Practice Area: Appellate

Group Home Providing Caretaking Services did not Owe Duty to Child Harmed by one of its Residents

December 27, 2019

Defendant DAC, Inc. operates a group home that provides home and community based services for disabled persons. On March 25, 2015, a resident of the home with intellectual disabilities and a history of sexual abuse and physical aggression left Defendant’s property without the staff’s knowledge or permission. While missing from the home, the resident approached […]


Iowa Court of Appeals Affirms Dismissal of Gross Negligence Claim

Defendant Jeffrey Clark worked for Apartments Downtown, a property-management business owned by his parents. While he did not have a formal title, Defendant’s duties included assigning workers to complete construction tasks. In April 2014, Defendant tasked Bronson Ganka and two other workers with drilling vent holes in the front of a building. The workers had […]


Iowa Court of Appeals Overturns Recovery of Emotional Distress Damages in Legal Malpractice Action

In 2013, Plaintiffs Rachel and Heidi McFarland hired Defendant Jason Rieper to represent them in adopting a child. On December 30, 2013, two days after the child’s birth, the birth mother signed an authorization to discharge the baby to Defendant, who then left the hospital and delivered the baby to the Plaintiffs. Prior to the […]


Court Affirms Order to Reimburse cost of Independent Medical Exam in Review-Reopening Petition

September 27, 2019

The Iowa Court of Appeals held that an employee is entitled to reimbursement of an independent medical exam under Iowa Code section 85.39 in a review-reopening petition. An employee suffered a workplace injury in 2013 and filed a petition seeking benefits. During that proceeding an IME was performed and the employee was placed at MMI […]


Iowa Supreme Court Refuses to Modify Standard for Pretextual Vehicle Stops

August 26, 2019

On October 17, 2015, Officer Justin Brandt observed a black Lincoln Navigator at 12:30am in the City of Waterloo.  Officer Brandt observed the driver accelerate at a yellow light and pass to the left of a moving vehicle before veering across the centerline.  Officer Brandy also observed the driver’s license plate light not properly functioning.  […]


Iowa Supreme Court Holds State Trooper’s Administrative Action Not Exclusive Remedy

Larry Hedlund began working as an Iowa State Patrol Trooper with the Iowa Department of Public Safety in 1988.  He was promoted in 2010 to special agent in charge (SAC).  Starting in January 2013, Hedlund began circulating emails critical of his supervisors.  During June of 2013, an internal investigation was conducted on Hedlund.  The investigation […]


Hall and Erickson Succeed at Court of Appeals

June 25, 2019

In 1997, Plaintiff purchased an automobile insurance policy from client Liberty Mutual Insurance Company. At that time, plaintiff made the decision not to purchase underinsurance coverage. Subsequent to purchasing the policy, plaintiff was involved in an auto accident. After settling with the tortfeasor, plaintiff sought underinsured benefits from Liberty pursuant to Iowa Code section 516A.1, […]


Iowa Supreme Court Rules Third-Party Administrators Cannot Be Liable for Bad Faith Cause of Action

In a case pending in the United States District Court for Northern District of Iowa, the Iowa Supreme Court answered a certified question by federal district court Judge Mark Bennett regarding whether a Third-Party Administrator for workers’ compensation insurance carriers may not be held liable for bad faith causes of action brought by workers’ compensation […]


Iowa Supreme Court Holds Insurance Carriers Immune to Liability for Inspections

Six current or former employees of TPI Iowa, LLC, a wind blade manufacturing company located in Newton, Iowa, sued TPI’s workers’ compensation carrier, Insurance Company of the State of Pennsylvania (ICSOP), for failing to conduct, or negligently conducting, an insurance inspection at the company’s facility, which caused serious health problems. ICSOP resisted the Plaintiffs’ claims, […]


Court of Appeals Decision Reminds Bailees That They Have a Duty to Care for Bailors’ Property While it is in Their Possession

April 29, 2019

Plaintiff and Defendant were business associates, who had an oral agreement regarding a salvage yard business. Plaintiff locked Defendant out of the business and filed suit for breach of an oral contract. Plaintiff also obtained a temporary injunction that prevented Defendant from returning to the business property, where many of Defendant’s tools, equipment, and inventory […]