Memorial Day weekend marked the beginning of the 100 deadliest days of driving during the summer months. The days between Memorial Day and Labor Day averages about 33 traffic related deaths in Iowa, including motorcyclists injured in collisions with cars. Because motorcyclists are particularly vulnerable in a car crash, riders are encouraged to take defensive… [Read More]
Racial Discrimination and the Hostile Work Environment
Typically when someone brings a racial discrimination case, harassment must be severe and “pervasive” enough to create a hostile work environment. However, even a single incident of severe harassment can sometimes create a hostile work environment resulting in a Title VII claim of workplace discrimination. To demonstrate the point, the U.S. 5th Circuit recently… [Read More]
Types of Compensation in a Personal Injury Case
The types of compensation known as “damages” that an injured party can pursue in a personal injury case are compensatory and punitive. Compensatory damages seek to reimburse or compensate an injured party for the harm they have suffered, whereas punitive damages are awarded to punish the wrongdoer for egregious or despicable behavior that resulted in… [Read More]
Sexual Orientation and Gender Identity Discrimination in the Workplace
Federal law prohibits sexual orientation and gender identity (SOGI) discrimination in any aspect of employment whether discrimination takes place as part of the hiring process, the assignment of job positions, promotions, terminations, or any other condition of employment. It is also unlawful to subject employees to workplace harassment that creates a hostile work environment based… [Read More]
Improper Supervision in a Nursing Home Resulting in Injury
Nursing homes have the responsibility to properly supervise residents, many of whom suffer varying levels of cognitive decline, which can result in falls or fatal injuries if they wander into unsafe areas or elope from the nursing home facility. If a resident is injured in a nursing home facility because the nursing home did not… [Read More]
Sex Discrimination, Pregnancy, Motherhood
The U.S. Equal Employment Opportunity Commission is suing a popular big box retailer alleging that an employee suffered “inexcusable and unlawful” discrimination at an Ottumwa, Iowa store. The sexual discrimination suit alleges, that an employee was not promoted due to sex discrimination. The employee, who was encouraged by management to apply for an available manager,… [Read More]
Reprieve From Vaccine Mandates for Many Iowa Employees
To the relief of employees strongly opposed to vaccine mandates, last month the U.S. Occupational Safety and Health Administration (OSHA) withdrew the Emergency Temporary Standard (ETS) requiring private employers with 100 or more employees to implement a vaccine or test policy. The news followed the U.S. Supreme Court’s stay on enforcement pending a decision by… [Read More]
Unnecessary Surgeries Result in Medical Malpractice Claims
The vast majority of doctors in the U.S. will not advise a patient to undergo surgery unless it is necessary. However, there are some unscrupulous surgeons who will recommend surgeries that are not medically for profit or, in other cases, a surgeon may advise surgery by mistake. Both scenarios can be extremely dangerous to patients… [Read More]
Loss of Parental Consortium Claims
In Iowa, consortium claims involving children may involve a parent suing for injury and death of a child or a child suing for injury or death to a parent ~ aka the loss of parental consortium. A child’s claim to damages caused by the death or injury of a parent to an accident, defective product,… [Read More]
Damages for Loss of Spousal Consortium
When a spouse is killed due to the negligence of another, a surviving spouse may sue the responsible party for loss of consortium. What is Spousal Consortium? Spousal consortium refers to the fellowship between spouses and the right of each spouse to benefit from their relationship in terms of financial support, company, aid, affection and… [Read More]
