Michael Dee

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

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 Americans... Read More

BW Wins Appeal in $30 Million Contract Dispute

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 $30 million.... Read More

Iowa Supreme Court Confirms Employers May Use Same Decision Defense in Discrimination and Retaliation Cases

The Iowa Supreme Court recently issued an important decision for employers in employment discrimination cases. The Court confirmed that employers are entitled to raise the “same decision” affirmative defense, which states that even if a discriminatory factor played a motivating role in a decision to terminate an employee, the employer may avoid... Read More

Cost-Plus Contracts - A New Warning For Contractors

A recent decision from the Iowa Court of Appeals serves as a cautionary tale for contractors: Contractors must prove their actual costs under cost-plus contracts or they may not be paid. In Olmstead Construction, Inc. v. Otter Creek Investments, LLC, the contractor and owner entered into a cost-plus contract to build a convenience store. After... Read More

8th Circuit Upholds Iowa City's Rights Regarding Installation of Fiber Optic Networks

BrownWinick successfully defended the City of Iowa City in an appeal before the Eighth Circuit Court of Appeals involving the City’s passage of three resolutions to facilitate ImOn Communications, LLC’s ("ImOn") construction of a fiber optic network in Iowa City that would provide only telephone and internet service. Mediacom sued the City arguing... Read More

BrownWinick Law Firm and Nine Attorneys Listed in Chambers USA 2017 - America's Leading Lawyers for Business

BrownWinick has been ranked as a “leading law firm” in Chambers USA® 2017 - America’s Leading Lawyers for Business in the areas of Corporate/M&A, Labor & Employment, and Litigation: General Commercial. Nine attorneys from BrownWinick were selected for inclusion in Chambers USA® 2017 as “leaders in Iowa” in the following areas: Doug E. Gross –... Read More