Nyemaster Goode, P.C.
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Thomas H. Walton

Tom Walton is a shareholder of the firm and practices in the Litigation Department. He is an experienced trial lawyer in general practice. 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.

Client References

Gary Caufield, Senior Director of Legal Affairs (Retired), Ritchie Brothers Auctioneers, GCaufield@rbauction.com, 604-813-5999, 651-724-1592

Erik Charter, Chief Financial Officer, Jensen Development, Inc., Erik.charter@jensengroup.net, 515-232-2128 ext. 11

Tricia Staible, General Counsel, Robinson Fans, Inc., Tricia.Staible@robinsonfans.com, 724-453-7431

Recognition

Martindale-Hubbell, AV® Preeminent

Order of the Coif

Iowa Law Scholar

International Academy of Trial Lawyers Award Recipient

American Jurisprudence Award (Constitutional Law)

Professional and Community Affiliations

American Bar Association

Iowa State Bar Association
Chair, LAWPAC Committee, 2003-2006
Member, Judicial Administration Committee, 1998

Polk County Bar Association
Chair, Special Projects Committee, 1999

Iowa Defense Counsel Association

Defense Research Institute
Commercial Litigation Committee
Life, Health, and Disability Committee
Product Liability Committee

Member by gubernatorial appointment, State of Iowa, Criminal & Juvenile Planning Advisory Commission, 2010-present

Member, State of Iowa, Public Safety Advisory Board, 2010-present

Member by Court appointment, Iowa Supreme Court Grievance Commission, 2015-2018

Volunteer Lawyer, Iowa Legal Aid Society

Board Chair, The Wallace House Foundation, 2003-2008

Board Chair, Evelyn Davis Early Learning Academy, 2003-2005

Member, Greater Des Moines Leadership Institute, 2002

Significant Cases

Commercial

American Airlines/University Travel Services, Inc. Defended airline against claim by travel agent alleging breach of contract.

Auxi Health/Horras. Compelled arbitration of employment dispute.

Burlington Northern/Hubinger. Represented railroad in arbitration claim for indemnification arising from personal injury to railroad employee on industry siding.

Central Iowa Cooperative/Bell. Defended claim of improper termination of agricultural services agreement.

Chubb/FDCPA Claims. Defended debt collectors against claims arising under the Federal Unfair Debt Collection Practices Act and related common law claims.

Deere Credit Services, Inc./DataScan. Arbitration claim arising out of a breach of software development agreement for wholesale credit system and obtained favorable settlement.

Deere Credit Services, Inc./EPX. Arbitration claim arising out of a breach of software development agreement for point-of-sale system and obtained favorable settlement.

Deere Credit Services, Inc./Smokey Mountain Homes. Defended arbitration claim arising from alleged wrongful termination of floor plan financing agreement.

Grip-Tite/Dry-Basement, Inc. Defended licensor against claims of improper termination of license agreement.

J. Photo WD/brightroom. Defended claims for overpayment by internet-based photo fulfillment company against commercial photography business.

John Deere, Inc./Plastech. Defended multimillion dollar claim for breach of parts supply agreement.

Main Street LLC v. Seventh Inning Stretch, LLC. Obtained adjustment to the purchase price for a minor league baseball team pursuant to the terms of an asset purchase agreement.

Norwest Financial/Corporate Recruiters. Defended against claim for a recruiting fee.

Renewable Energy Group/Iowa Renewable Energy. Defended claims of breach of management agreement involving biodiesel production facility.

Ritchie Bros./IronPlanet. Defended auction company against claims of improper interference with auction listing agreement.

Construction

Baker Mechanical/Meskwaki Casino. Defended claims of leaking underground piping.

Geise Construction/Jensen Builders. Defended claim arising out of failed concrete floor in manufacturing facility.

Grinnell University/Washe Interiors. Defended claim of subcontractor for overages due to change orders.

Hawkeye FoodService, Inc./WebberSmith. Brought and recovered cost to repair defective design and construction of large wholesale refrigerated warehouse.

Richard Meier/Des Moines Art Center. Defended internationally known architect against claim in arbitration for negligent architectural services.

Vincent Metals/CNA Insurance. Represented subcontractor on claim against bond provided for the construction of a public improvement.

Financial Services

Anderson/First Albany. Represented claimant in arbitration claim pursuant to NASD rules arising from untimely transfer of securities account, and recovered losses.

Aviva USA. Represented annuity company in many actions alleging unsuitability and other claims arising from sale of annuities. 

Equitable Life Insurance/Kloer. Defended claim for improper failure to pay life insurance benefits based upon misrepresentations in insurance application.

First Interstate Bank of Cresco/Knudson. Assisted in defense of bank against claims based upon RICO, extortion and abuse of process, resulting in judgment on RICO claims.

Nationwide Bank/Halman Construction. Defended claim brought by construction company that bank improperly withdrew loan commitment and failed to fund construction.

New England Financial Group/Imus. Defended claims arising out of sale of annuities and variable life policies alleging unsuitability, improper advice and fraud.

Rossi/Heartland Investments. Represented claimant in NASD arbitration claim alleging unsuitable investments and obtained six-figure arbitration award.

U.S.G./Florey. Defended claim of insurance agent fraud and churning.

Health Care

Wellmark/Thomas. Local counsel with respect to class action by providers relating to claims adjudication and payment methods.

Wellmark/Iowa Health System. Assisted in defense of claim of breach of provider agreement brought by major Iowa health care system against largest health insurer.

Wellmark/Magellan. Defended claim for benefits by ERISA plan pursuant to coordination of benefits provision.

Wellmark/ProAmerica. Defended and obtained dismissal of claims arising out of asset purchase agreement and collected fees due pursuant to third party administrator agreement.

Wellmark/Shermanchoice. Assisted in defense of claims arising out of effort to establish HMO.

Wellmark/Tuel. Defended ERISA claim for benefits by ineligible plan member.

Wellmark/Mueller. Defended antitrust claims by class of chiropractors.

Insurance Defense

American International Group/Various. Defended insured against various claims, including claims for bodily injury arising out of accidents, insurance bad faith and products liability.

American States Insurance Company/Various. Defended insured against various claims, including claims for bodily injury arising out of accidents, insurance bad faith and products liability.

IWCPA/Mendenhall. Defended adjuster and third-party administrator against claims of bad faith failure to pay workers' compensation benefits.

Jensen Golf, LC d/b/a The Harvestor/General Casualty Ins. Co. Represented insured in claim against agent and insurer arising from wind storm damage to nationally-ranked golf course.

Lexington Insurance/Beach Girls. Defended dram shop in claims pursuant to state statute.

Lexington Insurance/Douglas Carr, et al. Defended dram shop in action pursuant to state statute, and obtained dismissal on summary judgment based upon complicity.

Pharmacists Mutual Company/Various. Defended insured pharmacists of large specialty insurer against claims of malpractice, state licensure disciplinary proceedings, and related claims.

Nuisance

Chamness Technology, Inc./Arnold. Defended claims of nuisance arising out of operation of compost facility.

Climax Molybdenum/Boley, et al. Responsible for defense and management of litigation brought by 40 plaintiffs alleging sulfur dioxide exposure.

Schildberg Construction Co., Inc./Rex, et al. Defended nuisance claim arising out of operation of quarry.

West Central Cooperative/Anderson. Defended claims of over 150 plaintiffs of toxic exposure to plant emissions.

Products Liability

ABTCo/Various. Assisted in defense of claims of defective hardboard siding.

BP Amoco/Asbestos claims. Defended claims of asbestos exposure arising out of use of grinding wheels.

Clopay Building Products, Inc./Soper. Defended overhead door manufacturer against claim arising out of spinal injury.

Deere & Company, et al./Anderson, et al. Assisted in defense of 30 premises liability claims arising from alleged asbestos exposure.

Deere & Company, et al./Ganske. Assisted in defense of claim alleging cancer due to asbestos exposure. Iowa Supreme Court affirmed dismissal of plaintiff’s claim against Deere on basis of exclusivity of workers' compensation.

Detroit Diesel/Clayton. Defended claim arising out of fire caused by alleged defective truck engine.

General Electric/Asbestos claims. Defended client against claims of asbestos exposure arising out of wire and cable products and turbines.

Kornhauser/Civic Center. Represented plaintiff who sustained permanent neurological damage due to fall from defective riser, and obtained favorable settlement.

PACCAR Inc a/k/a Peterbilt/City of Waterloo. Represented vehicle manufacturer in products liability claim arising from fire in automated garbage truck.

Pharmacists Mutual/Ranes. Defended pharmacy in matter alleging stroke due to ingestion of prescription drugs containing phenylpropanolamine (PPA), and obtained summary judgment under Daubert. Affirmed on appeal.

Robinson Fans/ADM. Defended manufacturer of large industrial fans against claims of product failure and business interruption.

Miscellaneous

AGRI Industries/Aspermont. Represented client in condemnation proceedings and obtained award of $1.5 million.

City of Clive/City of Waukee. Assisted in representation of City of Clive through six year effort to annex territory in Dallas County, Iowa, including appeal.

Iowa Newspaper Association/Various. Served as retained counsel for association to provide timely legal advice to Iowa newspapers on issues involving defamation, open records, and related issues.

Iowa Society of CPAs/Kemin. Counsel on appeal for amicus curiae on claim alleging accounting malpractice.

Kmart Corporation/Board of Pharmacy. Defended disciplinary action alleging retaliatory discharge of pharmacist.

Sedar Motors/Grimm. Assisted in defense of employer against claim of improper termination. Prepared successful summary judgment motion dismissing claim. Iowa Court of Appeals affirmed.

Toulouse/Nestle. Assisted in representing plaintiff in claim of sexual harassment and obtained favorable settlement.
 

Speeches and Publications

Federal Trade Commission and Data Security, Iowa State Bar Association Annual Meeting (2017).

Treating Doctors and Daubert: Their Time Has Come, Defense Update, Vol. XVI, No. 4 (November 2014).

Iowa Consumer Fraud Class Actions:  A Status Report and Look into the Future, Defense Update, Vol. XVI, No. 3 (August 2014).

Tenant Class Actions - A New Wave?, Landlord-Tenant Law Seminar, Sterling Education Services (March 28, 2014).

Mass Toxic Tort Litigation, ISBA Annual Meeting, Toxic Torts Panel (June 19, 2008).

Defamation by Implication: Be Careful What You Don’t Say, Iowa Newspaper Association Bulletin, Vol. 28, Issue 40.

Publication of Facebook and Other Web-Postings: Handle With Care, Iowa Newspaper Association Bulletin, Vol. 28, Issue 25.

Enforcement of Iowa Open Meetings and Records Law, Iowa Newspaper Association Bulletin, Vol. 28, Issue 9.

The Ethics of Client Representation:  Guilt by Association? , The Iowa Lawyer, Vol. 72, No. 8 (August 2002)

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