Practice Area: Appellate

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 […]


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

March 29, 2019

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 […]


SCOTUS to Issue a Decision Soon in Important First Amendment Case

June 6, 2017

A major First Amendment case is pending before the United States Supreme Court, Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577.  A daycare operated by and in Trinity Lutheran Church in Columbia, Missouri, applied for a grant from the state Department of Natural Resources to help resurface the daycare’s playground.  The grant was […]


Zenor and Van Waardhuizen Succeed at Court of Appeals

On February 27, 2015, the vehicle Rhonda Banwart was driving was impacted from the rear by a woman, who had recently been a patron at Draught House 50 in West Des Moines.  Banwart sued the woman who rear-ended her and Draught House 50 under Iowa’s dram shop act, for allegedly overserving the woman.  Adam Zenor […]