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…

COVID-19 Update: Polk County District Court Matters

By: Ryan Shellady |

  On March 26, 2020, Chief Judge Huppert issued a new Administrative Order  for the Polk County Courthouse Campus. Below is a brief summary of the Order’s provisions for Civil, Family Law, and Magistrate Court matters. The Order also contains provisions for Criminal and Juvenile matters. Civil Matters: All motions are deemed fully submitted on Read…

Identification of “Essential Business” Employees

By: Amy Johnson | 03.26.2020

  As more cities and states are moving to require citizens to “shelter in place,” how do “essential business” employees identify themselves?  The “shelter in place” orders that have been issued so far have been issued by city or state governments.  Each order may have specific nuances; however, the general employee identification form will be similar. Read…

Clarification Provided on Remote Notarizations

By: Karen Karr | 03.25.2020

  On March 24, 2020, the Iowa Secretary of State issued guidance for remote notarizations. It clarifies that remote notarization must comply with Section 6 of Senate File 475 and Iowa Administrative Code 721-43, Iowa Code chapter 9B, as summarized in our previous post, Remote Notary Now an Option. Per the Iowa Secretary of State’s Read…