Jahnke v. Deere & Co., et al.
May 21, 2018
The Iowa Civil Rights Act's extraterritorial application and whether it applies to a United States citizen working abroad.
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Failure of Joint Inventors to Agree Leaves Both in the Dog House
May 16, 2018
Disputes between business partners are a regular occurrence. At Shuttleworth & Ingersoll, we advise our clients to have a direct conversation with their partners about equity, responsibilities, and decision-making authority before investing capital and labor in an idea.
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Banwart v. 50th Street Sports, L.L.C. d/b/a Draught House 50
April 18, 2018
Under Iowa Code § 123.92(1)(a), a plaintiff must demonstrate that a defendant licensee or permittee, sold and served alcohol to an allegedly intoxicated person (AIP) when it knew or should have known that the AIP was intoxicated or would become intoxicated, and that the AIP's intoxication proximately caused the plaintiff's injury. Here, the Iowa Supreme Court found that where an AIP consumed three beers in the span of four hours at a licensee's establishment, evidence of subsequent intoxication alone creates an inference that the bar sold and served beer to the AIP when it knew or should have known she was or would become intoxicated.
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DOL Disability Regulations and the Impact on ERISA Plans
March 14, 2018
Earlier this year the Department of Labor announced that its final rule amending the claims procedures for plans providing disability benefits under Section 503 of ERISA will become effective April 1, 2018.
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In re Marriage of Erpelding
March 13, 2018
This case includes discussion of the following: Whether a provision waiving attorney fees in the parties' premarital agreement is an enforceable provision.
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Cote v. Derby Insurance Agency, Inc. and Kevin Dorn
March 12, 2018
Applicability of the employee-numerosity requirement in the Iowa Civil Rights Act (ICRA) to corporations.
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2017 Tax Act Update: Overview of 199A Deductions
March 6, 2018
One of the most favorable and substantial changes in the 2017 Tax Act (the “Act”) for closely held business owners is what is commonly referred to as the “pass-thru deduction.” Contrary to its common name, this deduction is not limited to pass-thru entities. This new deduction is available to sole proprietorships as well as partnerships, limited-liability companies, and S corporations. It provides a deduction of up to 20% of qualified business income.
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Shuttleworth Listed Among Top Patent Firms for 2017
March 1, 2018
Shuttleworth & Ingersoll has been added to the list of Top Patent Firms for 2017, having obtained 99 utility patents for its clients from U.S. Patent and Trademark Office (USPTO).
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Fenceroy v. Gelita USA
February 27, 2018
The Faragher-Ellerth defense and whether it constitutes a waiver of attorney-client privileged presuit investigation materials. The Court affirmed the lower court's denial of a protective order which sought to prevent the deposition and disclosure of the investigating attorney. The case was remanded for further proceedings.
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Kunde v. Estate of Bowman
February 26, 2018
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 subject. The development and history of promissory estoppel in Iowa, including inconsistency in Iowa case law with some decisions applying a “three-element test” and others applying a “four-element test.”
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Now is the Time to Review Paid Leave Policies
February 19, 2018
Under the tax act signed into law at the end of December 2017, employers that provide paid family and medical leave to their employees are entitled to a federal tax credit for a portion of those wages paid. This applies in 2018 and runs through 2019. Even though it is only effective through 2019, for now, it is a valuable tax credit to consider taking advantage of, and it may end up being extended.
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P.M. and C.M. v. T.B. and D.B.
February 16, 2018
Filed: February 16, 2018 by Iowa Supreme Court (No. 17-0376)
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