Iowa Questions & Answers

Q: I can prove perjury effected outcome of small claims in Iowa. Can I sue them again in small claims?

1 Answer | Asked in Civil Litigation and Contracts for Iowa on
Answered on Dec 9, 2018
Erik Luthens' answer
If the appeal time has not yet run, you should raise that issue on appeal. If the appeal time has passed, you can try to file another action based on the fraud perjury) the other party committed.

Q: Is there any cases where I can find details about damage claims in a contract

1 Answer | Asked in Business Law for Iowa on
Answered on Nov 22, 2018
Timur Akpinar's answer
There are, but “damages” is a broad subject, where there are different types of damages, such as compensatory, punitive, consequential, among others. If this is for general knowledge or research, you can find a great deal of information on the subject of damages. If this is for an actual real-life situation, an attorney in your jurisdiction could probably provide more meaningful guidance regarding damages in a contract matter.

Tim Akpinar

Q: Can I see a Dr for telling me there's nothing wrong with .e and sending me on my way when there was something wrong?

2 Answers | Asked in Medical Malpractice for Iowa on
Answered on Nov 6, 2018
Erik Luthens' answer
After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?

Q: Is it safe to travel with expired conditional greencard and the receipt that indicates my status is extended for 18 mo.?

2 Answers | Asked in Immigration Law for Iowa on
Answered on Nov 3, 2018
Peter Munsing's answer
Travel overseas, as an Iranian, on a card that hasn't been reissued? From one of the six banned countries? Sorry, you are looking at possibly being held, if not excluded on your return trip. What you need to do is speak with an attorney--they should be a member of AILA or have an immigration specialization certification from the Pennsylvania Courts.

Q: If a trademark saying was active but has now been abandoned, can I step in and take over with a similar trademark?

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Iowa on
Answered on Nov 3, 2018
Andrew Zulieve Esq's answer
If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under common law principles. Determining if a trademark is actually abandoned is fact-driven and can be complex and complicated. Accordingly, you should have an experienced trademark attorney explore fully...

Q: I was in a motorcycle accident Nov 7 2016 I didn't have insurance. The other driver ran a red light and hit me no ins

3 Answers | Asked in Car Accidents and Personal Injury for Iowa on
Answered on Oct 7, 2018
Stephen Douglas Lombardi's answer
That's a difficult question to answer without having more information about the accident and without being able to read the accident report from the police department that investigated the accident. I will be in the office after 2:30 Pm today if you would like to discuss the situation.

Q: My mother passed from a blood clot after a epidermal injection but was never told she had blood clots forming can we sue

1 Answer | Asked in Medical Malpractice for Iowa on
Answered on Sep 27, 2018
Erik Luthens' answer
In any medical malpractice claim, the primary issues are:

(1) Did a physician, nurse or other health care provider ("HCP") have a duty to provide some type of medical treatment to a patient?

(2) If the HCP did have such a duty, did the HCP breach the standard of care owed to a patient? In other words, did the HCP make an avoidable mistake (also known as "negligence")?

(3) If the HCP did have a duty and there was a breach in the standard of care, did the HCP's...

Q: I injured my elbow and shoulder at work as a drywall finisher ,they denied it simply because I was off on the exact date

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on Sep 18, 2018
Erik Luthens' answer
Since you already have an attorney, I suggest that you schedule a mutually convenient appointment with him / her (rather than randomly calling on the phone) to fully discuss all of the concerns you have with your claim. This will allow both you and your attorney to be prepared to have a meaningful discussion. If you are not satisfied after having the discussion, I suggest that you contact an attorney in the Drs Moines area to discuss your situation.

Erik Luthens...

Q: Is there anything I can do about three Iowa city bar serving my 20-year-old son alcohol leaving ham rushed to the ER

1 Answer | Asked in Civil Litigation for Iowa on
Answered on Sep 5, 2018
Erik Luthens' answer
Unfortunately, the bars would likely sssert a complicity defense in the event that your son sued them on a dramshop theory for his injuries and would likely be successful.

Q: Do I need to hire a private lawyer to file a civil suit

1 Answer | Asked in Civil Litigation for Iowa on
Answered on Aug 30, 2018
Erik Luthens' answer
Just as you don’t need to hire a contractor to build your house, you don’t need to hire an attorney to file a lawsuit . However, when your house crumbles or your lawsuit gets dismissed due operator errors, you have no one but yourself to blame. You retain professionals for a reason.

Q: Walmart is searching customers after they've paid, as they try to leave the store.

1 Answer | Asked in Consumer Law and Civil Rights for Iowa on
Answered on Aug 9, 2018
Gary Kollin's answer
Here is a law review article from 2009 discussing this issue

Q: Is there any thing I can do about a man making a sexual video tape of me while I was past out due to intoxication?

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Iowa on
Answered on Jul 22, 2018
Erik Luthens' answer
You may have the grounds to go forward with a criminal complaint through the local county attorney’s office as well as a civil action against the man in question. I suggest that you immediately contact an attorney in Iowa who handles civil litigation.

Erik Luthens


Luthens Law Offices, P.C.

1200 Valley West Drive, Ste. 304-01

West Des Moines, IA 50266

Tel: (515) 222-1697 Fax: (515) 222-2655


Q: I was a victim in a bank robbery and was assulted, later diagnosis with ptsd and had to leave my job can i sue the banks

1 Answer | Asked in Civil Litigation for Iowa on
Answered on Jun 27, 2018
Erik Luthens' answer
If the bank failed to take reasonable precautions to make its premises relatively safe, then you might have a claim worth pursuing. A significant issue is whether the robbery in question was reasonably foreseeable by the bank.

Q: Can I remove the doors from my car? I live in iowa.

1 Answer | Asked in Car Accidents for Iowa on
Answered on Jun 24, 2018
Peter Munsing's answer
For street use? I doubt its legal. If it won't pass inspection then it's not legal.

Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Answered on Jun 21, 2018
Erik Luthens' answer
In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your damages, I.e., was your attorney’s error à substantially contributing factor to the bad result you obtained; and (3) had it not been for your attorney’s error, would you have likely succeeded on...

Q: Can I travel internationally while my I-140 and I-485 pending?

2 Answers | Asked in Immigration Law for Iowa on
Answered on Jun 6, 2018
Carl Shusterman's answer
You can travel abroad using your advance parole.

Q: My husband had a workers comp lawsuit. It was settled out of court. Would there be a case number.

1 Answer | Asked in Workers' Compensation for Iowa on
Answered on May 22, 2018
Erik Luthens' answer
Yes. Contact: Iowa Workforce Development (Division of Worker's Compensation), 1000 E. Grand Avenue, Des Moines, IA 50319. Tel: (515) 725-4120

Q: Can I sue a hospital for misdiagnosing me and almost causing me to die?

2 Answers | Asked in Medical Malpractice for Iowa on
Answered on May 21, 2018
Stephen Douglas Lombardi's answer
Quick Answer: Anyone can file suit. But can you win? Probably not. Maybe, but probably not.

Why not? There are so many things wrong with the facts of which you described, that I am not even sure where to begin, but let's limit the issues and see if I can shed some light on why-not.

Long Answer: First of all you didn't die. You lived. You are alive. And therefore you have no wrongful death suit for almost dying. In the eyes of the law, sort of dying is sort of like being almost...

Q: My husband is blind and requires a driver who is employed on a as needed basis . His works from home and travels .

1 Answer | Asked in Employment Discrimination for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
Discrimination claims depend on facts, and there simply aren't enough here to make a determination either way.

Q: im in Iowa any my neohew was charged with criminal mischeif in the second degree. the damage did no exceeded 2000.00,

1 Answer | Asked in Criminal Law for Iowa on
Answered on May 9, 2018
Erik Steven Fisk's answer
Criminal mischief, second degree is a Class D felony. Under Iowa Code 902.9(1)(e); "A class “D” felon, not an habitual offender, shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars."

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