Category Litigation

United States Supreme Court Issues Decision on Enforcement of Arbitration Clauses

The United States Supreme Court recently issued a decision significant to the enforcement of arbitration clauses in contracts. In a unanimous decision, the Court held in Morgan v. Sundance, Inc. that federal law does not contain a “prejudice requirement” in determining whether a party has waived its right to arbitration. The prejudice requirement... Read More

Iowa Court of Appeals Decision Serves as Cautionary Tale for Construction Contractors

  The Iowa Court of Appeals issued a decision this week that sent a strong message to construction contractors – ignore your contracts at your own risk.  Specifically, the Court stated, “Contracts mean what they say. Here, a party that failed to follow what a contract said in terms of the procedure to change the scope of the contract seeks to... Read More

BrownWinick Obtains Summary Judgment for Golf Course Client

BrownWinick attorneys Ben Merrill and James White recently obtained summary judgment on behalf of their clients WBC Golf Course, LLC ("WBC") and Mr. Curtis Wahlert, the golf course’s general manager. The case involved allegations that WBC and Mr. Wahlert were not operating the course in a manner consistent with “normal golf course operations,” in... Read More

Supreme Court Decides Cheerleader’s Snapchat Profanity is Protected Free Speech

The Supreme Court’s recent First Amendment decision leaves open questions for school districts regarding their ability to regulate their students’ off-campus online speech.  On June 23, 2021, the Supreme Court decided that Mahanoy Area High School could not discipline a student for her off-campus online speech criticizing her cheerleading squad.... Read More

BrownWinick Attorneys Named to 2022 Best Lawyers® List

BrownWinick is pleased to announce that 21 lawyers have been included in the 2022 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. BrownWinick would like to congratulate the following attorneys named to the 2022 The Best Lawyers... Read More

Attorney Brian Rickert Named to Super Lawyers’ “Top 10 List” of Iowa Lawyers

  BrownWinick is thrilled to congratulate attorney Brian Rickert for being named to Super Lawyers Top 10: 2021 Iowa Super Lawyers List for Iowa.  The “Top 10 List” is a listing of the lawyers in Iowa who received the highest point totals regardless of practice specialty and is based solely on peer recognition and professional achievement. Only the... Read More

Patent Litigation Team Secures Victory After Eight-Year Battle.

  The United States Supreme Court recently denied a petition for writ of certiorari filed by the opposing party in a patent infringement matter handled by BrownWinick Patent Litigation attorney Michael Dee. Effectively ending more than eight years of vexatious litigation against five BrownWinick clients. The plaintiff, GS CleanTech, filed suit... Read More

Court Grants Motion for Summary Judgment

BrownWinick attorneys Michael Dee and Megan Moritz recently succeeded on a motion asking the court to dismiss a lawsuit filed against its clients, a small floral business, and the business’s owner. The plaintiff, a former employee, sued in state court, making claims of sexual harassment and constructive discharge in violation of the Iowa Civil... Read More

Federal Court Finds No Standing in Three “Drive By” Discrimination Lawsuits

  In the course of one week in early August 2020, the Eighth Circuit Court of Appeals, which covers Iowa and other Midwestern states, struck a blow to so-called “drive by” discrimination lawsuits – and bolstered employers’ defenses thereto – by holding in three separate lawsuits that three different plaintiffs who alleged violations of the... Read More