Plaintiff, Krystal Wagner, individually and as the administrator of her son’s estate, filed suit against the State of Iowa and a Department of Natural Resources (DNR) officer. Wagner’s son, who was nineteen years old and suicidal, was shot and killed by a DNR officer during an armed standoff. Wagner filed suit in federal court, asserting […]
Iowa courts resumed jury trials on February 1, 2021, with social distance, face covering, and other safety precautions in place to keep jurors, judges, attorneys, and other trial participants socially distant and compliant with state and federal guidelines. Jury trials were postponed when the Iowa Supreme Court issued an Order on November 10, 2020, suspending […]
In June 2018, Plaintiff Jeffrey Simmermaker filed an action pursuant to 18 U.S.C. § 1983, against Jeffrey Renander individually and in his official capacity as the Cedar County Attorney, asserting malicious prosecution, false imprisonment, defamation of character, and violations of Simmermaker’s constitutional rights. In short, Plaintiff claimed that Renander had violated his constitutional rights “by […]
Plaintiff, Benskin, Inc. entered into a written loan agreement with West Bank to borrow money. On May 18, 2018, Benskin sued West Bank in a three-count petition alleging breach of (I) the 2007 contracts, (II) the 2006 promissory note, and (III) the implied duties of good faith and fair dealing. West Bank filed a motion […]
In a November 10, 2020 order, the Iowa Supreme Court postponed all jury trials until February 1, 2021. In rescheduling jury trials, the court will use the case priorities in a supervisory order issued on July 9, 2020. According to that supervisory order, the following matters will be given priority: emergency matters, criminal cases, Chapter […]
In a jury trial, Clark Mitchell obtained a defense verdict on behalf of his client Defendant Huckleberry Entertainment, LLC. The Des Moines County jury found in favor of Huckleberry Entertainment by denying the Plaintiff Kimberly Ransdell from recovering for injuries she sustained while operating a go-kart. Ransdell moved for a new trial arguing irregularity in […]
After years of litigation, including a trip to the Court of Appeals and back, and a two-week trial, the Court of Appeals affirmed the jury’s decision in Nationwide Agribusiness v. PGI, et al. to dismiss the claims against all defendants. The lawsuit originated with the tragic death of a Boone County farmer who was overcome […]
On August 30, 2015, Kathryn Breese and her nine-year-old daughter were riding their bicycles through Dankwardt Park in Burlington, Iowa. While inadvertently riding on a sewer box that was connected to a public pathway, Breese struck a tree and lost control of her bicycle, falling ten feet to the ground, resulting in injuries. Plaintiffs alleged […]
Following a Board of Medicine investigation into an emergency room physician after the death of a patient in his care, the physician voluntarily ceased practicing medicine. The Board closed its investigation without a finding of probable cause that the physician had violated any rule or standard of practice, which is a prerequisite to imposing discipline. […]
Plaintiff, Toby Thornton, sustained injuries while operating a work vehicle. There was no dispute the injury occurred during the course of his employment. However, during the course of workers’ Compensation benefits, the insurer, American Interstate, challenged Thornton’s claim for PTD benefits. Thornton filed a Petition alleging bad faith on the part of American Interstate. The […]
