Nancy J. Penner, Shuttleworth & Ingersoll, P.L.C.

Practice Areas

  • Appellate Law
  • Health Law
  • Litigation
  • Medical Malpractice

Admitted to Practice in

  • Iowa state courts
  • Northern District of U.S. District Court of Iowa
  • Southern District of U.S. District Court of Iowa
  • Eighth Circuit Court of Appeals
  • U.S. Supreme Court

Contact Information

Nancy J. Penner
Attorney, Senior Vice President
Shuttleworth & Ingersoll, P.L.C.

Phone: (319) 365-9461
Email:
Fax: (319) 365-8443

Nancy's Assistant

Name: Haley Fauconniere
Phone: (319) 365-9461

About Nancy J. Penner

Nancy Penner is an Attorney and Senior Vice President at Shuttleworth. She focuses on legal writing, appellate law, and medical malpractice.  Her practice includes providing research, analysis, and legal writing for a wide variety of clients and cases.  Her appellate practice includes briefing and oral arguments before the Iowa Supreme Court, Iowa Court of Appeals, and the United States Court of Appeals for the Eighth Circuit. She serves as chair of the firm’s Appellate Law Practice Group.

Nancy grew up on a farm in southeast Iowa.  She earned her undergraduate and graduate degrees in nursing and worked in area hospitals for ten years before entering law school.  Her health care work experience included intensive care nursing, nursing education and staff development, and hospital risk management.

Education:

  • Mount Mercy College, B.S. Nursing and Biology (summa cum laude) (1981)
  • University of Iowa, M.A. Nursing (1985)
  • University of Iowa, J.D. with Highest Distinction (Order of the Coif) (1994)
    • Iowa Law Review--Managing Editor (1993-1994)
    • Recipient – John F. Murray Academic Award

Professional Affiliations

  • Iowa State Bar Association (Member of the Health Law Section) (Council Chair-2003-2004) (Member of Appellate Practice Committee 2015-present)
  • Linn County Bar Association
  • Iowa Society of Healthcare Attorneys (President-2005-2006)

Awards and Recognitions

  • Named Cedar Rapids Lawyer of the Year in Appellate Practice by Best Lawyers® 2014
  • Listed in The Best Lawyers in America®—Appellate Law
  • Listed as a Great Plains Super Lawyer®
  • Martindale-Hubbell, Inc. Rating “AV”
  • Recipient of Governor’s Volunteer Award (2009)
  • Waypoint Women of Achievement Honoree (2005)
  • Leadership For 5 Seasons (class of 1999)

Community and Personal

  • Iowa Legal Aid (Volunteer Attorney)
  • Current and/or past involvement in healthcare, human services, nursing, and faith-based organizations and groups.

Representative Work/Cases

Nancy has experience with the legal issues inherent in medical malpractice, product liability, medical device and pharmaceuticals, and commercial litigation.  She provides legal analysis, writing and oral argument on the following substantive and procedural matters in state and federal litigation:

  • Daubert motions
  • Motions to dismiss for lack of personal jurisdiction
  • Applications for temporary and permanent injunctions
  • Evidentiary and discovery motions
  • Motions for summary judgment
  • Trial pleadings, including motions in limine and jury instructions
  • Post trial motions
  • Appeals
  • Applications for interlocutory appeals

Nancy has been involved in 54 appeals before the Iowa Supreme Court and Court of Appeals and 10 appeals before the United States Court of Appeals for the Eighth Circuit, including the following:

  • Plowman v. Fort Madison Community Hospital, 896 N.W.2d 393 (Iowa 2017)
  • T. Zenon Pharm., LLC v. Wellmark, Inc., 2015 WL 9450469 (Iowa Ct. App. 2015)
  • Hawkeye Land Company v. Iowa Utilities Board, 847 N.W.2d 199 (Iowa 2014)
  • Nordine v. Woodburn, 2013 WL 6116884 (Iowa Ct. App. 2013)
  • Hammen v. Iles, 2013 WL 2368810 (Iowa Ct. App. 2013)
  • Davis v. Paul, 2012 WL 2405198 (Iowa Ct. App. 2012)
  • Morales v. Miller, 2011 WL 222527 (Iowa Ct. App. 2011)
  • Rettenmaier v. Finley Hospital, 2011 WL 1584582 (Iowa Ct. App. 2011)
  • Wilson v. Iowa Clinic, 2009 WL 4114166 (Iowa Ct. App. 2009)
  • Moonsammy v. Mercy Hospital, 2009 WL 2525500 (Iowa Ct. App. 2009)
  • Day v. Finley Hospital, 769 N.W.2d 898 (Iowa Ct. App. 2009)
  • Smith v. Koslow, 757 N.W.2d 677 (Iowa 2008)
  • McVay v. Bergman, 2006 WL 2690225 (Iowa Ct. App. 2006)
  • Peppmeier v. Murphy, 708 N.W.2d 57 (Iowa 2005)
  • Schoff v. Combined Ins. Co. of Am., 604 N.W.2d 43 (Iowa 1999)
  • Midwest Home Distrib. v. Domco Indus., 585 N.W.2d 735 (Iowa 1998)
  • Catipovic v. Peoples Cmty. Health Clinic, 401 F.3d 952 (8th Cir. 2005)
  • Krueger v. Johnson & Johnson, 66 Fed. Appx. 661 (8th Cir. 2003)

Additional reported cases for which Nancy had primary writing responsibility include:

  • Estate of Bruess v. Blount Int'l, Inc., 2011 WL 2680760 (N.D. Iowa July 8, 2011) adopted 2012 WL 37167.
  • Estate of Bruess v. Blount Int'l, Inc., 2011 WL 2133626 (N.D. Iowa May 26, 2011)
  • Archer Daniels Midland Co. v. Eco, Inc., 821 F. Supp. 2d 1083 (S.D. Iowa 2011)
  • BBCM, Inc. v. Health Sys. Int'l, LLC, 2010 WL 4607917 (N.D. Iowa Nov. 4, 2010) adopted 2010 WL 5418892

From the Desk of Nancy J. Penner

Kunde v. Estate of Bowman

Posted

This case includes discussion of the following: The failure of equitable claims of quantum meruit and unjust enrichment as a matter of law given the existence of an express agreement on the same [...]

Nancy J. Penner in the News