It is a well established principle of Iowa's Dram Shop Act that in order to be liable to a third party for damages, an establishment must have "sold and served" an alcoholic beverage to a person that it knew or should have known would become intoxicated. See Iowa...
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RICHARDS OBTAINS SUMMARY JUDGMENT FOR A BAR UNDER THE “SOLD AND SERVED” REQUIREMENT OF THE IOWA DRAM SHOP ACT
On Behalf of Betty Neuman McMahon PLC | Aug 18, 2020 | Amanda Richards, Attorneys, Blog, Civil Litigation, Recent Verdicts/Decisions
Under the Iowa Dram Shop Act, in order for a tavern to be liable for damages to a third person, the establishment must have "sold and served" an alcoholic beverage to a person it knew or should have known was or would become intoxicated (also known as "an alleged...
What to do if you are facing a frivolous negligence claim
On Behalf of Betty Neuman McMahon PLC | Apr 7, 2020 | Civil Litigation
Business owners in Iowa such as grocery store owners, restaurant owners and others that serve the public take great measures to make sure their business is clean, safe and inviting. But no matter how diligent business owners are, there will be those who act out of...
A New Era in Dram Shop Litigation
On Behalf of Betty Neuman McMahon PLC | Feb 26, 2020 | Civil Litigation
On July 1, 2018 a new amendment to the Iowa Dram Shop was enacted that creates the potential for new defenses and strategies for taverns defending against these claims. We are essentially now entering a whole new era of Dram Shop litigation.
Richards obtains Summary Judgment in a Complex Litigation against Local Church
On Behalf of Betty Neuman McMahon PLC | Jan 2, 2020 | Civil Litigation, News/Events
Richards obtains summary judgment in favor of her client in a complex lawsuit against a local church.
Defense approaches to personal injury claims
On Behalf of Betty Neuman McMahon PLC | Nov 14, 2019 | Civil Litigation, Personal Injury & Medical Malpractice Defense
Being named as a Quad Cities defendant in a personal injury lawsuit can send an individual, business or municipality into full-on evaluation mode. What is the source of the claim? Is there any validity to the claim? What is the extent of damages that is being claimed?...
Investors allege fraudulent misrepresentation over funding of energy project
On Behalf of Betty Neuman McMahon PLC | Nov 6, 2019 | Civil Litigation
Investors in an Iowa biogas project are claiming that developers didn't have the funding -- $15 million -- they claimed they had. The investors' lawsuit alleges fraudulent misrepresentation, breach of contract and theft, among other allegations. Reports about the...
Building a case in civil litigation
On Behalf of Betty Neuman McMahon PLC | Oct 3, 2019 | Civil Litigation
Any Quad Cities resident or business entity named as a "defendant" in civil litigation may be taken back by the allegations against them and, therefore, may be struggling to put together a cohesive defense strategy. But, just like plaintiffs, defendants must carefully...
Can mediation help in Quad Cities civil litigation?
On Behalf of Betty Neuman McMahon PLC | Sep 12, 2019 | Civil Litigation
When parties are on the defense side of any type of civil litigation case, they are likely looking at all available options to attempt to end the case as soon as possible, and as cost-effectively as possible. In many situations, mediation may be a viable option. So,...
The basics of a trial in civil litigation
On Behalf of Betty Neuman McMahon PLC | Aug 8, 2019 | Civil Litigation
Many of our Quad Cities readers probably have a basic idea of how trials work in our nation's judicial system. After all, there is no shortage of courtroom dramas on TV or in the movies. But, reality is quite different than what we see on our TVs. Understanding the...
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