Practice Area: Appellate

Abject Fraud does not Negate Forum Selection Clause

February 6, 2020

Roy Karon is an Iowa resident and the sole member of Peddler, LLC, a company that leases aircraft so personnel can travel the United States and Canada to provide training to financial institutions.  Elliot Aviation, the Elliot Defendants, were engaged in aircraft sales with Karon and Peddler LLC. Following contractual dispute and allegations of fraud, […]


Court Deems Dram Notice Need Not Name Liquor License Holder

Hollingshead claims he was injured during an incident at Misfits, a bar in Des Moines.  Following this alleged injury, Hollingshead’s counsel sent notice pursuant to § 123.93 to Founders Insurance Company.  The Notice named the holder of the liquor license as “Leonard LLC D/B/A Misfits.”  The liquor license holder was DC Misfits, LLC, not Leonard […]


Thomas secures Defense Verdict in Products Liability Claim

The Iowa Court of Appeals affirmed the jury’s dismissal of a lawsuit filed against Grefe & Sidney’s client, PGI International, and others in the Boone County District Court, Nationwide Agribusiness Insurance Company, as Subrogee of Farmers Cooperative Company v. Parker Hannifin Corporation, Squibb-Taylor Inc., Dalton Ag Products, Inc. and CNH Corp., a/k/a CNH America, LLC […]


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, […]