Optimal Interiors, LLC v. HON Co., 774 F.Supp.2d 993 (S.D. Iowa 2011). Successfully defended HON Co. in enforcing a contractual limitation of liability clause to preclude multi-million dollar lost profits claim.
Great Plains Real Estate Dev. Corp. v. Union Cent. Life Ins. Co., 536 F.3d 939 (8th Cir. 2008). Successfully represented Union Central Life and related defendants in challenge to prepayment premium in commercial loan documentation. In a case of first impression in Iowa, the Court upheld the enforceability of a prepayment premium where the prepayment was voluntary.
City of Burlington v. Burlington N. Santa Fe Corp., No. 3:04-cv-80040 (S.D.Iowa). Successfully defended BNSF Railway Company and Burlington Northern Santa Fe Corporation in a complex contract and real estate dispute over riverfront property in the City of Burlington, which the City contended was governed by agreements entered into in the 1800s.
Gen. Motors Acceptance Corp. v. Polk County, No. CV5045 (Iowa Dist. Ct.). Represented General Motors Acceptance Corporation in a 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.
Bublitz v. E.I. duPont de Nemours & Co., No. 4-00-cv-90247 (S.D.Iowa). Co-counsel for plaintiffs in ERISA class action seeking to enforce Change in Control Agreement for management employees upon sale of Pioneer to duPont. The class was certified and the action ultimately was resolved shortly before trial.
Chem. Bank v. Commc'ns Data Servs., Inc., 765 F. Supp. 1401 (S.D.Iowa 1991); In re Kachina Publ'ns, Inc., 171 B.R. 671 (Bkrtcy. D. Ariz. 1994). Represented Communications Data Services, Inc. in establishing an artisan's lien protecting its work in improving and maintaining computer databases.
Hearing counsel for Allied Insurance Company, Amerus Insurance Company, American Republic Insurance Company, CUNA Mutual Insurance Society, and Petroleum Marketers Mutual Insurance Company in contested administrative hearings before the Iowa Insurance Division involving mutual insurance holding company structure or related issues.
Sieg Co. v. Kelly, 512 N.W. 2d 275 (Iowa 1994). Appraisal litigation following corporate mergers determining the value of a dissenting shareholder’s stock.
Represented companies in numerous commercial disputes including breach of contract, UCC, real estate litigation, warranty, and business torts.
Represented numerous clients in life, health, and disability insurance cases, including: Howard v. Coventry Health Care of Iowa, Inc., 293 F.3d 442 (8th Cir. 2002), the first case to find Iowa first party bad faith claim preempted by ERISA.
Iowa outside counsel for BNSF Railway Company representing the BNSF in FELA, crossing accident, condemnation, and real estate litigation and administrative proceedings.