Cases
Significant Cases: Commercial: American Airlines/University Travel Services, Inc. Defended airline against claim by travel agent alleging breach of contract.
Auxi Health/Horras . Compelled arbitration of employment dispute.
Burlington Northern/Hubinger . Represented railroad in arbitration claim for indemnification arising from personal injury to railroad employee on industry siding.
Central Iowa Cooperative/Bell . Defended claim of improper termination of agricultural services agreement.
Chubb/FDCPA Claims . Defended debt collectors against claims arising under the Federal Unfair Debt Collection Practices Act
related common law claims.
Deere Credit Services, Inc./DataScan . Arbitration claim arising out of a breach of software development agreement for wholesale credit system
obtained favorable settlement.
Deere Credit Services, Inc./EPX . Arbitration claim arising out of a breach of software development agreement for point-of-sale system
obtained favorable settlement.
Deere Credit Services, Inc./Smokey Mountain Homes . Defended arbitration claim arising from alleged wrongful termination of floor plan financing agreement.
Grip-Tite/Dry-Basement, Inc. Defended licensor against claims of improper termination of license agreement.
J. Photo WD/brightroom . Defended claims for overpayment by internet-based photo fulfillment company against commercial photography business.
John Deere, Inc./Plastech . Defended multimillion dollar claim for breach of parts supply agreement.
Main Street LLC v. Seventh Inning Stretch, LLC . Obtained adjustment to the purchase price for a minor league baseball team pursuant to the terms of an asset purchase agreement.
Norwest Financial/Corporate Recruiters . Defended against claim for a recruiting fee.
Renewable Energy Group/Iowa Renewable Energy . Defended claims of breach of management agreement involving biodiesel production facility.
Ritchie Bros./IronPlanet . Defended auction company against claims of improper interference with auction listing agreement.
Construction: Baker Mechanical/Meskwaki Casino . Defended claims of leaking underground piping.
Geise Construction/Jensen Builders . Defended claim arising out of failed concrete floor in manufacturing facility.
Grinnell University/Washe Interiors . Defended claim of subcontractor for overages due to change orders.
Hawkeye FoodService, Inc./WebberSmith . Brought
recovered cost to repair defective design
construction of large wholesale refrigerated warehouse.
Richard Meier/Des Moines Art Center . Defended internationally known architect against claim in arbitration for negligent architectural services.
Vincent Metals/CNA Insurance . Represented subcontractor on claim against bond provided for the construction of a public improvement.
Financial Services: Anderson/First Albany . Represented claimant in arbitration claim pursuant to NASD rules arising from untimely transfer of securities account,
recovered losses.
Aviva USA . Represented annuity company in many actions alleging unsuitability
other claims arising from sale of annuities.
Equitable Life Insurance/Kloer . Defended claim for improper failure to pay life insurance benefits based upon misrepresentations in insurance application.
First Interstate Bank of Cresco/Knudson . Assisted in defense of bank against claims based upon RICO, extortion
abuse of process, resulting in judgment on RICO claims.
Nationwide Bank/Halman Construction . Defended claim brought by construction company that bank improperly withdrew loan commitment
failed to fund construction.
New Engl
Financial Group/Imus . Defended claims arising out of sale of annuities
variable life policies alleging unsuitability, improper advice
fraud.
Rossi/Heartl
Investments . Represented claimant in NASD arbitration claim alleging unsuitable investments
obtained six-figure arbitration award.
U.S.G./Florey . Defended claim of insurance agent fraud
churning.
Health Care: Wellmark/Thomas . Local counsel with respect to class action by providers relating to claims adjudication
payment methods.
Wellmark/Iowa Health System . Assisted in defense of claim of breach of provider agreement brought by major Iowa health care system against largest health insurer.
Wellmark/Magellan . Defended claim for benefits by ERISA plan pursuant to coordination of benefits provision.
Wellmark/ProAmerica . Defended
obtained dismissal of claims arising out of asset purchase agreement
collected fees due pursuant to third party administrator agreement.
Wellmark/Shermanchoice . Assisted in defense of claims arising out of effort to establish HMO.
Wellmark/Tuel . Defended ERISA claim for benefits by ineligible plan member.
Wellmark/Mueller . Defended antitrust claims by class of chiropractors.
Insurance Defense: American International Group/Various . Defended insured against various claims, including claims for bodily injury arising out of accidents, insurance bad faith
products liability.
American States Insurance Company/Various . Defended insured against various claims, including claims for bodily injury arising out of accidents, insurance bad faith
products liability.
IWCPA/Mendenhall . Defended adjuster
third-party administrator against claims of bad faith failure to pay workers' compensation benefits.
Jensen Golf, LC d/b/a The Harvestor/General Casualty Ins. Co. Represented insured in claim against agent
insurer arising from wind storm damage to nationally-ranked golf course.
Lexington Insurance/Beach Girls . Defended dram shop in claims pursuant to state statute.
Lexington Insurance/Douglas Carr, et al. Defended dram shop in action pursuant to state statute,
obtained dismissal on summary judgment based upon complicity.
Pharmacists Mutual Company/Various . Defended insured pharmacists of large specialty insurer against claims of malpractice, state licensure disciplinary proceedings,
related claims.
Nuisance: Chamness Technology, Inc./Arnold . Defended claims of nuisance arising out of operation of compost facility.
Climax Molybdenum/Boley, et al. Responsible for defense
management of litigation brought by 40 plaintiffs alleging sulfur dioxide exposure.
Schildberg Construction Co., Inc./Rex, et al. Defended nuisance claim arising out of operation of quarry.
West Central Cooperative/Anderson . Defended claims of over 150 plaintiffs of toxic exposure to plant emissions.
Products Liability: ABTCo/Various . Assisted in defense of claims of defective hardboard siding.
BP Amoco/Asbestos claims . Defended claims of asbestos exposure arising out of use of grinding wheels.
Clopay Building Products, Inc./Soper . Defended overhead door manufacturer against claim arising out of spinal injury.
Deere & Company, et al./Anderson, et al. Assisted in defense of 30 premises liability claims arising from alleged asbestos exposure.
Deere & Company, et al./Ganske . Assisted in defense of claim alleging cancer due to asbestos exposure. Iowa Supreme Court affirmed dismissal of plaintiff's claim against Deere on basis of exclusivity of workers' compensation.
Detroit Diesel/Clayton . Defended claim arising out of fire caused by alleged defective truck engine.
General Electric/Asbestos claims . Defended client against claims of asbestos exposure arising out of wire
cable products
turbines.
Kornhauser/Civic Center . Represented plaintiff who sustained permanent neurological damage due to fall from defective riser,
obtained favorable settlement.
PACCAR Inc a/k/a Peterbilt/City of Waterloo . Represented vehicle manufacturer in products liability claim arising from fire in automated garbage truck.
Pharmacists Mutual/Ranes . Defended pharmacy in matter alleging stroke due to ingestion of prescription drugs containing phenylpropanolamine (PPA),
obtained summary judgment under Daubert . Affirmed on appeal.
Robinson Fans/ADM . Defended manufacturer of large industrial fans against claims of product failure
business interruption.
Miscellaneous: AGRI Industries/Aspermont . Represented client in condemnation proceedings
obtained award of $1.5 million.
City of Clive/City of Waukee . Assisted in representation of City of Clive through six year effort to annex territory in Dallas County, Iowa, including appeal.
Iowa Newspaper Association/Various . Served as retained counsel for association to provide timely legal advice to Iowa newspapers on issues involving defamation, open records,
related issues.
Iowa Society of CPAs/Kemin . Counsel on appeal for amicus curiae on claim alleging accounting malpractice.
Kmart Corporation/Board of Pharmacy . Defended disciplinary action alleging retaliatory discharge of pharmacist.
Sedar Motors/Grimm . Assisted in defense of employer against claim of improper termination. Prepared successful summary judgment motion dismissing claim. Iowa Court of Appeals affirmed.
Toulouse/Nestle . Assisted in representing plaintiff in claim of sexual harassment
obtained favorable settlement.
