Attorney Profiles

Debra L. Hulett

700 Walnut, Suite 1600
Des Moines, IA 50309-3899
Phone: (515) 283-3114
Fax: (515) 283-3108
dlhulett@nyemaster.com

Debra L. Hulett is a member of the firm’s Litigation Department and practices in the areas of employment litigation, ERISA litigation, intellectual property litigation, life, health, disability insurance litigation, commercial litigation, and appellate practice.

Debra graduated Order of the Coif from the University of Iowa College of Law with high distinction. She was a Note and Comment Editor with the Journal of Corporation Law. She graduated with high distinction from the University of Iowa in 1989, with a Bachelor of Arts degree in political science and a minor in Italian.

Significant Cases

Gross v. FBL Fin. Servs., Inc., 557 U.S. __ (2009). The U.S. Supreme Court held that a plaintiff bringing an age discrimination claim under the ADEA must prove, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action.

Ernster v. Luxco, Inc., 596 F.3d 1000 (8th Cir. 2010). Court of Appeals affirmed entry of judgment on defense verdict after jury trial regarding issue of whether the plaintiff was an employee or independent contractor of the defendant. (Plaintiff alleged age discrimination claims under the ADEA and ICRA).

Huffman v. AADG, Inc., 2010 WL 624855 (Iowa Ct. App. Feb. 24, 2010). Iowa Court of Appeals affirmed district court’s entry of summary judgment in favor of defendant on plaintiff’s common law claim that he was subject to harassment, constructive discharge, and demotion because of his workplace injury.

Stewart v. Iowa Machinery & Supply Co., Inc., 772 N.W.2d 15 (Iowa Ct. App. 2009). Iowa Court of Appeals affirmed district court’s summary judgment ruling dismissing the plaintiffs’ civil conspiracy claims because section 301 of the Labor Management Relations Act preempted the claims.

Cerwinske v. Cambrex Charles City, Inc., 2009 WL 331365 (8th Cir. Feb. 12, 2009). Court of Appeals affirmed district court’s denial of plaintiff’s post-judgment motion; District court granted summary judgment in favor of defendant on plaintiff’s claims of sex discrimination, harassment, and retaliation under Title VII and the ICRA, and dismissed case in its entirety.

Great Plains Real Estate Dev., LLC v. Union Central Life Ins. Co., 536 F.3d 939 (8th Cir. 2008). In a case of first impression in Iowa, the Court of Appeals affirmed the district court’s grant of summary judgment in favor of defendants and upheld the enforceability of a prepayment premium where the prepayment was voluntary.

Van Horn v. Best Buy Stores, L.P., 526 F.3d 1144 (8th Cir. 2008). Court of Appeals affirmed district court’s entry of summary judgment in favor of defendant as to the plaintiff’s retaliation claims under Title VII and the ICRA.

Vander Linden v. Central Iowa Hospital Corporation, Case No. 4:07-cv-189 (S.D. Iowa). Defense verdict in jury trial on issue of alleged age discrimination under the ADEA and ICRA.

Rouse v. Walter & Assocs., L.L.C., 513 F.Supp.2d 1041 (S.D. Iowa 2007). In copyright infringement action, district court granted summary judgment in favor of client based on work made for hire doctrine.

Draper v. Wellmark, Inc., 478 F.Supp.2d 1101 (N.D. Iowa 2007). District court granted summary judgment in Wellmark’s favor and dismissed the case, finding contractual limitations period barred plaintiff’s ERISA claim and ERISA preempted negligent misrepresentation claim.

Gen. Motors Acceptance Corp. v. Polk County, Case No. CV5045 (Iowa Dist. Ct.). Directly involved in representation of General Motors Acceptance Corporation in constitutional Commerce Clause and Equal Protection challenge to Iowa’s Loan Agencies Tax. The district court held in favor of GMAC, striking down the Loan Agencies Tax as unconstitutional and ordering the defendants to refund over $1,600,000 in taxes.

Jones v. ING North America Ins. Group., 752 N.W.2d 33 (Iowa Ct. App. 2008). Iowa Court of Appeals affirmed district court’s judicial review decision affirming the plan administrator’s denial of accidental death benefits.

Publications

Proof Standards Under the Iowa Civil Rights Act: A Gross Oversight?, Defense Update, The Iowa Defense Counsel Association Newsletter (Winter 2010) (Co-Author).

COBRA Continuation Insurance: Is Pre-Existing Coverage Under a Spouse's Group Health Plan a Terminating Event?, 22 J. Corp. L. 4 (1997).

Practice Areas

Martindale-Hubbell Rating

BV®

Education

University of Iowa (B.A., with high distinction, 1989; J.D., with high distinction, 1997)

Academic Achievements

Order of the Coif

Note and Comment Editor, Journal of Corporation Law, 1996-1997

Phi Beta Kappa

Bar Admissions

Iowa, 1997

Admitted to practice in all state and federal courts in Iowa, the Eighth Circuit Court of Appeals, and the United States Supreme Court.

Associations & Affiliations

American Bar Association

Iowa State Bar Association

Polk County Bar Association

Iowa Defense Counsel Association

Defense Research Institute

Iowa Supreme Court Commission on Continuing Legal Education, 2005-present

Chair, 2010

Professional Experience

Law Clerk, Hon. Ronald E. Longstaff, United States District Court, Southern District of Iowa, 1997-1999