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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
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
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
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: November 2013
Set-Offs: Shawn T. Strasburg v. Union Pacific Railroad Company, 286 Neb. 743 (2013) Issue: Whether railroad employer was entitled to a set-off of the entire amount of the medical expenses claimed by FELA plaintiff as opposed to just a set-off for the...
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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
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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Case Law Updates – Nebraska: March 2013
Landlord / Tenant: Black v. Brooks, 285 Neb. 440 (2013) Issues: (1) What constitutes a sufficient demand of the return of a security deposit and (2) whether statutory attorney fees can be awarded when the tenant is represented by attorneys working pro...
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Case Law Updates – Nebraska: December 2013
Discovery: Pope-Gonzalez v. Husker Concrete, LLC, 21 Neb. App. 575 (2013) Issue: Whether a trial court abused its discretion in determining dismissal of an action was an appropriate discovery sanction based on the Plaintiff’s noncompliance with discovery...
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Case Law Updates – Nebraska: December 2012
Police Pursuits: Werner v. County of Platte, 284 Neb. 899 (2012) Issue: Whether trial court properly held passenger was an “innocent third party,” under Political Subdivision Tort Claims Act (“PSTCA”) to allow for recovery, as well as other issues on...
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