Nyemaster Goode, P.C.
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Frank Harty

Frank Harty put himself through college and law school by playing football and working.  He received a B.B.A. with honors in Industrial Relations from the University of Iowa School of Business. Frank graduated Order of the Coif from Drake University Law School where he was Editor in Chief of the Drake Law Review. 

Frank is the only Iowa lawyer representing employers who has been inducted into the American College of Labor and Employment Lawyers. He is also recognized as a Leading Individual Labor and Employment Lawyer in Iowa by Chambers and Partners and is recognized by The Best Lawyers in America and Great Plains Super Lawyers.  

Frank is a fellow of the Iowa Academy of Trial Lawyers and the American Board of Trial Advocates. He has taught trial advocacy and employment law at the Drake University Law School. Frank is Past Chair of the Labor and Employment Law Section of the Iowa State Bar Association.

Frank is regularly called upon to represent companies, nonprofit organizations, and institutions of higher learning in a vast array of day-to-day and complex labor and employment issues. He also frequently advises colleges and universities with matters involving Title IX, the rehabilitation Act, and other misconduct and disciplinary concerns. 

Recognition

Martindale-Hubbell, AV® Preeminent

The Best Lawyers in America®, 2005-2018

Chambers USA, 2003-2017

The Best Lawyers in America®, Lawyer of the Year, Litigation - Labor and Employment Law, Des Moines, 2014

The Best Lawyers in America®, Lawyer of the Year, Labor and Employment Law, Des Moines, 2011

Great Plains Super Lawyers, Employment & Labor, 2009-2017

 

Benchmark Leading Litigation Attorney, 2011-2013

Benchmark Litigation, Local Litigation Star

Fellow, The College of Labor and Employment Lawyers

Who’s Who Legal USA – Management Labor & Employment Law, 2006-2013

Order of the Coif

Editor in Chief, Drake Law Review, 1983-1984

Associate Editor, American Bar Association Tort and Insurance Law Journal, 1993-1996

Hawkeye Honor Board, 1981

Professional and Community Affiliations

American Bar Association

Iowa State Bar Association
Chair, Labor and Employment Law Section, 1995-1998
President, Young Lawyers Division, 1994-1995

Polk County Bar Association

Iowa Defense Counsel Association
President's Award, 2016

Iowa Varsity Club

National Association of College and University Attorneys

National Association of Diocesan Attorneys

Iowa Hospitals and Health Systems Association

President, American Cancer Society, Polk County Division, 1988

Greater Des Moines Leadership Institute, 1993

Board Member, Urban Dreams, 2000-2002

Board Member, Holy Family School Foundation, 2000-2003

Founding Trustee, St. Francis Roman Catholic Parish of West Des Moines, 1996

Building Commission, Roman Catholic Diocese of Des Moines, 1994-2000

Member, Knights of Columbus, 1984-present

Board Member, Dowling Catholic High School Foundation, 2006-2009

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Education

University of Iowa (B.B.A., with honors, 1981)

Drake University (J.D., 1984)

Bar Admissions

Iowa, 1984

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

Professional Experience

Adjunct Professor, Employment Law, Drake University Law School, 1998-1999

Adjunct Professor, Trial Advocacy, Drake University Law School, 1991-1992

Lecturer, Business Law and Personnel Management, Simpson College, 1987

Significant Cases

First chair in over 70 jury trials.

Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (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.

Ackelson v. Manley Toy Direct, LLC, 832 N.W.2d 678 (Iowa 2013). The Iowa Supreme Court held that punitive damages are not available under the Iowa Civil Rights Act.

Dindinger v. Allsteel, Inc., 860 N.W.2d 557 (Iowa 2015). In a certified question from the federal court, the Iowa Supreme Court limited the length of time for which a plaintiff can recover damages under the Iowa Equal Pay Act.

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).

Banks v. John Deere & Co., Case No. 15-2058 (8th Cir. 2016). The Eighth Circuit Court of Appeals affirmed summary judgment for the employer on the plaintiff's race discrimination and harassment claims under Title VII and the Iowa Civil Rights Act.

Burse v. Deere & Co., No. LACL126338 (Iowa Dist. Ct. 2014). Defense verdict and defeated claims for damages in race harassment claim.

Salami v. Von Maur, Inc., No. LACL118608 (Iowa Dist. Ct. 2012 and 2014 (retrial)). Defense verdict on claims of race discrimination and racial harassment.

Campbell v. Deere & Co., No. LACL123494 (Iowa Dist. Ct. 2013).  Defense verdict in race discrimination and race harassment case.

Brubaker et al v. Deere, No. 3:08-cv-00113 (S.D. Iowa Oct. 16, 2009). Assisted defense team in ERISA class action resulting in defense judgment.

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

Doe v. Cent. Iowa Health Sys., 766 N.W.2d 787 (Iowa 2009). Iowa Supreme Court held that expert testimony required where plaintiff had serious pre-existing mental problems.

Singh v. Allen Mem'l Hosp., No. 6:04-cv-2090 (N.D.Iowa Aug. 3, 2006). Defense verdict on claims of national origin and race discrimination.

Woods v. Valley W. Oil, No. LACL093064 (Iowa Dist. Ct. June 29, 2005). Successful result in first jury trial in 20 years under the Iowa Civil Rights Act on state claims of gender discrimination. Plaintiff dismissed her case after her cross-examination by Mr. Harty.

Cline v. The HON Co., No. LACV014615 (Iowa Dist. Ct. July 2, 2004). Defense verdict on common law claims of wrongful discharge in violation of public policy, breach of an implied employment contract and unlawful retaliation in violation of the Iowa Civil Rights Act.

Allen v. HON Indus., Inc., No. 00-2017 (Iowa Ct. App. Dec. 28, 2001). The Iowa Court of Appeals upheld lower court’s summary judgment in favor of Defendant on claims of breach of employment contract and negligent and/or fraudulent misrepresentation.

Matzke v. Mary Greeley Med. Ctr., No. 99-2042 (Iowa Ct. App. Apr. 11, 2001). The Iowa Court of Appeals entered judgment setting aside the judgment in favor of the Plaintiff and dismissing the Plaintiff's claim of being entitled to a gainsharing bonus under the Iowa Wage Payment Collection Act.

Niemeir v. Lear Corp., No. 3:99-cv-60191 (S.D. Iowa Apr. 26, 2001). Obtained defense verdict and successfully defended employer against hostile environment and retaliation claims by Plaintiff alleging a three-year pattern of abusive conduct.

Fasse v. Big-Sur Waterbeds, et al., No. 4:95-cv-30718 (S.D.Iowa May 23, 1997). Successfully defended sexual harassment and retaliation jury trial; resulted in defense verdict.

Bush v. Marshalltown Med. & Surgical Ctr., No. 4:93-cv-80789 (S.D.Iowa Mar. 12, 1996). Successfully defended the first sexual harassment and retaliation jury trial tried in the Southern District of Iowa; resulted in defense verdict.

Tenny v. Roman Catholic Diocese of Des Moines, No. 4:94-cv-30102 (S.D.Iowa May 23, 1995). Successfully defended the first Americans with Disabilities Act case involving a plaintiff with AIDS to be decided by the United States District Court for the Southern District of Iowa.

Speeches and Publications

Drafting and Enforcing Non-Compete Clauses in Iowa: A Thirty-Year Review, 64 Drake L. Rev. 325 (2016) (Co-Author).

The Law of Higher Education: A Discovery Primer for Defense Counsel, Defense Update, The Iowa Defense Counsel Association Newsletter (Fall 2015).

Litigation Privilege in Iowa Employment Cases, Defense Update, The Iowa Defense Counsel Association Newsletter (Spring 2014).

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

Wage and Hour Laws: A State-by-State Survey, ABA Section of Labor and Employment Law (Iowa Chapter Author).

Computer Fraud and Abuse Act: A New Tool for Employers,  The Iowa Defense Counsel Association Newsletter, Vol. XVII, No. 4 (Fall 2008).

Arbitrating Employment Claims: Watch Out for These Traps, 66 The Iowa Law. 53 (2006).

Sex Discrimination in Iowa, An Analysis and Critique, 44 Drake L. Rev. 261 (1996).

Employment Torts: Emerging Areas of Employer Liability, 39 Drake L. Rev. 1 (1990).

Competition Between Employer and Employee: Drafting and Enforcing Restrictive Covenants in Employment Agreements, 35 Drake L. Rev. 251 (1986).

Expert Testimony Under the Iowa Rules of Evidence, Proffering and Resisting Expert Opinion, 36 Drake L. Rev. 343 (1987).

The Relative Priority of a Landlord's Lien and Article Nine Security Interest, 35 Drake L. Rev. 27 (1986) (Co-Author).

Speeches

Preserving the Privilege, presented ethics speech to in-house legal departments (December 2009).

Computer Fraud and Abuse Act - the Good, the Bad and the Ugly, 2008 e-Commerce Section Seminar, Iowa State Bar Association (December 12, 2008). Click here for the speech handout.

Recent Developments Under the Family and Medical Leave Act, Nyemaster Goode Labor and Employment Practice Group Seminar (June 26, 2008). Click here for the speech outline.

Record Retention: Minimizing the Headaches of Electronic Discovery, Iowa Society of Healthcare Attorneys (May 8, 2008). Click here for the speech handout. Click here for the speech outline.

Recent Developments Under the Family and Medical Leave Act, Iowa Municipal Finance Officers Association (April 17, 2008). Click here for the speech handout. Click here for the speech outline.

Preserving the Attorney-Client Privilege in Corporate Communications: Common Errors, American Corporate Counsel Association (March 20, 2008). Click here for the speech outline. Click here for the bibliography.

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