Cases
Significant Cases: Deere & Company, Moline, Illinois.Iowa counsel for defense of product liability cases involving farm
industrial equipment
recrea-tional vehicles manufactured by Deere. Cases including: Burke v. Deere & Company , retained as appellate counsel to seek reversal in Eighth Circuit Court of Appeals of $50-million product liability punitive damage award, obtained reversal of both punitive
compensatory damage award
Burke v. Deere & Company , 6 F.3d 497 (8th Cir. 1993)
Hein v. Deere & Company (N.D. Iowa), combine accident involving arm amputation
Cummings v. Deere & Company , Case No. 4:06-cv-00516 (S.D. Iowa Feb. 2008), granting summary judgment to Deere in commercial fire case.
Terry Branstad, Governor of the State of Iowa. : Retained (2011) by Governor Branstad to defend the Governor, State of Iowa, in defense of litigation challenging the constitutionality of certain item vetoes exercised by the Governor on an appropriations bill. Danny Homan, William A. Dotzler, Jr., Bruce Hunter, David Jacoby, Kristin Running-Marquardt
Daryle Beall v. Terry E. Branstad, Governor of the State of Iowa , 812 N.W.2d 623 (Iowa 2012).
Retained (2011) by Governor Branstad to defend the Governor, State of Iowa, the State Board of Regents,
other state officials in defense of litigation challenging the constitutionality of Executive Orders issued by the Governor, brought by organized labor groups
legislators of the opposition party. Summary Judgment granted to Governor
all Defendants. Central Iowa Building
Construction Trades Council, AFL-CIO
Cedar Rapids/Iowa City Building Trades Council, AFL-CIO
Scott Smith
William Gerhard, v. Terry E. Branstad, Governor State of Iowa in his official capacity as Governor of the State of Iowa
State of Iowa
Mike Carroll in his official capacity as Director of Iowa Department of Administrative Services
Iowa Department of Administrative Services
David W. Miles, Jack B. Evans, Bonnie J. Campbell, Robert N. Downer, Michael G. Gartner, Ruth R. Harkin, Greta A. Johnson, Craig A. Lang And Rose A. Vasquez in their official capacities as members of The Board of Regents
Board of Regents, State of Iowa, Case No. 4:11-cv-00202 (S.D. Iowa) (Jarvey, J.).
Bruce Rastetter, Chairman, Iowa State Board of Regents. Retained (2012) to defend Chairman of State Board of Regents against conflict of interest charges brought by consumer activist organization, successfully obtained dismissal of charges after contested administrative hearing before State Ethics Board (August 23, 2012).
Iowa State Legislature.: Retained in 2003 as counsel to represent Iowa General Assembly majority leaders in constitutional challenge to line-item vetoes exercised by Governor as to major economic development/tort reform legislation
item vetoes held unconstitutional by unanimous Iowa Supreme Court. Rants et al. v. Vilsack , 684 N.W. 2d 193 (Iowa 2004).
Retained in 2006 as Special Counsel to Joint Committee on Government Oversight in investigation of government employee salary sc
al ( In Re: CIETC
IWD Investigation ).
Retained in 2005 to file Intervention on behalf of House
Senate Majority Leaders to defend statute in a case that challenged the constitutionality of an Iowa statute under the single subject provision of the Iowa Constitution
raised st
ing argument as to Plaintiff. District Court dismissed case based on st
ing argument, Gertrude K. Godfrey v. State of Iowa et al. , Equity No. CV5396 (Polk Cnty. Dist. Ct. July 2005), affirmed by Gertrude K. Godfrey v. State of Iowa , 752 N.W.2d 413 (Iowa 2008).
Bell Helicopter, Division of Textron, Dallas, Texas. Defense of Bell subsidiaries in fatality helicopter crash occurring during Iowa filming of Hollywood movie The Final Season (summary judgment granted, May, 2009). Schlotzhauer v. Aeronautical Accessories, Inc. et al. (Polk Cnty. Dist. Ct.).
Aventis Pharma f/k/a Rhone-Poulenc Rorer/Armour Pharmaceutical Company . Iowa counsel for defense of hemophiliac/AIDS/blood factor cases filed in Iowa, related to nation-wide federal multi-district blood factor medicine litiga-tion. Lead counsel for all Defendants in arguing summary judgment motions. Doe ex rel. Doe v. Baxter Health Care Corp., et al. , 178 F. Supp. 2d 1003 (S.D Iowa 2001)
Order (S.D. Iowa June 3, 2003) (granting summary judgment on all counts), affirmed by 380 F.3d 399 (8th Cir. 2004) (argued case in 8th Circuit Court of Appeals on behalf of all defendants).
Pfizer Pharmaceuticals, successor-in-interest to Wyeth, Inc., New York, New York. Retained as Iowa counsel in defense of suicide allegedly caused by ingestion of generic version of br
ed pharmaceutical manufactured by Wyeth
summary judgment granted in District Court, Huck v. Trimark Physicians Group, et al. , LACV 18947 (Sac Cnty. Dist. Ct.), affirmed by No. 12-0596 (Iowa Ct. App. April 24, 2013), affirmed on further review by Huck v. Wyeth, Inc. , 850 N.W.2d 353 (Iowa 2014).
Aventis Crop Science USA . Retained as Iowa counsel for defense of StarLink corn class action litigation filed in Iowa,
included within multi-district litigation proceeding in Chicago. In Re: StarLink Corn, Kramer et al. v. Aventis Crop Science et al. (S.D. Iowa)
Sutter v. Aventis , 145 F. Supp. 2d 1050 (S.D. Iowa 2002), resolved by multi-district settlements (April 2003).
Robinson Fans, Inc., Pittsburgh, Pennsylvania. Defense of world-wide manufacturer of industrial fans in case alleging design defects in large induced draft fans installed for operation of coal fired boilers, involving explosion
alleged multi-million dollar property damage/business interruption loss at Archer Daniels Midl
co-generation plant
trial in United States District Court, Southern District of Iowa, defense judgment. Archer Daniels Midl
Company v. Robinson Fans, Inc. , Case No. 3:10-cv-100 (S.D. Iowa Feb. 8, 2013).
Hyundai Motor Company . Defense of case alleging defective airbag, obtained decision of Iowa Supreme Court adopting Restatement (Third) of Torts: Products Liability 16
17 position on crashworthiness
comparative fault. Jahn v. Hyundai Motor America , 773 N.W.2d 550 (Iowa 2009).
Cooper Tire & Rubber Company, Findlay, Ohio. Appointed lead counsel to h
le all post-trial proceedings
appeal from $34 million adverse verdict against Cooper. Toe v. Cooper Tire
Rubber Company , 834 N.W.2d 82 (Table), 2013 WL 1749739 (Iowa Ct. App. April 24, 2013).
Lamplight Farms Incorporated
W. C. Bradley, Inc. Defense of world's leading manufacturer of torch fuel products in defense of fatality case alleging ingestion of torch fuel by minor. Wells v. Lamplight Farms Incorporated, et al. , Case No. 5:13-cv-04070 (N.D. Iowa).
Purdue Pharma, Stamford, Connecticut. Retained (2004) to defend Purdue in all Iowa OxyContin litigation, including Griffith v. Purdue Pharma, et al. (S.D. Iowa 2007).
Eli Lilly & Company. Iowa counsel for Eli Lilly in all Zyprexa litigation, including O'Hara v. Eli Lilly & Co.
Dickerson v. Eli Lilly & Co.
Dau v. Eli Lilly & Co. , (S.D. Iowa)
Iowa AWP/WAL litigation.
Glaxosmithkline, Philadelphia, Pennsylvania. Iowa counsel for Glaxosmithkline in all Paxil litigation, including Goodwin, et al., v. Glaxosmithkline (S.D. Iowa)
Lyman et al. v. Glaxosmithkline (N.D. Iowa), resolved by MDL settlements.
Tyson Foods, Inc., Springdale, Arkansas. Retained (2010) as Iowa counsel
trial co-counsel in class action alleging wage, hour,
labor violations. Sharp et al. v. Tyson Foods , Inc., Case No. 5:07-cv-04009 (N.D. Iowa).
Praxair, Inc. Defense of oxygen cylinder explosion case. Banghart v. Praxair (S.D. Iowa).
O.F. Mossberg Sons, Inc. Defense of manufacturer of firearms in fatality hunting accident case. Summary judgment granted
affirmed in Eighth Circuit Court of Appeals decision upholding constitutionality of Iowa's statute of repose pertaining to products. Estate of Branson v. O.F. Mossberg, Inc. , 221 F.3d 1064 (8th Cir. 2000).
General Electric
Electric Insurance, Beverly, Massa-chusetts. Iowa counsel for defense of asbestos
other product liability litigation for GE, including Harder v. AC&S, Inc. et al, including General Electric Company , 179 F.3d 609 (8th Cir. 1999), asbestos claims involving steam turbines in power plant
summary judgment granted in Eighth Circuit Court of Appeals reversing district court.
Greenstreak, Inc., St. Louis, Missouri. Defense of manufacturer of sealant for concrete floor joists in million dollar municipal swimming pool which suffered severe cracking
damage, obtained voluntary dismissal of client at conclusion of discovery.
BP America f/k/a BP Amoco, Chicago, Illinois. Defense of pipeline gas explosion/fatality cases (2000-2001)
Iowa counsel for defense of all Iowa asbestos litigation including cases against BP predecessor subsidiary Industrial Holdings Corp. f/k/a Carborundum Co.
Orkin Exterminating, Inc. Defense of toxic tort/chemical exposure case involving pesticides
defense verdict. VanEgdom v. Orkin (Dickinson Cnty. Dist. Ct. October 1999).
Electrolux North America. Defense of products liability
patent infringement cases in Iowa, including Taylor v. Electrolux North America (Hamilton Cnty. Dist. Ct.)
Maytag Corp. v. Electrolux Home Products, Inc. , 448 F. Supp. 2d 1034 (N.D. Iowa 2006), affirmed by 224 F. App'x 972 (Fed. Cir. 2007).
Hussmann Corporation, St. Louis, Missouri, subsidiary of Whitman Corp.
Pepsi-Cola General Bottlers, Chicago, Illinois. Defense of commercial refrigeration manufacturer in product liability case, summary judgment granted, affirmed by Giles v. Miners, Inc., et al. , 242 F.3d 810 (8th Cir. 2001).
Hillenbr
Industries d/b/a Hill-Rom. Defense of nation's largest manufacturer of hospital beds in catastrophic injury case. Nemecheck v. Mercy Hospital
Hill-Rom (Polk Cnty. Dist. Ct. 2002).
Apple Computer, Inc. Defense of toxic tort claim arising from exposure to computer toner. (S.D. Iowa 2003).
B
ag, Inc., Muscatine, Iowa. Defense of tire mounting explosion accident cases, including Leaf v. Goodyear Tire-Rubber Co., et al., includ-ing B
ag (Boone Cnty. Dist. Ct. June 1996), obtained voluntary dismissal by plain-tiffs at close of discovery
Morris v. B
ag, et al. , (Des Moines Cnty. Dist. Ct. Sept. 2000), motion for summary judgment granted.
National Presto Industries, Eau Claire, Wisconsin. Defense of household appliances, including Nassif v. National Presto Industries , 731 F. Supp. 1422 (S.D. Iowa Jan. 1990), burn injuries from portable space heater leading to double amputation of legs, summary judgment granted.
United States Surgical Corp., Norwalk, Connecticut. Defense of subsidiary of U. S. Surgical regarding allegedly defective surgical instrument (Carroll Cnty. Dist. Ct. 1998).
Additional Cases: Wright v. Brooke Group, Ltd. , 652 N.W.2d 159 (Iowa 2002), co-author of amicus curiae brief for Iowa Defense Counsel Association/Defense Research Institute in case adopting Restatement Third (Torts) for design defect liability.
Lovick v. Wil-Rich, a division of the TIC United Corp., 588 N.W.2d 688 (Iowa 1999), retained as co-appellate counsel on behalf of TIC
case adopted limitations on post-sale duty to warn under Restatement Third.
Ganske v. Spahn & Rose Lumber Co., including Deere & Company , 580 N.W.2d 812 (Iowa 1998), affirming summary judgment in asbestos claim
upholding Iowa repose period concerning toxic injury claims.
Pierce v. Nelson , 509 N.W.2d 471 (Iowa 1993), a micus curiae brief on behalf of Iowa Medical Society in case establishing guidelines for award of medical expert witness fees in Iowa.
Sutter v. Aventis , 145 F. Supp. 2d 1050 (S.D. Iowa 2002), rejecting plaintiff's efforts to rem
StarLink corn class action based on purposely pleading vague amount in controversy.
Daugherty v. Ankeny Const. Co. Inc. , 433 N.W.2d 747 (Iowa 1988), construing indemnification rights under construction contracts.
Mulchahy v. Eli Lilly , 386 N.W.2d 67 (Iowa 1986), seminal Iowa decision requiring proof of product identification
rejecting market share liability.
Ennen v. Public Service Mutual Insurance Company , 774 F.2d 321 (8th Cir.1985), reversal of punitive damage verdict concerning bad faith insurance claim involving death of Arabian show horse.
DeShane v. Deere & Company , 726 F.2d 443, aff'd by 747 F.2d 1194 (8th Cir.1984), dismissing attempted products liability action filed in Iowa by Canadian resident involving Canadian accident on forum non conveniens grounds.
Thompson v. Stearns Chemical Co. , 345 N.W.2d 131 (Iowa 1984), decision establishing Iowa law concerning contribution rights vis-a-vis employers under comparative fault.
