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Case Law Updates – Iowa: August 2014

Case Law Updates – Iowa: August 2014

Iowa Procedure: Donnell v. American Family Mutual Insurance Co., Iowa App., No. a-13-0672 (March 12, 2014) Issue: Whether a one-year limitations provision provided in an insurance contract conforms with and is enforceable under Iowa law. Facts: Sixteen...

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Case Law Updates – Iowa: August 2013

Case Law Updates – Iowa: August 2013

Iowa Procedure: Caldwell v. Holiday Lake Owners’ Association, Inc., No. 3-485 (Iowa Ct. App. 2013) Issue: Whether a defendant can join a party as a third-party defendant for purposes of contribution after the statute of limitations has run on Plaintiff’s...

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Case Law Updates – Iowa: May 2013

Case Law Updates – Iowa: May 2013

Contract: Team Two, Inc. v. City of Des Moines, Iowa, No. 3-194 (Iowa Crt. App. 2013) Issues: Whether the Court erred in not requiring the jury to show whether it based its verdict on a breach of a specific contract term or a breach of an implied covenant....

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Case Law Updates – Iowa: April 2013

Case Law Updates – Iowa: April 2013

Personal Jurisdiction: Shams v. Hassan, No. 12-0036 (Iowa 2013) Issue: Whether the exercise of personal jurisdiction over a nonresident defendant to a lawsuit filed in Iowa that alleged misappropriated funds from an Iowa bank account violates the Due...

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Case Law Updates – Iowa: March 2013

Case Law Updates – Iowa: March 2013

Evidence: Putnam v. Kalber, Case No. 2-1166 (Iowa Ct. App. 2013). Issues: Whether the trial court erred by excluding evidence of the plaintiff’s ingestion of THC (i.e. marijuana). Facts: Plaintiff, Luke Putnam, filed a lawsuit against the defendant for...

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Case Law Updates – Iowa: December 2012

Case Law Updates – Iowa: December 2012

Sexual Harassment: Nelson v. James H. Knight DDS, P.C., 11-1857 (Iowa 2012) Issue: Whether termination of a female employee because the employer’s wife, due to no fault of the employee, is concerned about the nature of the relationship between the employer...

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Case Law Updates – Iowa: October 2012

Case Law Updates – Iowa: October 2012

Uninsured Motorist: Moad v. Libby and Dakota Truck Underwriters, No. 2-721/12-0126 (Iowa Ct.App. 2012) Issue: Under Iowa law, can a workers’ compensation lien be asserted against an employer’s uninsured motorist policy? Facts: Douglas Moad, an...

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Case Law Updates – Nebraska: January 2013

Case Law Updates – Nebraska: January 2013

Nebraska Procedure: Estate of Donna Mae Hansen v. Donald L. Bergmeier Issue: Whether service upon discharged personal representative of closed estate was timely and proper in negligence action against estate’s decedent. Facts: Plaintiff filed suit against...

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Case Law Updates – Nebraska: November 2012

Case Law Updates – Nebraska: November 2012

Subrogation: Bacon v. DBI/SALA, 284 Neb. 579 (2012) Issues: (1) can an employer assert subrogation rights against a third party pursuant to § 48-118 in a case where the employer is a party but they did not initiate the action; (2) does the parent company...

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