Category Litigation

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

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

Candor Conference Deadline Extended to One Year

  Changes to Iowa’s Candor law creating an extended timeline for initiating the Candor process will take effect July 1, 2020. The Candor process was created to encourage a frank discussion between a health care practitioner and a patient or patient’s family in the aftermath of a negative medical outcome resulting from either unforeseeable... Read More

COVID-19 Update: Polk County District Court Matters

  On March 26, 2020, Chief Judge Huppert issued a new Administrative Order  for the Polk County Courthouse Campus. Below is a brief summary of the Order’s provisions for Civil, Family Law, and Magistrate Court matters. The Order also contains provisions for Criminal and Juvenile matters. Civil Matters: All motions are deemed fully submitted on... Read More

Courthouse Contagion: How COVID-19 is Affecting Your Cases, Hearings, and Proceedings

  Over the last two weeks, the Iowa Supreme Court has issued several Supervisory Orders affecting courthouse schedules and proceedings across the state in light of the COVID-19 pandemic. These Orders can be found on the Iowa Judicial Branch website. Every Monday morning (or as circumstances require), the Judicial Branch will be providing summaries... Read More

BW Wins Appeal in $30 Million Contract Dispute

  The Iowa Supreme Court on February 7, 2020, held that BrownWinick client Homeland Energy Solutions, LLC (HES) had an enforceable contract with a former HES board member to repurchase the member’s units in HES.  In 2013, HES entered into a contract with then-board member Steve J. Retterath to repurchase Retterath’s units in HES for $30 million. ... Read More

Representing Yourself or Your Business in a Small Claims Action

A small claims action can be filed if the amount demanded is $6,500 or less. You can choose to represent yourself in a small claims action or hire an attorney to help. If you would like to represent yourself, the Iowa Judicial Branch website has some good resources for explaining the process:  Essentially, this is the process for filing a small... Read More