Tom Walton is a shareholder of the firm and is the Administrative Head of the
Litigation Department. Tom's practice areas include commercial, insurance defense, products liability, healthcare insurance, construction, and ERISA litigation. His diverse range of litigation in all forums has included products liability claims involving a variety of different products, toxic tort claims arising out of mass exposures, commercial litigation involving banks, insurance companies, securities broker/dealers, manufacturers, among several others, and all types of personal injury and tort defense work.
Tom graduated with high distinction and Order of the Coif from the University of Iowa in 1989.
Significant Cases
Commercial
Anderson v. First Albany Corp., No. 01-01232 (NASD February, 2003). Represented claimant in arbitration claim pursuant to NASD rules arising from untimely transfer of securities account and recovered losses.
Aviva USA General Representation. Represent life and annuity company nationally in claims arising out of sale of annuities.
Bell v. Central Iowa Cooperative, No. 24259-0791 (February 1993). Obtained directed verdict in claim arising out of termination of agricultural services agreement.
Deere Credit Servs., Inc. v. Datascan Techs., L.L.C., No. 58-Y-117-00027-2 (AAA October, 2002). Represented Deere Credit in arbitration claim arising out of a breach of software development agreement for wholesale credit system.
Main Street LLC v. Seventh Inning Stretch, LLC. Obtained through commercial arbitration an adjustment to the purchase price for a minor league baseball team pursuant to the terms of an asset purchase agreement.
Mueller, et al. v. Wellmark, Inc.. Defended antitrust class action by healthcare providers against health insurer, resulting in summary judgment based upon regulatory exemption. On appeal.
Plastech Exterior Sys., Inc. v. Deere & Company, No. 51-Y-181-00140-00 (AAA June 2002). Defended Deere in multimillion-dollar claim for breach of parts supply agreement.
Rossi v. Leff and Heartland Inv. Assocs., Inc., No. 04-08727 (NASD June, 2006). Represented claimant in NASD arbitration claim alleging unsuitable investments and obtained six-figure arbitration award.
Smokey Mountain Homes, Inc. v. Deere Credit, Inc., No. 57-849-00044-99 (AAA September, 2000). Defended Deere Credit in claim arising from alleged wrongful termination of floor plan financing agreement and obtained defense verdict.
Toxic Torts
Boley, et. al. v. Clima Molybdenum, Co., No. 3:97-cv-80163 (S.D.Iowa June 1999). Defended claim by 40 plaintiffs alleging sulfur dioxide exposure from plant emissions.
Colquhoun, et al. v. West Central Coop., No. LACV 020150 (Iowa Dist. Ct. 2007) and Anderson, et al. v. West Central Coop., No. LACV 020129 (Iowa Dist. Ct. 2007). Defended claims of over 200 plaintiffs of toxic exposure to emissions of hydrochloric acid from plant and brought claims against plant engineer for breach of design-build contract.
Products Liability
Ganske v. Spahn & Rose Lumber Co., 580 N.W.2d 812 (Iowa 1998). Defended claim alleging cancer due to asbestos exposure. Iowa Supreme Court affirmed dismissal of plaintiff’s claim on basis of exclusivity of workers' compensation.
Ranes v. Adams Labs., et al., Inc., No. LALA 001519 (Iowa Dist. Ct. 2006). Defended pharmacy in matter alleging stroke due to ingestion of prescription drugs containing phenylpropanolamine, and obtained summary judgment based upon Daubert challenge to Plaintiff’s expert toxicologist. Affirmed on appeal.
Health Care Insurance/ ERISA
Promerica Managed Care, Inc. v. Wellmark, Inc., No. CV85804 (Iowa Dist. Ct. April, 2002). Defended and obtained dismissal of claims arising out of asset purchase agreement, and collected fees due pursuant to third party administrator agreement.
Tuel v. Wellmark Blue Cross Blue Shield of Iowa, No. 1:05-cv-00173 (N.D.Iowa March, 2007). Defended ERISA claim for benefits by plan member.
Construction
Des Moines Art Center v. Richard Meier & Partners Architects, LLP, Case No. 51-110-0433-91P (AAA). Defended architect in claim alleging improper design of art center.
Vincent Metals v. Curran V. Nielsen Co., Inc., No. 56161 (Iowa Dist. Ct.). Represented material subcontractor in claim on public improvement bond in action involving 18 parties regarding construction and failures of a laser laboratory facility.
Media
Iowa Newspaper Association. Serves as retained counsel for Association to provide timely legal advice to Iowa newspapers on issues involving defamation, open records, and related issues.