Practice Area: Appellate

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 […]

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 […]

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

September 12, 2016

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 […]