United States District Court for the Northern and Southern Districts of Iowa
United States District Courts for the Northern and Central Districts of Illinois
United States District Court for the Eastern District of Michigan
United States Court of Appeals for the Eighth Circuit
Civic and Volunteer Involvement
Cedar Rapids Museum of Art Board of Trustees, past President
Dean Mason Ladd Inn of Court, past President
Cedar Rapids Public Library Board of Trustees, past President
Cedar Rapids Opera Theatre, past President
TRG, LP v. Cessna Aircraft Company, Rockwell Collins, Inc. and Safe Flight Instrument Corporation, pending in the U.S. District Court, District of Kansas and Iowa District Court for Linn County. Represent Rockwell Collins in multidistrict negligence, breach of warranty and products liability actions arising from an airplane accident whose flight originated from Leeds Bradford Airport in Yorkshire, Great Britain.
Iowa State Bank & Trust Company of Fairfield, Iowa v. Tuesday Morning Inc., before the Iowa District Court for Jefferson County. Successfully represented Tuesday Morning against Article 9 factoring agreement claims by Bank (and vendor); resolved dispute quickly and favorably for Tuesday Morning, pre-responsive pleading/motion to dismiss.
Kum & Go, L.C. v. Financial Consulting and Trading International, Inc., No. 4:15-cv-00040-HCA, before the United States District Court for the Southern District of Iowa: successfully represented international ATM vendor in ATM contract dispute, resulting in order in favor of vendor, including entitlement to attorneys fees.
Hawkeye Land Co. v. ITC Midwest, LLC, 2015 WL 4741141 (N.D. Iowa 2015): Represent electric transmission company in various forums, including the United States District Court for the Northern District of Iowa, contesting trespass and other commercial trespass claims.
Phoenix International Company, et al v. Infinity Contact, Inc., No 5:13-cv-05905, before the United States District Court for the Northern District of California. Represented call center vendor against TCPA class action claims and related coverage dispute; coverage over several policies, over several years, at issue.
American Broadcasting Companies, Inc., et al v. Aereo, Inc., 2013 WL 5276124 (N.D. Iowa 2013). Successfully represented Aereo-competitor in motion to quash Aereo subpoena seeking competitor’s trade secrets, and securing attorney fee award in favor of client.
Lexington Insurance Company v. Lil’ Drug Store Products, Inc., No. 1230008827, arbitration before JAMS. Represented insured in complex coverage litigation arising from underlying class action suit filed in California. The three judge panel ruled in favor of insured, based on under-developed Iowa coverage law regarding carrier’s right to reimbursement of defense costs.
Berthel Fisher & Company Financial Services, Inc. v. Arch Specialty Insurance Co., Brown & Brown of California, Inc. d/b/a CalSurance Assoc., No. 1:10-cv-000123-JSS before the United States District Court for the Northern District of Iowa. Represented a securities broker-dealer in an errors and omissions coverage dispute against its insurer concerning the scope of coverage owed in response to multiple underlying investor claims seeking millions.
American Program Bureau, Inc. v. Trinity J. Ray, The Tuesday Agency, LLC, and Tuesday Productions, LLC, Case No. 12-cv-10490 before the United States District Court for the District of Massachusetts (Eastern Division). Represented defendants in a claim alleging tortious interference, misappropriation of confidential information and trade secrets. The case involved novel issues in the Second Circuit applying federal law under the Federal Courts Jurisdiction and Venue Clarification Act of 2011, including removal where plaintiff failed to plead the jurisdiction, and transfer of venue where conduct allegedly violating State statute occurred outside of the State and the District Court.
American Foods Group, Inc. v. Iowa Quality Beef, L.L.C., et al., No. 1:06-cv-48-EJM before the United States District Court for the Northern District of Iowa. Representation in a complicated industrial equipment replevin action, resulting in judgment, orders in favor of client.
George Brothers Propane and Fertilizer Corp. v. MMA Insurance Co., et al., No. 4:07-cv-03053-RGK-DLP, United States District Court for Nebraska. Represented health insurer in complex insurance coverage dispute involving the interaction of health insurance and workers’ compensation coverage.
Catholic Order of Foresters, et al. v. U.S. Bancorp Piper Jaffray, et al., 337 F. Supp. 2d 1148 (N.D. Iowa 2004). Represented several insurers in securities fraud action.
Poclaim Hydraulics, Inc. v. Winterthur Int’l., et al., No. 02-CV-1784, Wisconsin State Court, Racine County. Represented insured in coverage dispute involving various CGL policies.
Publications and Speeches
“Battleground Discovery”, Perrin Conferences, Class Action Litigation Conference (2017)
“Ethical Issues in Class Action Practice”, Perrin Conferences, Class Action Litigation Conference (2016)
“Emerging Ethics Topics for In-House Counsel”, 3rd Annual Corporate Counsel Forum, Iowa Chapter of the Association of Corporate Counsel (2016)
“New Federal Rules of Civil Procedure (effective 12/1/2015) and In-House Counsel Considerations of Same”, Iowa Association of Corporate Counsel Annual Meeting (2015)
“New Federal Rules of Civil Procedure”, Perrin Conferences, Class Action Litigation Conference (2015)
“Privileges and Ethical Considerations”, ISBA’s 2015 Government Practice Seminar (2015)
“Risk Management Overview; Policy Types & Coverage Typically Afforded and Additional Insured Coverage”, True North (2013)
“Rotating Shift Considerations Under the ADA: Essential to the Job?”, Bradley & Riley PC / Iowa Chapter of the Association of Corporate Counsel (2013)
“Developments in Broad Form Indemnification Provisions — Issues in Contracting”, Iowa State Bar Association Annual Meeting (2013)
“Effective Conflict Waivers”, Iowa State Bar Association Annual Meeting (2012)
“Ethical Considerations: Internal Investigations; Settlement Negotiations and Agreements”, Iowa State Bar Association Annual Meeting (2011)