BrownWinick Obtains Summary Judgment for Golf Course Client

By: BrownWinick | 10.01.2021

BrownWinick attorneys Ben Merrill and James White recently obtained summary judgment on behalf of their clients WBC Golf Course, LLC (“WBC”) and Mr. Curtis Wahlert, the golf course’s general manager. The case involved allegations that WBC and Mr. Wahlert were not operating the course in a manner consistent with “normal golf course operations,” in violation Read…

BrownWinick Obtains Summary Judgment on Statute of Limitations in Case Alleging over $1 Million in Damages

By: BrownWinick | 09.27.2021

BrownWinick attorney James White recently obtained summary judgment for several clients in a case where the plaintiffs alleged over $1 million in damages.  The case arose out of a 2018 flood of a hotel. The plaintiff, a cleaning and restoration company, performed work at the hotel following the flood. After it was determined that the Read…

2021 Iowa Legislative Session Ends with Flurry of New Tax Rules

By: Christopher Nuss | 06.14.2021

  On May 19, 2021, the Iowa Legislature closed this year’s session by passing a 60-page tax bill consisting of 28 divisions addressing a plethora of topics, resulting in an estimated cut in taxes of $1 billion over the next eight years. This article does not attempt to cover each of the upcoming tax changes; Read…

Federal Court Finds No Standing in Three “Drive By” Discrimination Lawsuits

By: Michael Dee | 08.28.2020

  In the course of one week in early August 2020, the Eighth Circuit Court of Appeals, which covers Iowa and other Midwestern states, struck a blow to so-called “drive by” discrimination lawsuits – and bolstered employers’ defenses thereto – by holding in three separate lawsuits that three different plaintiffs who alleged violations of the Read…

BrownWinick Wins Ruling Resulting in Substantial Impact on the Livestock Production Industry

By: BrownWinick | 07.08.2020

On July 6, BrownWinick attorney, Danielle Smid, and Texas attorney, Shawn Twing, obtained a ruling with potential for broad impact on the livestock production industry. In the United States District Court for the Northern District of Iowa, the Court held that an Animal Care Auditor for a swine production system was an agricultural employee and, Read…

Judge rules on Round-Up cancer warning

By: BrownWinick | 07.01.2020

  California’s Proposition 65 will not be enforced against Bayer, the manufacturer of Round-Up, a federal court ruled on June 22nd. The proposition required that products containing the chemical glyphosate be labeled as a carcinogen. However, the judge ruled that “the statement that glyphosate is ‘known to the state of California to cause cancer’ is Read…

Governor Reynolds Extends Emergency Proclamation

By: BrownWinick | 06.29.2020

  On Thursday, June 25th, Governor Reynolds extended Iowa’s Emergency Proclamation. The Proclamation enacts certain requirements, restrictions, and/or relief in the following areas due to COVID-19 concerns: Protection of Vulnerable Iowans Reopening of Businesses and Establishments Mass Gatherings Nonessential or Elective Surgeries and Procedures Dental Services Mandatory Screening of Health Facility Staff School Closures Graduation Read…

Candor Conference Deadline Extended to One Year

By: BrownWinick |

  Changes to Iowa’s Candor law creating an extended timeline for initiating the Candor process will take effect July 1, 2020. The Candor process was created to encourage a frank discussion between a health care practitioner and a patient or patient’s family in the aftermath of a negative medical outcome resulting from either unforeseeable complications Read…

SCOTUS Rules Gay and Transgender Employees Protected by Title VII

By: BrownWinick | 06.23.2020

  In a highly anticipated decision, the United States Supreme Court declared that employment discrimination on the basis of sexual orientation and gender identity is prohibited by Title VII of the Civil Rights Act of 1964 (the “Act”). The decision was handed down in the consolidated case Bostock v. Clayton County, Georgia on Monday, June Read…

BrownWinick Law Firm wins the dismissal of Clean Water Act and RCRA claims filed against New Fashion Pork

By: BrownWinick | 03.27.2020

  On March 27, 2020, Northern District of Iowa Federal District Court Judge C.J. Williams granted a motion for summary judgment in favor of New Fashion Pork and BWT Holdings and against Gordon Garrison, a neighbor.  Mr. Garrison filed a federal citizen action suit in 2018 alleging that New Fashion Pork had violated the federal Read…