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Trial – Defense Verdict
Karen Bailey and Paige Hall - Shelby County, IA Lawsuit involved an accidental house fire, where plaintiff (landlord) claimed defendant (tenant) was responsible for causing the fire by either improper disposal of cigarettes or improper use of candles. Plaintiff sold...
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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
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
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
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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