Blog posts in category Mollie Pawlosky

The fifth protection for ag borrowers during foreclosure

Posted on 03/02/2017 at 12:09 PM by Mollie Pawlosky

Categories: Banking Law, Commercial Litigation, Mollie Pawlosky, Real Estate & Land Use

Tagged As: ag lending, agriculture, foreclosures, Iowa farmland, protections for agricultural borrowers

The fifth protection for ag borrowers during foreclosure

The fifth protection for ag borrowers:  The lender is barred from seeking foreclosure without redemption. If the mo...

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The fourth protection for ag borrowers during foreclosure

Posted on 03/02/2017 at 10:32 AM by Mollie Pawlosky

Categories: Banking Law, Commercial Litigation, Mollie Pawlosky, Real Estate & Land Use

Tagged As: ag lending, agriculture, foreclosures, Iowa farmland, protections for agricultural borrowers

The fourth protection for ag borrowers during foreclosure

The fourth protection for ag borrowers:  The borrower is allowed to seek a continuance. A continuance may allow the...

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Homestead Act trumps city ordinance

Posted on 02/28/2017 at 10:21 AM by Mollie Pawlosky

Categories: Bankruptcy Law, Commercial Litigation, Mollie Pawlosky

Tagged As: First American Bank, First American Bank v Urbandale Laser Wash, Homestead Act, Iowa Commercial Litigation, Iowa Court of Appeals, Iowa Supreme Court, Land Use & Zoning Law - Des Moines Iowa

Homestead Act trumps city ordinance

As judgment debtor platting a homestead so as to comply with the half acre maximum allowed under Iowa’s homestead...

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Policy statute of limitations did not bar bad faith suit

Posted on 12/20/2016 at 12:19 PM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky

Tagged As: American Family Insurance, bad faith, insurance agent, Iowa Commercial Litigation, statute of limitations

Policy statute of limitations did not bar bad faith suit

Thomas and Lana Schlapkohl brought a claim for bad faith against their insurance carrier, American Family Insurance, all...

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Litigating for 31 months waived right to arbitration

Posted on 12/20/2016 at 11:58 AM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky

Tagged As: arbitration, assessing prejudice, Iowa Commercial Litigation, Heartland Cooperative Co. v Murphy

Litigating for 31 months waived right to arbitration

Waiving the right to arbitrate requires conduct or activity inconsistent with the right to arbitrate, as well as prejudi...

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Tavern exercised reasonable care, because harm was not foreseeable

Posted on 12/20/2016 at 11:24 AM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky

Tagged As: foreseeable harm, Iowa Commercial Litigation, Knight v Elm King Enterprises, personal injury, reasonable care

Tavern exercised reasonable care, because harm was not foreseeable

The question whether a defendant breached a duty to an injured person turns on whether the defendant has exercised reaso...

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Listen to everything the witness says before trying to impeach

Posted on 12/19/2016 at 08:29 AM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky

Tagged As: impeach, Iowa Commercial Litigation, Iowa Court of Appeals, witness, witness testimony

Listen to everything the witness says before trying to impeach

Mendez sued an apartment building owner and the building’s manager after slipping and falling down a flight of ext...

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Conversion or breach of contract?

Posted on 11/17/2016 at 03:16 PM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky

Tagged As: breach of contract, Iowa Court of Appeals

Conversion or breach of contract?

A recent opinion by the Iowa Court of Appeals questions whether a dispute between parties to a custom farming contract w...

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Debtor May Prefer a Creditor, Even Out of Spite

Posted on 11/15/2016 at 10:44 AM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky

Tagged As: Commercial Litigation - Des Moines Iowa, Iowa Commercial Litigation, Iowa Court of Appeals, Mollie Pawlosky, Travelers Indemnity Co. v. D&L Resources

Debtor May Prefer a Creditor, Even Out of Spite

A debtor with multiple creditors is allowed to “prefer one creditor over another by way of sale, mortgage, or the...

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Plaintiff’s Claim for Consequential Damages was “Doomed to Fail,” Based on Theory of the Case

Posted on 11/14/2016 at 10:18 AM by Mollie Pawlosky

Categories: Commercial Litigation, Mollie Pawlosky

Tagged As: Car Wash Consultants, Inc v N/S Corporation, implied warranty of merchantability, Iowa Commercial Litigation, Iowa Court of Appeals

Plaintiff’s Claim for Consequential Damages was “Doomed to Fail,” Based on Theory of the Case

A party may recover consequential damages caused by a breach of the implied warranty of merchantability, but the breach...

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