Additional Litigation Matters

Bellino Fireworks, Inc. v. City of Ankeny, et al., Case No. 4:17-cv-00212 (S.D. Iowa June 29, 2017). As counsel for consumer fireworks retailers, obtained preliminary injunction against four municipalities, enjoining those cities’ impermissible regulation of the sale of consumer fireworks in violation of State law.

Kum & Go, L.C. v. Financial Consulting and Trading International, Inc., Case No. 4:15-cv-00040 (S.D. Iowa 2015). Successfully represented international ATM vendor in ATM contract dispute, resulting in order in favor of vendor, including entitlement to attorneys fees.

BVS, Inc. v. CDW Direct, LLC, 759 F.3d 869 (8th Cir. 2014). Successfully represented the plaintiff to obtain reversal of a summary judgment decision in a commercial dispute alleging breach of contract, breach of warranty, and fraud.

Pactiv Corp. v. Rupert, 2012 WL 5974986 (N. D. Ill. 2012) Obtained summary judgment for former employee claiming severance benefits after a corporate merger.

Iowa Primate Learning Sanctuary v. Zoo Atlanta, et al. Case No. 4:10-cv-00052 (N.D. Iowa 2012). Negotiated settlement for the Iowa Great Ape Trust in a legal action over the ownership and custody of two bonobo apes.

Press-Citizen Co., Inc. v. University of Iowa, 817 N.W. 2d 480 (Iowa 2012). As counsel for newspaper, obtained order requiring the University of Iowa to release records under the Iowa Open Records Act and an award of attorney’s fees.

Kunkle v. Kolek, et al., Case No. LACV 07277 (Iowa District Court for Linn County, 2012). Obtained summary judgment for defendants on claims alleging breach of fiduciary duty and negligent misrepresentation relating to plaintiffs’ investments in a welfare benefit trust for tax and estate planning purposes.

Sign Productions, Inc. v. Lehman, Allsop & Evans, L.L.C., Case No. 62701 (Iowa District Court for Linn County, 2011). Obtained $106,261 jury verdict and judgment for Defendant/Counterclaim Plaintiff on claim alleging breach of a commercial lease.

Lead counsel for IBM in disputes relating to implementation of Enterprise Resource Planning (ERP) and related software. Irwin Seating Co. v. IBM, 2009 WL 32711 (6th Cir. 2009) (affirming grant of summary judgment to IBM on all claims); Business Systems Engineering v. IBM, 547 F.3d 882 (7th Cir. 2008) (affirming grant of summary judgment to IBM on all claims); 249 F.R.D. 313 (awarding costs); M. Block & Sons, Inc. v. IBM, 2004 WL 1557631 (N.D. Ill. 2004) (dismissing fraud, breach of contract, negligent misrepresentation and warranty claims).

Fesler et al. v. City of North Liberty, Case No. EQCV 072701 (Iowa District Court for Johnson County). Obtained a temporary injunction for citizens/taxpayers group to prevent the issuance of $11.3 million in municipal bonds and the related sale of land in North Liberty, Iowa in a dispute involving Iowa’s Urban Renewal Act.

Sourcecorp BPS, Inc. v. Kenwood Records Management, Inc., 548 F. Supp.2d 673 (S.D. Iowa 2008). Obtained judgment for defendant on plaintiff’s claims alleging breach of a requirements contract.

Moore Development v. M.G. Midwest, Inc., 2007 WL 2331021 (N.D. Iowa 2007). Obtained summary judgment in favor of defendant on claims alleging breach of contract and promissory estoppel.

Press-Citizen Co., Inc. v. Iowa Board of Regents, Case No. CVCV 06443 (Iowa District Court for Polk County, 2007). As counsel for newspaper, negotiated consent decree to resolve open meetings lawsuit against the Iowa Board of Regents in which the board admitted violations of law and agreed to pay client’s attorney’s fees.

Dennison v. Mediacomm, Inc., 720 N.W.2d 194 (Iowa Ct. App. 2006). Successfully represented the plaintiff, a secured creditor, to foreclose a security interest related to the sale of a radio station.

Gruebel v. Lyness Enterprises, Case No. EQCV 51118 (Iowa District Court for Linn County). Obtained summary judgment in favor of defendant and counterclaim plaintiff to enforce a non-compete agreement contained in a franchise agreement.