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Posted on: Nov 14, 2023

The Iowa Citizen Action Network recently hosted an important panel discussion that tackled pertinent safety issues within Iowa's nursing home industry. Key figures, including Dean Lerner, Clark Kauffman, John Hale, Sen. Claire Celsi, Sue Dinsdale, and moderator Savannah Hinze, provided insights into challenges faced by nursing home residents and caregivers in the state.

Clark Kauffman's Revelations
Investigative reporter Clark Kauffman presented findings that revealed concerning conditions in some Iowa nursing homes. Even facilities marketing themselves as "premier health care facilities" faced piles of regulatory violations. Ivy at Davenport, for instance, showed a range of issues from medication errors and staff shortages to unsanitary conditions, rodent infestations, and illicit drug use. Pine Acres in West Des Moines, previously without a poor safety record, accumulated 62 citations within a matter of weeks, this happened after being acquired by a New York hedge fund.

Dean Lerner's Insights on Ownership
Dean Lerner, former director of the Department of Inspections and Appeals, shared that Iowa's nursing home landscape is primarily composed of 230 for-profit homes, 179 not-for-profit homes, and 12 government-run homes. 

John Hale Advocates for Staffing Minimums
Advocate John Hale drew attention to a recent Biden administration recommendation on staffing minimums in nursing homes. The recommendation proposes 2.45 hours of care from a nurse aide daily, along with at least 33 minutes of care from a registered nurse. Hale considers this recommendation inadequate, but a necessary starting point.

Forced Arbitration
Clark Kauffman and Dean Lerner explained that there are major barriers for Iowans to hold these nursing homes accountable in civil court. For starters, upon moving in, residents at most Iowa homes are asked to sign away their right to trial by jury with what is called a mandatory arbitration agreement. With these agreements, residents are unknowingly agreeing that they will not sue the nursing home in open court, but will settle disputes in a hidden process with a nursing-home-selected arbiter serving as judge and jury. Lerner describes these agreements as "terrible," and harmful to residents. To pile on top of these unconstitutional agreements, the legislature recently passed a bill that would force a cap the value of a nursing home resident's life in a lawsuit, which minimizes the accountability of the entire industry. 

Tip for Iowa Families
Clark Kauffman strongly recommends that families request the recent meeting minutes from resident council meetings. These meetings are a forum for the existing residents to air grievances, and it can be enlightening for families considering that facility for care. 

Conclusion
The Iowa Citizen Action Network's panel discussion shed light on critical issues within the state's nursing home industry. From substandard living conditions to the influence of profit motives on care quality, these revelations continue to demand attention. 

Posted on: Nov 14, 2023

Iowa Association for Justice Hosts 2023 Annual Convention in Des Moines

Recognizes 2023 Award Recipients; Raises money for SoldierStrong

DES MOINES, IA – November 14, 2023 – The Iowa Association for Justice (IAJ) was pleased to host its 50th Annual Convention on November 9-10 in Des Moines. Regarded as one of the top events in Iowa for attorneys, this two-day convention brought together nearly 400 trial lawyers from throughout the state.

During the event, trial lawyers involved in the association raised over $10,000 towards IAJ’s Justice in Deed partner, SoldierStrong. With these generous contributions, IAJ’s total support to SoldierStrong this year is now over $20,000.

“We are grateful to have a strong partnership with SoldierStrong through our Justice in Deed initiative,” said Andrew Mertens, executive director of IAJ. “Giving back is a natural extension of a trial attorney’s professional purpose – to help struggling Iowans get back on their feet. That is why we’re working with SoldierStrong to directly aid America’s veterans. This financial support is just a token of our appreciation for all they do.”

In addition, IAJ was honored to recognize the 2023 award recipients in six different categories.

IAJ 2023 Verne Lawyer Outstanding Member Award – Kim Baer of Des Moines

The Verne Lawyer Outstanding Member Award is IAJ’s most prestigious membership accolade. This award bears the name of a titan in the Iowa trial lawyer profession. It serves as a tribute to those who have demonstrated extraordinary dedication to either advancing the legal profession or enhancing the Trial Lawyers Association itself. This year, we are honored to recognize Kim Baer of Baer Law Office in Des Moines. This award is in recognition of Kim’s exceptional leadership in honoring the association’s legacy through two milestone anniversary events. Her years of service and leadership in the trial bar have consistently elevated our group and its work to new heights.

(Pictured left to right: Dean Keegan (IAJ 50th President), Chayce Glienke (IAJ Award Honoree), Kim Baer (IAJ Award Honoree), Andrew Mertens (IAJ Executive Director)

IAJ 2023 Judicial Achievement Award – Honorable Paul Miller of Iowa City

It is with great honor and appreciation that we present the Judicial Achievement Award to Judge Paul Miller. This award is in recognition of Judge Miller’s distinguished service to the people of Iowa, first as a practicing trial attorney and leader in the trial bar, and later as an exceptional district court judge. His knowledge of the law, compassion, and fairness on the bench serve as an exemplary model for his colleagues.

IAJ 2023 Meritorious Achievement Award – The Iowa Academy of Trial Lawyers

It is with immense pride and appreciation that we present Meritorious Achievement Award to Iowa Academy of Trial Lawyers. This award is in recognition of 60 years of the Academy’s unwavering passion that the scales of justice never be weighed against any person, now or forever, and that judicial officers of our state continue to be selected by merit alone.

IAJ 2023 Roxanne Conlin Public Justice Award – Disability Rights Iowa

This year’s recipient of the Roxanne Conlin Public Justice Award is Disability Rights Iowa. This award is in recognition of DRI’s successful pursuit of justice for residents of the Boys State Training School in Eldora. DRI brought to light the abhorrent conditions endured in Eldora. By holding the state accountable for systematic torture and the deprivation of constitutional rights, they forced necessary changes in the conditions at the school and improved the lives of the children living there.

IAJ 2023 William J. Wimmer Key Person Award – Chayce Glienke of West Des Moines

IAJ is honored to recognize Chayce Glienke as the recipient of the William J. Wimmer Key Person Award. This award is in recognition of Chayce’s skilled and unyielding efforts to convey the real-life stories of her clients, and all plaintiffs, to the Iowa legislature in the fight to protect and defend the right to trial by jury.

IAJ 2023 Excellence in Journalism Award – Tom Loewy of Davenport

IAJ is pleased to present Tom Loewy with the Excellence in Journalism award. This award is in recognition of Tom’s detailed reporting on the state of Iowa’s indigent defense crisis and how it is impacting citizens of the Quad Cities. In a powerful article titled "No Volunteers, So Local Attorneys May Be Required to Represent the Poor," Loewy uncovered the imminent challenges faced by indigent individuals in accessing legal representation.

For more information about IAJ, please visit www.iowajustice.org.

 

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Headquartered in West Des Moines, the Iowa Association for Justice (IAJ) is a leading organization dedicated to advocating for justice and the rights of individuals in Iowa. With a membership comprising attorneys and legal professionals committed to upholding the principles of fairness, accountability, and justice, IAJ serves as a vital resource for its members and the community.

 

Contact

Madi Mills, Director of Marketing & Communications

Iowa Association for Justice

(515) 809-9684 | mmills@iowajustice.org

Posted on: Nov 14, 2023

Iowa Association for Justice Installs New Officers to Leadership

DES MOINES, IA – November 14, 2023 – The Iowa Association for Justice (IAJ) is pleased to announce the installation of new executive officers and members to the board of governors. The official installment took place during the 2023 Annual Convention (November 9-10) in Des Moines.

The following IAJ members were installed as executive officers.

  • President – Angelina Thomas of Ames (Newpoint Law Firm)
  • President Elect – James H. Cook of Cedar Falls (Daniels, Hines, Kalkhoff, Cook & Swanson)
  • First Vice President – Brooke Timmer of West Des Moines (Timmer & Judkins)
  • Second Vice President – Danny Cornell of Mt. Pleasant (Cornell Injury Law)
  • Parliamentarian – Emily Anderson of Cedar Rapids (RSH Legal)

“IAJ works tirelessly to protect the constitutional rights of Iowans taking on more powerful entities in court, such as insurance companies or the government,” said Dean Keegan, IAJ immediate past president. “Throughout Angie Thomas’s career, she has worked with fellow trial attorneys to broaden the scope and mission of this association. As our 51st president, I know Angie will work hard to defend the rights of all Iowans pursuing justice in our courts.”

The following IAJ members were elected to positions on the board of governors from the various judicial election districts across the state. Election balloting took place preceding the Annual Convention.

  • Judicial Subdistrict 1A – Sam Wooden of Dubuque
  • Judicial Subdistrict 1B – John J. Rausch of Waterloo
  • Judicial Subdistrict 2A – Timothy Lapointe of Mason City
  • Judicial Subdistrict 2B – Shawn Smith of Ames
  • Judicial Subdistrict 3A – Jack Bjornstad of Spirit Lake
  • Judicial Subdistrict 3B – Al Sturgeon of Sioux City
  • Judicial Subdistrict 4 – TJ Pattermann of Council Bluffs
  • Judicial Subdistrict 5A – Kim Baer of Des Moines
  • Judicial Subdistrict 5C – Jill Zwagerman of Des Moines
  • Judicial Subdistrict 6 – Darin Luneckas of Cedar Rapids
  • Judicial Subdistrict 7 – Andrea Jaeger of Davenport
  • Judicial Subdistrict 8A – Joanne Reed of Fairfield
  • Judicial Subdistrict 8B – Ed Prill of Burlington

In addition, the following IAJ members were elected to at-large positions on the board of governors.

  • Steven Ballard of Iowa City
  • Anthony Bribriesco of Bettendorf
  • Sarah Centineo of Bellevue, NE
  • Rob Conklin of Urbandale
  • Chayce Glienke of West Des Moines
  • Cory Gourley of West Des Moines
  • Molly Hamilton of Clive
  • Shannon Henson of Des Moines
  • Stuart Higgins of West Des Moines
  • Peter Larsen of Urbandale
  • Ben Long of Cedar Rapids
  • Erik Luthens of West Des Moines
  • Dustin Mueller of Des Moines
  • Beth Pudenz of Perry
  • Tony Olson of Cedar Rapids

The following IAJ members are additional or standing members of the board of governors.

  • Eric Tindal (of Iowa City) will serve by virtue of his standing as chair of IAJ’s criminal law section.
  • Jason Neifert (of West Des Moines) will serve by virtue of his standing as chair of IAJ’s workers’ compensation section.
  • Gary Mattson (of Des Moines) will serve by virtue of his standing as chair of IAJ's Justice For All PAC.
  • Amy Beck (of Johnston) will serve by virtue of her standing as chair of IAJ’s new lawyers section.
  • Dean Keegan (of Iowa City) will serve by virtue of his standing as immediate past president of IAJ.
  • Eashaan Vajpeyi (of Waterloo) will serve by virtue of his standing as past president of IAJ (once removed). 
  • Brian Galligan (of Clive) will serve by virtue of his standing as an American Association for Justice (AAJ) Governor.
  • Amber Haberl (of Clive) will serve by virtue of her standing as an American Association for Justice (AAJ) Governor.
  • Marc Harding (of Des Moines) will serve by virtue of his standing as an American Association for Justice (AAJ) Governor.
  • Roxanne Conlin (of Des Moines) will serve by virtue of her standing as an Association of Trial Lawyers of America/AAJ past president.

“Our board of directors is comprised of a dedicated team of leaders committed to advocating for justice and the rights of all Iowans,” said Andrew Mertens, IAJ executive director. “We are excited for the year ahead, and the opportunity to further our mission through the experience and determination of the board.”

In addition, we are pleased to announce the elected officers of the Iowa Foundation for Justice, the 501(c)(3) public education and community service arm of the Iowa Association for Justice. The Foundation supports efforts to educate Iowans about the role that trial lawyers play in helping Iowans pursue justice in our courts, even when taking on the most powerful institutions. Elected officers include:

  • President – Tom Wertz of Cedar Rapids (Wertz Law Firm)
  • Vice President – Janece Valentine of Fort Dodge (Valentine Law Office)
  • Secretary/Treasurer – Neven Mulholland of Fort Dodge (The Johnson Law Firm)

Trial lawyers who are members of IAJ practice law in multiple areas, including workers’ compensation, personal injury, criminal defense, employment discrimination, family law, and more. IAJ members are dedicated to making sure any person who is injured at work, injured by the misconduct or negligence of others, or accused of a crime can get justice in the courtroom.

See our full list of executive officers and board of governors. Please click here for additional board member headshots.

 

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Headquartered in West Des Moines, the Iowa Association for Justice (IAJ) is a leading organization dedicated to advocating for justice and the rights of individuals in Iowa. With a membership comprising attorneys and legal professionals committed to upholding the principles of fairness, accountability, and justice, IAJ serves as a vital resource for its members and the community.

 

Contact

Madi Mills, Director of Marketing & Communications

Iowa Association for Justice

(515) 809-9684 | mmills@iowajustice.org

Posted on: Oct 30, 2023

The following article was originally published in the October 2023 Issue of the 'Iowa Trial Lawyer' magazine.

In the world of law where the stories of attorneys can often follow a traditional narrative, it’s not frequent that you come across someone who’s background is as interesting as it is captivating. Unconventional is the best way to describe Sam Wooden, the Dubuque-based attorney who went from the stages of Nashville to the courtroom.

Sam’s journey began in the small town of Scales Mound, Illinois, where he broke the mold early by learning to play the fiddle at age four. Aside from enjoying music, he also took a keen interest in being an attorney.

“I saw Hook. Peter Pan was a lawyer in that movie, and he dominated,” said Wooden, jokingly. “I was also that nerd who watched Meet the Press every Sunday morning. As a kid, it seemed like everyone who was involved in making important decisions was a lawyer. So, I thought to myself, ‘to be somebody who is influencing our country, you have to be a lawyer’.”

After completing his undergrad at Buena Vista University in Storm Lake, Sam went on to get his law degree at the University of Kentucky. All the while, doing musical performances in bars and eventually landing in the heart of Nashville’s Music Row.

For the next five years Sam would dedicate majority of his time to chasing a career in country music, performing in some of Nashville’s most notable spots like The Bluebird Café, Douglas Corner Café, and popular bars along Broadway.

“During my time in Nashville, I did a criminal defense practice literally out of my car,” said Wooden. “I gave music a shot. After five years, I figured it was time to go become an adult.”

In 2015, Sam made his way back to Iowa. Having connections in Dubuque, he established himself as a criminal defense and personal injury attorney at a private practice. It wouldn’t take long for him to forge his own path once again, eventually running for Dubuque County Attorney in 2022.

“I really care about the position and thought I could do a great job making things better,” said Wooden. “But, like anything else, it’s a lot of work that takes sacrifice.”

One of the biggest sacrifices would be his time. Throughout his campaign trail, Sam knocked on nearly 9,000 doors to build support for his candidacy. While his campaign fell just a few hundred votes shy of victory, Sam could rely on the support from his peers and Association.

“Lawyers tend to do a great job of supporting other lawyers, that has been my experience since becoming involved with IAJ,” said Wooden. “Many came to bat for me throughout my campaign.”

Since becoming a member and then joining the Board of Governors in 2018, Sam has experienced first-hand the community that IAJ has created for attorneys throughout the state. Whether it be connecting in-person at an event or online through the listserve, members have a forum to seek advice and share wins with their peers.

“I specifically remember going to my first IAJ Annual Convention and thinking ‘oh my god, lawyers are normal and friendly people!’, which hadn’t always been my experience,” said Wooden. “It’s a reflection on the culture that IAJ has built for its members.”

Whether it’s running for public office or looking for guidance on a case, IAJ has been a stabilizing force that Sam turns to when seeking support.

Following his campaign run, Sam joined the distinguished team at RSH Legal based in Cedar Rapids this past January. When Sam isn’t fighting for his clients in the courtroom, he enjoys spending time outdoors bow hunting, trapping and golfing. And, of course, sharing all these moments with his wife, Sarah, and their two young boys, Jasper and Graham.

Towards the end of my conversation with Sam, I asked how he and Sarah had met. His response made us both laugh.

“Our mutual colleagues were trying to set us up,” said Wooden. “They had told Sarah that I was a country singer and a lawyer. To which she replied, ‘pass and pass’.”

“Pass” might’ve been Sarah’s first reaction to the country singing attorney, but when you get to know Sam, you immediately feel his sense of passion for the profession and life itself. The small-town kid who went from the stages of Nashville to the courtroom in Iowa is anything but conventional, and his hard working, dream chasing mentality is one you’ll find hard to pass on.

Posted on: Oct 23, 2023

DES MOINES, IA – October 23, 2023 – The Iowa Association for Justice (IAJ) is pleased to announce Aaron Chandler of Indianola as our most recent recipient of the Bryard & Marcia Braley Scholarship. Chandler was awarded $1,000 to further support his pursuit of an Associate of Science degree in computer information systems at Des Moines Area Community College.

The Bryard & Marcia Braley Scholarship was established and is administered by IAJ’s Workers’ Compensation Section. IAJ Past President, Bruce Braley, seeded the fund by making a generous donation in his parent’s name to the Iowa Foundation for Justice. 

“Aaron understands first-hand the impact that a workplace injury can have on Iowans and their families,” said Andrew Mertens, Executive Director of IAJ. “This scholarship is intended to assist Iowans, like Aaron, in the pursuit of further education. We are happy to be in a position to help.”

The Byard & Marcia Braley Scholarship was established as a joint venture of the Iowa Association for Justice (IAJ) and the Iowa Foundation for Justice (IFJ). IAJ is an organization of trial lawyers who fight for justice in courtrooms and communities across Iowa.

Trial lawyers who are members of IAJ practice law in multiple areas, including workers’ compensation, personal injury, criminal defense, employment discrimination, family law, and more. IAJ members are dedicated to making sure any person who is injured at work, or by the misconduct or negligence of others, can get justice in the courtroom. The Iowa Foundation for Justice is the education and community service arm of IAJ.

For more information about the Iowa Association for Justice and to explore the new brand identity, please visit www.iowajustice.org.

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The Iowa Association for Justice (IAJ) is a leading organization dedicated to advocating for justice and the rights of individuals in Iowa. With a membership comprising attorneys and legal professionals committed to upholding the principles of fairness, accountability, and justice, IAJ serves as a vital resource for its members and the community.

Posted on: Oct 4, 2023

The Iowa Association for Justice (IAJ) is pleased to announce our most recent recipients of the Bryard & Marcia Braley Scholarships. This scholarship was established and is administered by IAJ’s Workers’ Compensation Section. IAJ Past President, Bruce Braley, seeded the fund by making a generous donation in his parent’s name to the Iowa Foundation for Justice. 

This year’s recipients include Debbie Wessels of Cascade, Meghan Dittmar of Cedar Rapids, and Paullette Millard of Sioux City. All recipients were awarded a $1,000 scholarship to further support their pursuit of education at their respective entities.

Wessels is attending the Peosta campus of Northeast Iowa Community College where she is studying to become a Registered Nurse. This is the third year Wessels has received IAJ’s Byard Braley Scholarship for injured workers and their family members. 

Dittmar is attending Kirkwood Community College where she is pursuing a degree in accounting. Upon her expected completion, Dittmar will be the first college graduate in her family. This is the first year Dittmar has received IAJ’s Byard Braley Scholarship for injured workers and their family members. 

Millard is attending Western Iowa Tech Community College where she is studying to become a Registered Nurse. This is the first year Millard has received IAJ’s Byard Braley Scholarship for injured workers and their family members. 

“These recipients understand first-hand the impact that a workplace injury can have on Iowans and their families,” said Andrew Mertens, Executive Director of IAJ. “This scholarship is intended to assist Iowans like Debbie, Meghan and Paullette in the pursuit of further education. We are happy to be in a position to help.”

The Byard & Marcia Braley Scholarship was established as a joint venture of the Iowa Association for Justice (IAJ) and the Iowa Foundation for Justice (IFJ). IAJ is an organization of trial lawyers who fight for justice in courtrooms and communities across Iowa.

Trial lawyers who are members of IAJ practice law in multiple areas, including workers’ compensation, personal injury, criminal defense, employment discrimination, family law, and more. IAJ members are dedicated to making sure any person who is injured at work, or by the misconduct or negligence of others, can get justice in the courtroom. The Iowa Foundation for Justice is the education and community service arm of IAJ.

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The Iowa Association for Justice (IAJ) is a leading organization dedicated to advocating for justice and the rights of individuals in Iowa. With a membership comprising attorneys and legal professionals committed to upholding the principles of fairness, accountability, and justice, IAJ serves as a vital resource for its members and the community.

Posted on: Sep 29, 2023

Why do people sue insurance companies? Most of us instinctively know the answer. Sometimes insurance companies don’t do the right thing. Consider Ernest Wilcke from Spirit Lake, a Purple Heart veteran who fought at Iwo Jima. He filed a claim with his insurance company in 2015 after a neighborhood fire destroyed his roof. His insurance company wouldn’t cover it. That is, until a jury of Iowa citizens stepped in and ordered them to do it. Consider Lon Tweeten, from Woolstock, who bought workers’ comp insurance for his farm operation. In 2018 his son and sole employee got hurt on the job. Every judge has ruled in Lon’s son’s favor, but the insurance company is appealing to the Supreme Court, still refusing to pay his medical bills. Why did they sue? Well, what choice did they have? Insurance companies deny legitimate claims like Ernie’s and Lon’s every day. Thankfully, Iowa juries and the courts are there to correct these mistakes.

Grinnell Mutual’s CEO wrote a guest essay Sept. 24 warning of climbing insurance rates. He blamed inflation, climate change, and, in small part … his own policyholders. He claimed that litigation and large jury verdicts have increased. But that’s not true. There were twice as many tort lawsuits filed in Iowa 20 years ago compared to today, according to the Iowa state court administrator. The national VerdictSearch database shows the number of verdicts over $1 million have shrunk by two-thirds since 2010.

So here is a quick reminder to the Iowa insurance industry. Yes, we are all rooting for you to remain solvent and profitable. We all need insurance coverage after all. But if you don’t want to get sued by your policyholders, then take better care of your policyholders. When an Iowa jury has to step in and order you to pay insurance claims, you have no one to blame but yourself.

— Andrew Mertens, Iowa Association for Justice, West Des Moines

Letter published in the Des Moines Register here.

Posted on: Sep 14, 2023

Eagle Firms are IAJ's top supporters. Every member of these firms provide support to the Iowa Association for Justice through contributor level dues, to our 501(c)(3) Foundation (Iowa Foundation for Justice), and through our Justice for All Political Action Committee. When it comes to protecting rights and righting wrongs, IAJ Eagle Firms are "all in." 

Contact us about becoming IAJ's next Eagle Firm.

Thank you to our Anchor Eagle Firms listed below. 

 

Visit the IAJ Eagle Firm page to learn more.

Posted on: Sep 13, 2023

DES MOINES, IA – September 18, 2023 – The Iowa Association for Justice (IAJ) is proud to announce a significant milestone in our history with the unveiling of a comprehensive brand refresh effort. This transformation reflects our organization's commitment to innovation, growth, and a renewed focus on serving the legal community and the people of Iowa.

Founded in 1973, the Iowa Association for Justice has been a prominent force in the legal landscape of Iowa, advocating tirelessly for justice, fairness, and the rights of individuals. The brand refresh initiative represents a strategic evolution to better align with the changing needs of our members, partners, and the public.

Key Elements of the Brand Refresh

New Logo and Visual Identity: IAJ's new logo is a symbol of its enduring commitment to justice and fairness in Iowa. It embodies our organization's values and reflects the strength and unity of our members. The fresh visual identity introduces a modern, forward-looking image while preserving the rich heritage and tradition that IAJ is known for.

Enhanced Online Presence: The IAJ website has been completely revamped to provide a more user-friendly experience, making it easier for members, partners, and the public to access important resources, news, and updates. Plus, it's all now accessible via your mobile phone!

"We are thrilled to introduce IAJ's new look and new website," said Andrew Mertens, executive director of the Iowa Association for Justice. "This is a year of major milestones and change. This transformation not only modernizes our visual identity but helps to make interacting with your association online much easier."

The IAJ brand refresh comes after months of planning and consultation with members, partners, and stakeholders. For more information about the Iowa Association for Justice and to explore our new brand identity, please visit our website here.

Posted on: Aug 30, 2023

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