by Dana | May 2, 2018 | Case Law Updates
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 and the...
by Dana | May 2, 2018 | Case Law Updates
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 over-the-road trucker,...
by Dana | May 2, 2018 | Case Law Updates
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 amount actually...
by Dana | May 2, 2018 | Case Law Updates
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 discharged...
by Dana | May 2, 2018 | Case Law Updates
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 of an injured...
