-person services in response to the COVID-19 pandemic. In compliance with the proclamation, both Jesse’s Embers (Des Moines bar and restaurant) and Wakonda Club (Des Moines country club) closed down. Both businesses had commercial property insurance with similar language […]