The next time you buy something in a store or order an item online, take a look at the fine print that accompanies the item. Few people read or even notice that fine print, but it can become very important if a legal claim arises over the product’s quality or performance.
Read MoreI’ve frequently written about the need for expert testimony in cases that involve water. Those cases usually involve landowner disputes, in which one owner sues another because of water flowing onto the owner’s land. Those cases usually fail without an expert witness regarding the source and cause of the water intrusion. But in Putnam v. Walther, the Iowa Court of Appeals ruled that such expert testimony is also necessary in a case in which Putnam, a real estate buyer, sued the sellers of her home, the Walthers, claiming that they failed to disclose issues with the home that allowed water intrusion.
Read MoreA major concern about the freewheeling social media commentary is whether people and businesses are still protected from defamatory statements, even if those statements are merely made in a social media post or comment to a post. Defamation concerns false statements of fact that tend to injure the reputation of a person or business. Do the traditional principles of defamation still apply in the wild west of social media commentary? A recent Iowa Court of Appeals decision says that they do, although the court cautioned that people and business need to have a thicker skin regarding social media commentary given the prevalence of social media criticism that occurs nowadays.
Read MoreFireplaces are common in residential homes and frequently used during cold weather months. That’s a bit of a paradox given that fireplaces invite into a home the very things that the occupants are most concerned about — fire and carbon monoxide. But fireplaces can be safe, aesthetically pleasing and enjoyable, and energy savers when properly installed and used. We discuss how to safely use and enjoy your fireplace.
Read MoreYou may not think about it, but fall driving presents more safe driving challenges than winter often does. With winter driving, you mainly have to worry about snow and ice on the roads. It’s static; nothing much changes about that. But during the fall, weather and road conditions are constantly changing, often rapidly from one day to the next. Let’s discuss some of the driving challenges, many unique, to driving during the fall.
Read MoreWe’ve received a lot of calls lately from folks having trouble with their unemployment benefits claims. The issue’s usually that Iowa Workforce Development has denied a claim. Lately, that denial’s frequently coupled with IWD’s demand that the person repay any benefits that have already been received. We’re seeing a few common problems and misunderstandings that are leading people to that point and wanted to clear them up.
Read MoreIn the past few months, many people have made internet statements about certain issues and groups. That’s occurring at an unusually frequent level. Employment terminations also seem to be happening at an unusual level in response to such statements. Let’s review why that’s happening and whether such terminations are legal.
Read MoreHave you thought about your property line lately? Does a neighbor have a fence, retaining wall, or landscaping along the property line? Are you sure that such things aren’t encroaching onto your property? These are legitimate things to consider because, under certain circumstances, the property lines can be redrawn without your agreement. Let’s discuss how.
Read MoreThe COVID-19 pandemic has led to extraordinary changes in the American economy. Some of them are ongoing. Some may last for a while or be permanent. But the fact remains that American businesses have been interrupted in a way not seen since World War Two. Now that businesses are reopening, it’s time to survey the legal carnage left behind by this historic series of events.
Read MoreWarm weather also means the start of construction season. It’ll be common for motorists to encounter construction zones with temporary orange signage, orange barrels, flaggers, decreased lanes, altered traffic routes, and lower speeds. It’s important for the safety of you, your passengers, other drivers, and construction workers to be careful when navigating construction zones.
Read MoreThere’s much discussion right now regarding whether businesses should remain open in the face of the COVID-19 virus. The debate concerns not only whether the state or federal government should order shutdowns, but whether businesses should voluntarily do so to protect employees, customers, visitors, and others. But there’s another question that few are asking – What liability exposure does a businesses face if the government allows it to remain open, the business chooses not to voluntarily close, and a COVID-19 infection can be traced back to the business?
Read MoreWe riders all know that feeling. Motoring along in a line of traffic with an intersection ahead, an opposite-facing vehicle with its left turn indicator on waiting for a break in the traffic to punch through its left turn. You ease off the throttle and get ready to brake, wondering if that oncoming driver will see you and not start the left turn ten feet before you reach the vehicle. We discuss how left-turn collisions happen and ways to try to avoid them.
Read MoreThe Iowa Court of Appeals issued two decisions last week, including a ruling in one of our cases, that concerned Iowa’s employee drug and alcohol testing statute, Iowa Code 730.5. Those decisions add to the ongoing clarification of several unclear aspects of the testing statute. We discuss the lessons from our case.
Read MoreWe’re monitoring a decision from a Minnesota federal court in a Family and Medical Leave Act (“FMLA”) case issued earlier this year, Evans v. Cooperative Response Center, Inc.. The case concerns the possibility that employees could be fired for overusing intermittent FMLA leave. The decision also reminds employees that they cannot miss work for every medical condition simply because they have FMLA protection for one of their medical conditions.
Read MoreWith all the concerns over distracted driving, particularly because of smartphone use, has anyone considered that drivers for rideshare companies like Uber and Lyft may be some of the most distracted and dangerous drivers?
Read MoreI’ve frequently written about motorcycle accidents. They can be caused by improper motorcycle use, the negligence of other drivers, and road or weather conditions. But there’s another possible, although much rarer, cause of motorcycle crashes — Defective motorcycles. Let’s discuss that.
Read MoreThe concept of the “gig economy” is receiving increased attention. It’s even been mentioned during the presidential race. But what exactly is a “gig worker” and does federal overtime law apply to gig workers?
Read MoreI’ve previously written about the need for expert testimony to support a property owner’s claims that flooding is being caused by an adjacent property owner’s land use. These types of claims seem to be increasingly common in Iowa. A recent Iowa Court of Appeals decision is a reminder that cases involving water runoff or flooding are often complicated and will usually fail without expert testimony to support the argument that the neighboring landowner is causing the water issues.
Read MoreYour social media posts are not necessarily private once you’ve filed a lawsuit. Lawsuit opponents are allowed to use things you post on Facebook, Twitter, Instagram, or any of countless internet websites and blogs against you. If you’re involved in any type of claim, that information could compromise your case. Quite honestly, once you’re considering a legal claim, and certainly once you’ve filed one, it’s to not post anything even remotely related to that claim anywhere on the internet.
Read MoreOne type of real estate litigation claim is an action for “private nuisance.” A private nuisance is an actionable interference with a person’s interest in the private use and enjoyment of the person’s land. Parties must use their own property in such a manner that they will not unreasonably interfere with or disturb their neighbor’s reasonable use and enjoyment of the neighbor’s property.
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