RESULTS FOR PRACTICE AREA CATEGORY: Litigation & Trial Law

Apr. 16, 2012J. Marc Ward, Iowa LLC Blog
LLC operating agreement can supplant implied duty of good faith

A recent Delaware Court of Chancery ruling suggests drafters of LLC operating agreements may want to consider establishing a process by which managers of LLCs can be deemed to act in good faith and avoid application of the implied duty of good faith.

Mar. 16, 2012David M. Repp
Parental liability in Iowa: Who pays for Dennis’s menace?

To what extent can Iowa parents be liable for damages caused by their children? Generally, under common law, parents are not responsible unless the damages can be directly attributable to some action or inaction of the parent. Under the Iowa Parental Responsibility Act, though, parents may be liable for their children’s unlawful acts no matter how closely they are supervised or controlled.

Mar. 15, 2012John E. Lande, Iowa Banking Law Blog
Courting business: Iowa Civil Justice Task Force recommends specialized business courts

On March 14 the Iowa Civil Justice Task Force released recommendations for reforming the state’s civil justice system, including a recommendation to establish specialized “business courts.” Before Iowa can launch a business court system, however, two important issues must be addressed.

Mar. 6, 2012Russell L. Samson, Iowa Employer Law Blog
Employer’s award of attorney fees reversed by Eighth Circuit in Iowa sexual harassment case

The Eighth Circuit reversed a decision by a federal judge in the Northern District of Iowa to award attorney fees and costs to the defendant-employer in EEOC v. CRST Van Expedited, Inc. following a series of rulings which effectively dismissed sexual harassment claims brought by the EEOC on behalf of 270 women.

Mar. 5, 2012J. Marc Ward, Iowa LLC Blog
Charging orders cannot grant managerial rights in an LLC

The Nevada Supreme Court ruled in Weddell v. H2O, Inc., 128 Nev. Adv. Op. #9, (Nev. March 1, 2012) that a judgment creditor is like an assignee of a membership interest. The creditor is entitled to only the share of the distributions the member would otherwise have received. The managerial interest of the debtor remains with the debtor.

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