BW INSIGHTS

BrownWinick Attorneys Successfully Represent New Fashion Pork and BWT Holdings before the Iowa Supreme Court

By Jennifer E. Lindberg & James L. Pray | 06.30.2022

In a major development for the agricultural industry in Iowa, the Iowa Supreme Court affirmed the dismissal of a nuisance case and reversed a previous Supreme Court decision on constitutional grounds. BrownWinick attorneys James White, Jen Lindberg, and Jim Pray successfully represented New Fashion Pork and BWT Holdings before the Iowa Supreme... Read More

United States Supreme Court Issues Decision on Enforcement of Arbitration Clauses

By BrownWinick | 06.07.2022

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

By BrownWinick | 10.08.2021

  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

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

By Ingrid Johnson | 09.12.2021

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

Court Reaffirms Employees Complaining about Sexual Harassment Must Prove They Were Actually Offended

By Michael Dee | 07.15.2020

  The Eighth Circuit Court of Appeals, which covers Iowa and other Midwestern states, recently affirmed the dismissal of a sexual harassment lawsuit because the plaintiff could not establish she was actually offended by the alleged harassing conduct.  Although this requirement seems like common sense – that a complaining employee must actually be... Read More

Is Your Business at Risk for Coronavirus Lawsuits, and What Can You Do NOW To Avoid It?

By Michael Dee | 04.06.2020

  Whether you are a small business, large business or even a government entity, are you ready (or preparing your business) for the onslaught of lawsuits resulting from the pandemic?  Google “coronavirus lawsuits” — over 300 billion hits. Unfortunately, a number of those hits are plaintiffs’ class action law firms asking people to submit... Read More