Hawkins v Grinnell Regional Medical Center, et al., Case No. 17-1892 (Iowa Supreme Court June 7, 2019). Court unanimously reversed and remanded for a new trial an age and disability discrimination case after finding prejudicial evidentiary errors resulted in an unfair trial foar the employer. At defendants’ urging on appeal, the Court also adopted a same-decision jury instruction in employment cases, allowing employers to avoid liability if they can prove they would have made the same decision even if the discriminatory reason offered by the plaintiff was a motivating factor in the termination.
Rossley v. Drake University, et al., Case. No. 4:17-cv-00058 (S.D. Iowa 2018). Court granted Defendants’ motion for summary judgment on retaliation under the ADAAA, Rehabilitation Act, and Iowa Civil Rights Act, and a breach of contract claim. Other claims initially brought by the plaintiff were previously dismissed on various motions to dismiss.
Rossley v. Drake University, et al., Case. No. 4:16-cv-00623 (S.D. Iowa 2018). Court granted the majority of Defendants’ motion for summary judgment on two theories under Title IX, the ADA and various common law claims. The remaining claims for trial were dismissed by Plaintiff to enable Plaintiff to appeal to the Eighth Circuit Court of Appeals.
In the Arbitration of Des Moines Electrical Apprenticeship Training and Trust Fund v. Dessauer, AAA Case. No. 01-16-0003-0977 (December 7, 2016). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
Rodriguez v. Wellmark, Inc., et al., Case No. 4:15-cv-126 (S.D. Iowa 2016). Court granted Defendants’ motion for summary judgment on counts alleging race and disability harassment and discrimination under the Iowa Civil Rights Act, and retaliation under the Family & Medical Leave Act.
Massey-Diez v. University of Iowa Community Medical Services, Inc., Case No. 15-2924 (8th Cir. 2016). The Eighth Circuit Court of Appeals affirmed summary judgment for the employer on the plaintiff’s FMLA entitlement and discrimination/retaliation claims.
Bell v. Wellmark Blue Cross Blue Shield of Iowa, Case No. 4:14-cv-00487-HCA (S.D. Iowa 2015). Court granted Defendant’s motion for summary judgment on counts alleging age and race discrimination under both state and federal statutes.
Massey-Diez v. University of Iowa Community Medical Services, Inc., Case No. 3:14-cv-00049 (S.D. Iowa 2015). Court granted Defendant’s motion for summary judgment on two counts alleging Family and Medical Leave Act violations (interference and discrimination) and one count alleging a failure to pay wages pursuant to the Fair Labor Standards Act.
In the Arbitration of Iowa Electrical Apprenticeship Training and Trust Fund v. Rob Hugen, AAA Case. No. 58 170 E 128 13 (August 29, 2013). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
In the Arbitration of Iowa Electrical Apprenticeship Training and Trust Fund v. Tom Holden, AAA Case. No. 58 170 E 00170 12 (January 25, 2013). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
Vails v. United Community Health Center, et al., C11-4048-LTS (N.D. Iowa 2012). Court granted Defendants’ motion for partial summary judgment on four of five counts (wrongful termination in violation of public policy, tortuous interference with employment contract, fraud and promissory estoppel), leaving only one count of breach of the employment contract for trial.
In the Arbitration of Iowa Electrical Apprenticeship Training and Trust Fund v. Kori Kaiser, AAA Case No. 58 170 E 00081 12 (August 28, 2012). Arbitrator ruled in favor of employer of electrical apprentice in the enforcement of a breach of contract action.
UFCW, Local 271, on behalf of Larry Wells v. Plumrose U.S.A., Inc., FMCS No. 10-03229-8 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for fighting in the workplace; claimed defenses of provocation from alleged harasser and retaliation for reporting harassment without merit.
UFCW, Local 271, on behalf of Raul Guerrero v. Plumrose U.S.A., Inc., FMCS No. 10-01135-8 (2010). Arbitrator decided in favor of the employer in a suspension arbitration for violation of the company’s safety policies and procedures.
UFCW, Local 271, on behalf of Ryan Hammitt v. Plumrose U.S.A., Inc., FMCS No. 09-03078 (2010). Arbitrator decided in favor of the employer in a discharge arbitration for violation of the company’s attendance policy.
UFCW, Local 271, on behalf of Richard Gomez v. Plumrose U.S.A., Inc., FMCS No. 070424-02715-8 (2008). Received an employer/defense verdict in a contract interpretation and discharge arbitration.
Antunez v. The HON Co., No. 3:06-cv-00010-CRW (S.D.Iowa 2007). Defense verdict in jury trial on claim of race and national origin discrimination and retaliation (Iowa Civil Rights Act, Title VII and Section 1981).
Hildebrant v. Lear Corp., No. 3:03-cv-80099 (S.D.Iowa 2006). Filed for summary judgment on claims of sexual harassment and retaliation. Plaintiff did not resist the motion and, instead, voluntarily dismissed her case with prejudice.
Lorance v. HON Indus., No. 3-04-cv-90002 (S.D.Iowa 2005). Plaintiff decided not to pursue her claim and dismissed her case with prejudice.
Wigans v. HON Indus., No. 3:04-cv-70084 (S.D.Iowa 2005). Plaintiff dismissed his case with prejudice.
Hornung v. Burke Mktg. Corp., Inc., No. 4:03-CV-10604 (S.D.Iowa 2005). Summary judgment granted in favor of the defendant on sexual harassment and retaliation claims.
Sereda v. Burlington N. Santa Fe R.R. Co., No. 4:03-cv-10431 (S.D.Iowa 2005). Summary judgment granted in favor of defendant on wrongful termination of employment claim.
Cline v. The Hon Co., No. LACV014615 (Iowa Dist. Ct. 2004). Defense verdict in jury trial on claim of retaliation for participation in sexual harassment investigation and breach of handbook.
