2015 Grand Avenue, Des Moines, IA 50312
Notable Cases & Results
Notable Cases & Results From Each of Our Team Members
- Experience and Representative Cases
- 70 oral arguments before the Iowa Supreme Court, Iowa Court of Appeals and the Eighth Circuit Court of Appeals.
- AFSCME Counsel 61 v. State, 484 N.W.2d 390 (Iowa). Recovered 40 million dollars in pay increases awarded by arbitrators to employees following a veto by Governor.
- Davenport teachers arbitration. Recovery of more than 1 million dollars for high school teachers who were assigned additional caseload without compensation.
- Simon Seeding & Sod, Inc. v. Dubuque Human Rights Commission, 895 N.W.2d 446 (Iowa 2017). Successfully represented employee who had been discriminated against by his employer on the basis of race. Precedent setting case on the issue of numerosity requirement in civil rights statute.
- Wilkerson-Moore v. State of Iowa, Department of Human Services, 18 PERB 100788. Wrongful termination case. Successfully represented employee who was terminated without just cause after a twenty-year career resulting in $100,000.00 in back pay.
- Wise v. State of Iowa, Department of Human Services, 16 PERB 100005. Wrongful termination case. Successful representation of a long-time employee terminated without just cause resulting in a back pay award of more than $200,000.00.
- Settlement for a Des Moines Public School administrator terminated without cause in the amount of $350,000.00.
- Successful representation of law enforcement official against weapons manufacturer where deputy’s gun malfunctioned and was shot by alleged perpetrator in the amount of $200,000.00.
- Mary Jo Schmerr v. United States of America. Six figure recovery on retaliation claim against United States Department of Agriculture.
- Davenport Association of Professional Fire Firefighters and City of Davenport, PERB 102164 & 102311. Successfully challenged City’s unilateral action in change of insurance for medications previously available at no cost to the members of the Local.
- Iowa PERB No. 20-GA-026 – Des Moines Association of Professional Firefighters, Local 4 and David Conn and City of Des Moines. Successfully challenged penalty imposed upon employee in an AWOL case resulting in the removal of discipline and restoration of employee’s record.
- UE Local 893/IUP v. State of Iowa, 928 N.W.2d 51 (Iowa 2019). Successful representation of state employees resulting in enforcement of contract covering more than 1,000 employees.
- UE Local 893/IUP v. State of Iowa, 17-2093. Obtained ruling from Court requiring State to reimburse employees for $1,000,000.00 in backpay and requiring State to pay union approximately $1,000,000.00 for failure to deduct union dues. Case is on appeal.
- Renee Sneitzer and State of Iowa (Department of Corrections) PERB 102132 & 102064. Successfully challenged the termination of a female African American administrative law judge resulting in back pay award of more than $600,000.00.
- Mari Sue Blacksmith Worker’s Comp matter. Settlement of worker’s comp case resulting in payment of $200,000.00
- Grievance Nos. 21-GA-009 – Waterloo and Waterloo Assn. of Prof. FF (Eric Schmudlach grievance). Employer filled a promotional vacancy without posting the position pursuant to the contract in claiming a management right to assign. A grievance was filed and Local prevailed on the basis of the contract language and the past practice of the parties.
- Settlements
- Obtained a settlement for a Des Moines public school administrator terminated without just cause in the amount of $350,000.00.
- Successful representation of law enforcement official against weapons manufacturer where deputy’s gun malfunctioned and was shoot twice in the amount of $200,000.00.
- Mary Jo Schmerr v. United States of America. Recovery of $100,000.00 plus for scientist discriminated against by lab.
- Davenport Association of Professional Fire Firefighters and City of Davenport, PERB 102164 & 102311. Successfully challenged City’s unilateral change as to medications available at no cost to the members of the Local.
- Iowa PERB No. 20-GA-026 – Des Moines Association of Professional Firefighters, Local 4 and David Conn and City of Des Moines. Successfully challenged penalty imposed upon employee in an AWOL case resulting in the removal of discipline and restoration of employee’s record.
- UE Local 893/IUP v. State of Iowa, 928 N.W.2d 51 (Iowa 2019). Successful representation of state employees resulting in enforcement of contract covering more than 1,000 employees.
- UE Local 893/IUP v. State of Iowa, 17-2093 Obtained ruling from Court requiring State to reimburse employees for $1,000,000.00 in backpay and requiring State to pay union approximately $1,000,000.00 for failure to deduct union dues.
- Renee Sneitzer and State of Iowa (Department of Corrections) PERB 102132 & 102064. Successfully challenged the termination of a female African American administrative law judge resulting in back pay award of more than half a million dollars.
- Mari Sue Blacksmith Worker’s Comp matter. Settlement of worker’s comp case resulting in payment of $****.
- Grievance Nos. 21-GA-009 – Waterloo and Waterloo Assn. of Prof. FF (Eric Schmudlach grievance). Employer filled a promotional vacancy without posting the position pursuant to the contract in claiming a management right to assign. A grievance was filed and Local prevailed on the basis of the contract language and the past practice of the parties.
- MFPRSI Decisions
Successfully appealed and obtained accidental disability benefits under Iowa Code Chapter 411 for many employees, including, but not limited to the following:- Brian O’Loughlin
- Craig Stone
- Robert Hamilton
- Janet Martin
- Jason Unruh
- Kervin Veasley
- 42 U.S.C. §1983 Litigation
- Estate of Brandon Ellingson, et al. v. Anthony Piercy, et al., Case No. 14-04316-CV-NKL (U.S District Court for the Western District of Missouri 2017). Brandon Ellingson drowned in the Lake of the Ozarks while in the custody of the Missouri State Highway Patrol, specifically Trooper Anthony Piercy. Action was brought against Piercy for Brandon’s death under the Fourth and Fourteenth Amendments of the United States Constitution, pursuant to 42 U.S.C. §1983, and State law claims. Claims were also brought against the Missouri State Highway Patrol, command staff, and direct supervising officers for their involvement in the training and supervision of Piercy and in the investigation of Brandon’s death. After nearly two-and-a-half years of litigation, all claims against Piercy were settled for $9,025,000, making it the 89th largest settlement nationwide for 2017.
- Hill v. Boone, et al, Case No. 4:15-cv-36 (U.S. District Court for the Southern District of Iowa 2016) Brought claims of excessive force and false arrest in violation of the U.S. Constitution, pursuant to 42 U.S.C. §1983, against an officer of the Des Moines Police Department. Settlement of all claims was reached for $250,000.00.
- Estate of Koelker v. Dubuque County, et al., Client filed a civil rights action under 42 U.S.C. § 1983 against Dubuque County and its jailers for failing to take reasonable measures to safeguard Client against suicidal inclination. Due to Defendant’s omission and actions Defendant hung himself. The case was successfully settled for $65,000.00.
- Roskens v. Graham, et al, Case No. 1:18-cv-71 (U.S. District Court for the Northern District of Iowa 2020) Brought claims for unlawful search and seizure invasion of privacy, malicious prosecution, and abuse of process under both the U.S. Constitution, pursuant to 42 U.S.C. §1983, as well as the Iowa Constitution, as well as related State tort claims against the Chief of Police for the City of Ackley, as well as Ackley’s Mayor, City Clerk, and City Counsel, from criminal and civil actions the City had brought against Client.
- Wantoe, et al. v. Archibald, et al., Case No. 1:20-CV-00028 (U.S. District Court for the Southern District of Iowa 2021). Represented a father, mother, and their minor son arising out of traffic stop and K9 search of a vehicle in which they were passengers. Their claims for violation of their rights under the United States and Iowa Constitutions were settled for $200,000.00.
- Wrongful Death / Catastrophic Injury
- $1.5 Million Settlement of Claim against School District from death of a student (2021). Represented the Estate and family of a high school student who died following consumption of a food product to which he was allergic, alleged as having been provided to him be a school staff member.
- Represented the Estates of three college students who was killed in an automobile accident resulting from two bars severing the driver in violation of the Dram Shop statute. Settled through two separate mediations.
- Client was injured in a boating accident and suffered internal injury and soft tissue injuries. The case was successfully settled for $160,000.00.
- Client was injured by a U.S. postal mail carrier vehicle. Client suffered torn muscles, broken ribs and bruising to the chest cavity. The case was successfully settled for $89,000.00.
- Dubuque County Client was riding on his motorcycle and was struck from the rear by a bank employee running errands in her personal vehicle. Client was slammed into the back of a semi-trailer waiting for the light to turn. Client was killed on impact. The case was successfully settled for $750,000.00.
- Client was injured in a boating accident. Client required multiple surgeries, lost income and had permanent scars. The case was successfully settled for $1,340,000.00.
- Client was injured in a car accident on I-80/35 as another vehicle merged into Client’s car, sending the vehicle into the guard rail. Client suffered a torn rotator cuff and a bulging disk. The case was successfully settled for $225,000.00.
- Personal Injury
- Polk County Client was a passenger in an automobile stopped on the travel portion of Interstate 35 due to a traffic backup when it was rear-ended at over 65 mph by a car that did not brake for a traffic stoppage. Client suffered multiple serious injuries including a closed head injury (TBI). The case was successfully settled for $844,000.00.
- Story County Client was traveling on Highway 30 when another vehicle left the travel portion of the road and swerved back onto the road, colliding with the Client’s vehicle at a high rate of speed. Client suffered neck and back injuries resulting in two torn rotator cuffs needing surgery. The case was successfully settled for $130,000.00.
- Polk County Client slipped on icy sidewalk at his apartment complex due to the placement of a down spout that allowed water to run over the sidewalk. Client suffered a fracture of his right tibia and fibula. Client had a plate put in his leg for stability and had permanent scarring. The case was successfully settled for $92,500.00.
- Polk County Client was traveling on Interstate 80 when another vehicle merged to quickly strike the Client vehicle.. Client suffered chest and collar bone injuries resulting in a torn rotator cuff needing surgery and extensive rehabilitation. The case was successfully settled for $150,000.00.
- State Criminal Defense
- State v. Bubu Palo, Story County Case No. FECR047883. Former Iowa State University basketball player charged with two counts of sex abuse in the second degree (class B felonies). Counsel, after extensive pretrial motions and discovery, hired a fabric forensic expert to prove damage done to clothing of the complaining witness and her version of events was physically impossible. The State dismissed all charges after expert’s deposition.
- State v. Joe Williams, Johnson County Case No. FECR063062. Former University of Iowa wrestler and assistant coach charged with sex offense. Jury returned a verdict of not guilty.
- Personal Injury
- A Dallas County Client was assaulted and suffered a broken nose requiring facial surgery. Judgement was entered in favor of the Client for over $87,000.00 in damages. A second defendant settled his claims for $15,000.00 for a total award for the Client of $102,000.00.
- A Johnson County jury awarded over $66,000.00 in damages for a broken wrist after a trip and fall at the University of Iowa Hospitals and Clinics.
- $1.5 Million Settlement of Claim against School District from death of a student (2021). Represented the Estate and family of a high school student who died following consumption of a food product to which he was allergic, alleged as having been provided to him be a school staff member.
- $100,000.00 policy-limits recovery for client involved in rear-end motor vehicle collision.
- $60,000.00 recovery for client who was injured on her rental property and suffered a small laceration to her face.
- Criminal Defense
- A Wapello County Client was charged with two Class C felonies. After review of discovery and the taking of depositions, a dismissal of all charges was awarded.
- A Story County Client was charged with possession with intent to distribute marijuana after he was alleged to have over a pound of the drug in his possession. He was also charged with failure to affix a drug tax stamp, operating while intoxicated and public intoxication. After a lengthy discovery period, the client pled guilty to public intoxication and the remaining charges were dismissed.
- Over the past several years, Chris has created an extensive practice of representing clients with Operating While Intoxicated (OWI) charges. This has led to multiple successful motions to suppress and complete dismissals of charges.
- Employment & Labor Law
- Chris represents individuals throughout Iowa who have been discriminated against based upon their protected characteristics. He has obtained favorable outcomes at every level with many settlements exceeding $100,000.00.
- Chris represented a long time employee of the Des Moines Public School District that was terminated and subjected to age discrimination. After litigation through the Iowa Civil Rights Commission and District Court, the matter was settled for $350,000.00.
- Wilkerson-Moore & State of Iowa (Department of Human Services), 18-PERB-100788. The State of Iowa terminated a 20-year state employee without just cause. Chris represented the employee in front of the Public Employment Relations Board (PERB) and the termination was overturned. The State appealed the matter to the District Court. The District Court upheld PERB’s determination, awarding the employee over $100,000.00 in back pay.
- Wise & State of Iowa (Department of Human Services), 16-PERB-100005. Chris was co-counsel and sought out and obtained the reversal of the State’s decision to terminate an employee with a back pay award that exceeded $200,000.00.
- Chris has successfully negotiated multiple collective bargaining agreements on behalf of labor organizations throughout the state.
- Judgment of over $400,000.00 for employee subjected to sexual assault, harassment, and retaliation while at work (2021).
- Settlement of $175,000.00 for employee subjected to sexual assault, harassment, and retaliation while at work (2021).
- Settled a wage dispute for a group of six (6) healthcare providers for over $300,000.00 for unpaid wages and bonuses.
- Settled a wage dispute for a former executive director for over $50,000.00 in unpaid wages.
- Renee Sneitzer v. State of Iowa (Department of Corrections) 2022-PERB-102064 and 102132. The State of Iowa terminated an Africa-American Administrative Law Judge without just cause. The client also brought claims of disability and race discrimination. Chris represented the employee before the Public Employment Relations Board and District Court. The client was reinstated with full back pay and benefits totaling $670,000.00. The State also paid $225,000.00 to settle the client’s claims for race and disability discrimination.
- Business Law
- Chris represented a Central Iowa business being sued for damages that occurred on the business’ premises. At the trial court level, the judgment was entered in favor of the Plaintiff. Chris and his client, the Defendant, appealed the judgment based on the fact that the Plaintiff was negligent in their actions and directly contributed to the injuries they were claiming. On appeal, the court agreed and dismissed the Plaintiff’s case.
- Administrative Law
- Chris has successfully represented professionally licensed individuals who have faced revocation and suspensions of their professional licenses. Such clients have been licensed with the Iowa Nursing Board, Iowa Board of Educational Examiners, Iowa Board of Social Work and Iowa Board of Dentistry.
- Successfully obtained a full dismissal of an Iowa Board of Educational Examiners' complaint alleging sexual misconduct.
- University Administrative Hearings
- A Drake University student with three prior student conduct code violations was facing expulsion for his alleged fourth violation. The student hired Chris and was able to remain at the University and graduate on time.
- Chris has also represented students and student organizations who have faced student conduct code violations, which have included suspensions and expulsions, at the University of Iowa, Iowa State University, and the University of Northern Iowa.
- Consumer Fraud
- Chris has represented many Plaintiffs in consumer fraud actions against landlords, mechanics, homebuilders and sellers of homes for their negligent actions and fraudulent concealment.
- Appellate Court Representative Cases
- Simon Seeding & Sod, Inc. v. Dubuque Human Rights Commission, 895 N.W.2d 446 (Iowa 2017). Iowa Supreme Court affirmed the numerosity requirement of a local civil rights ordinance and found sufficient evidence to support a finding that our client had been subjected to severe and pervasive harassment based upon his race.
- UE Local 893/IUP v. State of Iowa, 928 N.W.2d 51 (Iowa 2019). Iowa Supreme Court affirmed the District Court’s findings that the employee organization and the State of Iowa had formed an enforceable collective bargaining agreement.
- Workers Compensation
- $200,000.00 recovery for teacher who suffered from occupational asthma due to employer’s treatment of pests in her classroom.
- Estate of Brandon Ellingson, et al. v. Anthony Piercy, et al., Case No. 14-04316-CV-NKL (U.S District Court for the Western District of Missouri 2017). Brandon Ellingson drowned in the Lake of the Ozarks while in the custody of the Missouri State Highway Patrol, specifically Trooper Anthony Piercy. Action was brought against Piercy for Brandon’s death under the Fourth and Fourteenth Amendments of the United States Constitution, pursuant to 42 U.S.C. §1983, and State law claims. Claims were also brought against the Missouri State Highway Patrol, command staff, and direct supervising officers for their involvement in the training and supervision of Piercy and in the investigation of Brandon’s death. After nearly two-and-a-half years of litigation, all claims against Piercy were settled for $9,025,000, making it the 89th largest settlement nationwide for 2017.
- $1.5 Million Settlement of Claim against School District from death of a student (2021). Represented the Estate and family of a high school student who died following consumption of a food product to which he was allergic, alleged as having been provided to him be a school staff member.
- $620k for Settlements of Wrongful Death Claims (2022). Represented the Estates of three individuals who died in a traffic collision.
- $600k for Settlements of Dram Shop and Wrongful Death Claims (2022). Represented the Estates and families of three young men who died in a single vehicle accident against the vehicle’s driver and bars which served him.
- $82.5k for Dental Malpractice Claim (2022). Represented individual in claim against dental provider for malpractice related to dental implants.
- Wantoe, et al. v. Archibald, et al., Case No. 1:20-CV-00028 (U.S. District Court for the Southern District of Iowa 2021). Represented a father, mother, and their minor son arising out of traffic stop and K9 search of a vehicle in which they were passengers. Their claims for violation of their rights under the United States and Iowa Constitutions were settled for $200,000.00.
- $125k for Settlement of Wrongful Death Claim against State of Iowa (2021). Represented the Estate and family of an individual who died while in State custody, pursuing claims in both State and Federal court, including appeal to the Eighth Circuit.
- Pickering v. Thompson, et al., Case No. 3:17-cv-03074 (U.S. District Court for the Northern District of Iowa 2019). Brought claims of excessive force and false arrest in violation of the U.S. Constitution, pursuant to 42 U.S.C. §1983, against officers of the City of Clarion and City of Eagle Grove police departments. Settlement of all claims was reached for $300,000.00.
- Hill v. Boone, et al, Case No. 4:15-cv-36 (U.S. District Court for the Southern District of Iowa 2016). Brought claims of excessive force and false arrest in violation of the U.S. Constitution, pursuant to 42 U.S.C. §1983, against an officer of the Des Moines Police Department. Settlement of all claims was reached for $250,000.00.
- Troutwine v. Collins, Case No. 3:17-cv-03059 (U.S. District Court for the Northern District of Iowa 2018). Represented a family on claims of constitutional violations, brought pursuant to 42 U.S.C. §1983, arising from a false arrest by the former Chief of Police for the City of Otho. All claims were settled for $45,000.00.
- Porter v. O’Neill, 4:17-cv-00372 (U.S. District Court for the Southern District of Iowa 2018). Represented an African-American male against a Des Moines police officer on a claim of an unconstitutional seizure, resolved by settlement for $25,000.00.
- Ward v. Ostergren, Case No. 3:17-cv-00077 (U.S. District Court for the Southern District of Iowa 2018). Successfully resisted dismissal of claims, including those brought under the Iowa Constitution for money damages, in the first cases to apply the Iowa Supreme Court’s independent qualified immunity standard. A settlement was reached.
- Palo v. Iowa State University, Docket No. 12ISU005 (Iowa Dept. of Inspections and Appeals) / Palo v. Iowa Board of Regents, Case No. CVCV048520 (Iowa District Court for Story County) / Palo v. Iowa Board of Regents, Appeal No. 14-1540, 2015 WL 4233055 (Iowa Court of Appeals 2017). From the administrative stage through the Iowa Court of Appeals, represented an Iowa State athlete against allegations of sexual misconduct in violation of Iowa State University policy. Having success at every level, we successfully defended our client against the charges, allowing him to complete his final year of eligibility, earn his degree, and graduate with a clear record.
- White v. Gregg, Case No. CVCV049983 (Iowa District Court for Polk County 2015). Challenged the termination of a contract attorney’s contract to provide representation to indigent criminal defendants. Reached a settlement resolving all claims and obtaining compensation for all work performed under the contract which was still outstanding.
- D&E Properties, LLC v. Makovec, et al, Case No. LACL121981 (Iowa District Court for Polk County 2013). Obtained a judgment on behalf of client for breach of a real estate development contract for approximately $350,000.00.
Ms. Miller has successfully brought numerous private terminations of parental rights actions throughout the State of Iowa.
- Recently, Heidi filed a contempt action allegedly a parent violated the divorce decree by claiming children on their income taxes when they were behind on child support. The Court agreed and Heidi’s client was able to amend their income tax returns to claim the children, was reimbursed for the stimulus money received by the other parent, and was awarded attorney’s fees for having to bring the contempt action.
- Ms. Miller recently represented an African American male arrested and charged with drug and weapons charges. He was pulled over by police for allegedly making an illegal left-hand turn (he turned left into the outside lane). After doing some research, Ms. Miller learned that it’s not illegal to turn in the outside lane when making a left-hand turn. Ms. Miller filed a motion to suppress and the State dismissed all charges against Heidi’s client.
- Heidi has represented many parents in juvenile court who are involved with the Iowa Department of Human Services. She zealously advocates for her clients at all stages of the proceedings. She has assisted numerous parents to get involved in services so they could safely get their children back in their care.
- Ms. Miller represented a young man accused of sexual abuse in the third degree for an offense alleged to have occurred while he was under the age of eighteen. The young man wasn’t formally charged until after he turned eighteen. Ms. Miller requested a reverse waiver to juvenile court. The State argued that due to the young man’s age, his extensive involvement in juvenile court, and the services available in adult court, the adult court was most appropriate. Ms. Miller argued that there was sufficient time for the young man to be rehabilitated in juvenile court and that the young man had already started engaging in services to be rehabilitated and obtained multiple letters of support from various mentors and advocates on behalf of the young man. The Court agreed with Ms. Miller and sent the young man down to the juvenile court. If the young man had stayed in adult court and been convicted he would have been sentenced to up to ten years in prison and would have been placed on the sex offender registry for the rest of his life. In juvenile court, he will continue to receive services and be afforded the opportunity to be a productive member of society. Furthermore, his placement on the sex offender registry is not mandatory in juvenile court.
- Appeals
- In re Marriage of Sobek (2006), Ms. White represented a mother in an appeal of a custody case where the husband was awarded primary custody of the parties young child. Ms. White successfully argued to the appellate court that the evidence did not support the ruling and that the child should have been placed in the primary custody of her client. The matter was returned to the District Court where an order was entered giving Ms. White’s client primary custody of the child.
- State of Iowa vs. Warren County District Court, 828 N.W.2d 607 (Iowa 2013). Ms. White represented a juvenile in a sex abuse case that resulted in the entry of a consent decree. When there was no home setting available for placement of the young man, the prosecutor argued that the law required that the consent decree must be revoked and the juvenile adjudicated a delinquent, which would trigger sex offender registry requirements. The matter went to the Iowa Supreme Court where Ms. White argued that a consent decree in juvenile court should not have to be revoked, and an adjudication entered, simply due to the fact that there was no home setting available for him. The case resulted in a change in the law that now allows juveniles who are subject to a consent decree to be placed in an out of home setting without risking the negative consequences of an adjudication. Her client successfully completed his consent decree and has gone on to be a productive member of his community.
- In re T.H. (2013), Ms. White represented an unfortunate young juvenile who had been part of the juvenile system for many years as a result of his parent’s parental rights being terminated when he was four years old. At 14, he was charged with a felony level assault. In the delinquency matters that followed, he argued for a consent decree. When placement in a residential facility became necessary, the Court declined to approve his consent decree due to the need for placement and adjudicated him a delinquent. On appeal, Ms. White prevailed in her argument that the law allows for out of home placement pursuant to a consent decree under the circumstances of the case. She further argued that the juvenile court abused its discretion in stating an adjudication was the only option available. The appellate court agreed and remanded the matter for entry of consent decrees on all charges. Her client was able to avoid a felony level adjudication and all the potential repercussions associated with a felony adjudication in juvenile court.
- State of Iowa v. Querrey, 871 N.W.2d 126 (Iowa 2016). Ms. White represented her client on the appeal of a life sentence following a conviction for first degree murder. He client was charged and convicted of murder in the first degree in 1991 when he was 16 years old. He began serving a life sentence when he was 17 years old. The appeal ultimately resulted in a ruling that made him immediately eligible for parole.
- State v. White, 903 N.W.2d 331 (Iowa 2017). Ms. White represented her client who was charged with three separate Class B felony charges as a juvenile and was waived to adult court where he received mandatory prison terms in each case. In the appeal of his convictions, Ms. White argued that a mandatory minimum sentence should not be applied to juveniles and that the sentencing Court failed to make a proper inquiry into the client’s history in ordering the mandatory prison term. The matter was returned to the District Court where the client was determined to be immediately eligible for parole without serving the mandatory minimum prison term.
- State v. Krieger, (2019). Ms. White represented her client in the appeal of his conviction for multiple burglaries. She successfully argued that there was insufficient evidence to support verdicts. The appellate court agreed and her client was immediately acquitted of all charges.
- Family
- Dissolution of Marriage. (2006), Ms. White represented a mother in an appeal of a custody case where the husband was awarded primary custody of the parties young child. Ms. White successfully argued to the appellate court that the evidence did not support the ruling and that the child should have been placed in the primary custody of her client. The matter was returned to the District Court where an order was entered giving Ms. White’s client primary custody of the child.
- Modification of Custody. Ms. White represented the mother of two young children in a modification of custody action. The matter was highly contested and Ms. White ultimately prevailed in gaining sole legal and primary care of the children for her client as well as a significant modification of child support. The husband in the case was found in contempt of the custody and visitation order and was directed to pay significant fees and expenses. The use of an expert for the custody matter was significant in winning a favorable outcome.
- Modification of Child Support. Ms. White successfully defended her client in regard to a modification of child support and spousal support. The husband claimed that there was a significant change in circumstances that warranted the modification. At trial, Ms. White was able to demonstrate that there was not a change in circumstances since the decree was entered and that the claimant was engaged in extravagant spending. Attorney fees and costs were part of the award as well as retroactive spousal support and child support.
- Juvenile
- Juvenile Court Appeal. State of Iowa vs. Warren County District Court, 828 N.W.2d 607 (Iowa 2013). Ms. White represented a juvenile in a sex abuse case that resulted in the entry of a consent decree. When there was no home setting available for placement of the young man, the prosecutor argued that the law required that the consent decree must be revoked and the juvenile adjudicated a delinquent, which would trigger sex offender registry requirements. The matter went to the Iowa Supreme Court where Ms. White argued that a consent decree in juvenile court should not have to be revoked, and an adjudication entered, simply due to the fact that there was no home setting available for him. The case resulted in a change in the law that now allows juveniles who are subject to a consent decree to be placed in an out of home setting without risking the negative consequences of an adjudication. Her client successfully completed his consent decree and has gone on to be a productive member of his community.
- Juvenile Court Appeal. (2013), Ms. White represented an unfortunate young juvenile who had been part of the juvenile system for many years as a result of his parent’s parental rights being terminated when he was four years old. At 14, he was charged with a felony level assault. In the delinquency matters that followed, he argued for a consent decree. When placement in a residential facility became necessary, the Court declined to approve his consent decree due to the need for placement and adjudicated him a delinquent. On appeal, Ms. White prevailed in her argument that the law allows for out of home placement pursuant to a consent decree under the circumstances of the case. She further argued that the juvenile court abused its discretion in stating an adjudication was the only option available. The appellate court agreed and remanded the matter for entry of consent decrees on all charges. Her client was able to avoid a felony level adjudication and all the potential repercussions associated with a felony adjudication in juvenile court.
- Termination of Parental Rights. Ms. White recently got a termination of parental rights ruling reversed by arguing the District Court failed to properly apply the requirements of the Indian Child Welfare Act in regard to expert testimony from the representative tribe.
- Child in Need of Assistance. Ms. White represented a young refugee mother who was accused of intentionally placing a hot iron on her young son’s face, causing significant burns. The mother claimed the injury was accidental and that she did not intentionally harm her son. The client was involved in juvenile court where she was facing a termination of her parental rights. Ms. White presented expert testimony that the injury was indeed an accidental injury and the child was returned to his mother.
- Delinquency. Ms. White represented a 16 year-old juvenile who was charged with possession of pornography. She successfully argued that the material was not pornography and the charges were dismissed. Her client avoided an adjudication in juvenile court and possible repercussions such as the requirement to register as a sex offender.
- Criminal
- Criminal Appeal. State of Iowa v. Querrey, 871 N.W.2d 126 (Iowa 2016). Ms. White represented her client on the appeal of a life sentence following a conviction for first degree murder. He client was charged and convicted of murder in the first degree in 1991 when he was 16 years old. He began serving a life sentence when he was 17 years old. The appeal ultimately resulted in a ruling that made him immediately eligible for parole.
- Criminal Appeal. State v. White, 903 N.W.2d 331 (Iowa 2017). Ms. White represented her client who was charged with three separate Class B felony charges as a juvenile and was waived to adult court where he received mandatory prison terms in each case. In the appeal of his convictions, Ms. White argued that a mandatory minimum sentence should not be applied to juveniles and that the sentencing Court failed to make a proper inquiry into the client’s history in ordering the mandatory prison term. The matter was returned to the District Court where the client was determined to be immediately eligible for parole without serving the mandatory minimum prison term.
- Criminal Appeal. State v. Krieger(2019). Ms. White represented her client in the appeal of his conviction for multiple burglaries. She successfully argued that there was insufficient evidence to support verdicts. The appellate court agreed and her client was immediately acquitted of all charges.
- Criminal Case. State v. Scoggins, (2010). Ms. White represented a young man who was charged with 2nd degree Robbery, a Class C felony. After conducting depositions and other discovery, the case was dismissed and her client exonerated of all charges.
- Criminal Case. State v. McGee, (2014). Ms. White represented a young man charged with 3rd degree Burglary, a Class D felony. Following an investigation into the charges, and arguing there was insufficient evidence to charge the client, all charges were dismissed.
- Criminal Case. State v. Soulia, (2019). The client was charged with Intimidation with a Dangerous Weapon, a Class C felony. After conducting significant discovery and setting the matter for trial, the State agreed to amend the charge to disorderly conduct, a Simple Misdemeanor.
- Criminal Case. State v. Landry, (2020). Ms. White represented a client who was subject to a restitution fee in excess of $35,000 as a result of a criminal charge. She successfully represented her client at the restitution hearing and the client was ultimately absolved of all restitution obligations and did not have to make any payment in regard to restitution.
- Criminal Case. State v. Burdess, (2021). Following a jury trial, the client was acquitted of charges of Theft in the Fourth Degree.
- Criminal Case. State v. Penick, (2022). Following a jury trial, the client was acquitted of charges of Assault Causing Serious Injury.
- Criminal Case. State v. Aguilar, (2022). Ms. White represented a young man who was charged with Sexual Abuse in the Third Degree, a Class C Felony that carried potential lifetime repercussions in regard to sex offender registry and parole obligations. By pursing a vigorous defense through pre-trial motions, the charges were ultimately dropped and the client was exonerated of all charges.
- Criminal Case. State v. Smith, (2022). Ms. White’s client was charged with a felony level drug offense. Ms. White filed a successful motion to suppress the evidence due to a violation of her client’s constitutional rights and the case was dismissed.
- Ms. White has represented many clients in OWI and drug possession matters and has successfully brought motions to suppress and other arguments that resulted in favorable outcomes for her clients.
- Civil
- Motor Vehicle Accident. Ms. White represented a client who was involved in a serious motor vehicle accident resulting in soft tissue injuries. A policy limit award of $100,000 was negotiated on behalf of the client, and then Ms. White was able to secure an additional award of $25,000 under the client’s underinsured provisions of their policy.
- Slip and Fall. As a result of a slip and fall in a commercial business which caused her client severe ankle injuries requiring hospitalization and surgery, Ms. White was able to negotiate a $125,000 settlement on behalf of her client.
- In re Gary Fairbanks, Inc., 111 B.R. 809 (Bankr. N.D. Iowa 1990) (attorney fee dispute, duties of trustee vs. trustee's attorney).
- In re Fort Dodge Creamery Company, 117 B.R. 438 (N.D. Iowa 1990) (Bankruptcy Rule 9027 - trustee's removal and remand of shareholder's derivative action).
- Matter of Dubberke, 119 B.R. 677 (Bankr. S.D. Iowa 1990) (dismissal of case under Section 707(b), substantial abuse).
- In re Fort Dodge Creamery Company, (Cossitt v. First American State Bank), 121 B.R. 831 (Bankr. N.D. Iowa 1990) (avoidance and recovery of postpetition transfer under Section 549).
- In re Courson, 138 B.R. 928 (Bankr. N.D. Iowa 1992) (attorney fees for preparation and defense of fee application not recoverable from estate).
- In re Ratka, 144 B.R. 94 (Bankr. N.D. Iowa 1992) (denial of creditor's motion to file late objection to final report based upon "excusable neglect" in FRBP 9006.
- In re Dencklau, 158 B.R. 796 (Bankr. N.D. Iowa 1993) (recovery of damages from county sheriff and court clerk for postpetition enforcement of prepetition garnishment).
- In re Stratton, 248 BR 177 (Bankr. D. Mont. 2000) (cramdown of mobile home in Chapter 13 proceeding; owner competent under FRE 701 to testify as to value of own property).
- In re Vitek, 271 BR 551, 560 (S.D. Ohio 2001) (earlier CLE materials on § 523(a)(15) ability to pay test cited with approval as authority by the Court).
- Till v. SCS Credit Corp., 124 S. Ct 1951, 1975 (2004). Researched and prepared a paper entitled “Chapter 13 Attorney Fee Survey”, for ABI 2003 Annual Meeting which was cited by Justice Scalia in his dissent in Till.
- In re Yellowstone Mountain Club, 2009 Bankr. LEXIS 2047; Bankr. L. Rep. (CCH) P81,522; 62 Collier Bankr. Cas. 2d (MB) 1120, SUBSEQUENT HISTORY: Motion denied by Credit Suisse v. Official Comm. of Unsecured Creditors (In re Yellowstone Mt. Club, LLC), 415 B.R. 769, 2009 Bankr. LEXIS 4025 (Bankr. D. Mont., 2009). Served as local counsel to creditors committee in main chapter 11 proceeding and weeklong trial to successfully subordinate Credit Suisse loan for $250 million.