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…

Court Reaffirms Employees Complaining about Sexual Harassment Must Prove They Were Actually Offended

By: Michael Dee | 07.15.2020

  The Eighth Circuit Court of Appeals, which covers Iowa and other Midwestern states, recently affirmed the dismissal of a sexual harassment lawsuit because the plaintiff could not establish she was actually offended by the alleged harassing conduct.  Although this requirement seems like common sense – that a complaining employee must actually be offended by Read…

Candor Conference Deadline Extended to One Year

By: BrownWinick | 06.29.2020

  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…

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…

Litigation During COVID-19 – Is it time to settle or double down?

By: Ingrid Johnson | 03.26.2020

  The coronavirus (COVID-19) is throwing many aspects of our lives into question. If you are currently involved in litigation, you may be wondering if you should be settling your case. Recently, here at BrownWinick, we have seen some interesting settlements take place. It is too early to tell if this will be a trend, Read…

Courthouse Contagion: How COVID-19 is Affecting Your Cases, Hearings, and Proceedings

By: Ryan Shellady | 03.24.2020

  Over the last two weeks, the Iowa Supreme Court has issued several Supervisory Orders affecting courthouse schedules and proceedings across the state in light of the COVID-19 pandemic. These Orders can be found on the Iowa Judicial Branch website. Every Monday morning (or as circumstances require), the Judicial Branch will be providing summaries of Read…

Evictions Postponed due to Impacts of COVID-19

By: Jennifer Lindberg | 03.20.2020

  In light of the economic impacts of COVID-19, federal and state authorities are taking steps to suspend evictions and foreclosure actions. Evictions Governor Reynolds suspended the regulatory provisions governing evictions under the Iowa Uniform Residential Landlord and Tenant Act, the Manufactured Home Communities or Mobile Home Parks Residential Landlord and Tenant Act. Therefore, March Read…

BW Wins Appeal in $30 Million Contract Dispute

By: Michael Dee | 02.18.2020

  The Iowa Supreme Court on February 7, 2020, held that BrownWinick client Homeland Energy Solutions, LLC (HES) had an enforceable contract with a former HES board member to repurchase the member’s units in HES.  In 2013, HES entered into a contract with then-board member Steve J. Retterath to repurchase Retterath’s units in HES for Read…

Estate Planning Considerations for the New Year

By: Robert Hodges | 01.24.2020

It’s a new year and a new decade. It’s the right time to review and update your estate plan. BrownWinick’s Estate Planning Group has three key goals — to ensure our clients and their families: are protected during life (powers of attorney); have a plan for minor children (guardians); and transfer assets in an efficient and Read…