When you choose a lawyer, Mike understands you typically bring that lawyer your most serious problems of the moment. He also understands there are thousands of lawyers from whom you can choose. If you select him, it is an expression of faith that cannot be disappointed. Legal representation is an exceptional responsibility and Mike treats it that way. If you have problems that keep you up at night, they will keep him up at night until a solution is found.
Litigation
Mike recognizes all litigation matters, large or small, are important and stressful to you. He understands you want an experienced lawyer who is not afraid to try a case, but also understands successful outcomes short of trial avoid stress and burden. In addition to trying cases, Mike always has emphasized creative solutions to allow resolution through dispositive motions. Mike began his career in Washington, D.C., working on extremely large, complex litigation. Large, complex cases have continued to be part of his practice since he returned to Iowa nearly thirty years ago. Mike has extensive experience including representative suits such as proposed collective actions, class actions and derivative suits. That experience includes a vanishing premium class action in the insurance industry, a proposed class action challenging mortgage practices, asbestos property damage class actions, a proposed public nuisance class action, antitrust class actions, a shareholder fraud class action, Fair Labor Standards collective actions, and derivative suits challenging corporate mergers.
Mike will take your matter as seriously as you do and cannot be prouder of the team he can put on the field to get outstanding results while managing costs.
Employment and Labor Law
Mike has extensive experience in employment counseling and litigation. Beyond litigating cases, he provides substantial counseling in labor and employment matters. He assists clients with the full range of employee relations including drafting and editing employee handbooks and manuals, investigating employee allegations and complaints, representing clients before Iowa’s Civil Rights Commission and the Equal Employment Opportunity Commission, and counseling on compliance with the full range of regulatory matters including the WARN Act, the Family & Medical Leave Act, the ADA, the ADEA, Title VII and the Wage Payment Collection Act. Mike has been recognized by Chambers and Partners for his employment law practice for many years.
Personal
Since his children are grown, when not working, Mike is sleeping or thinking about work. Mike is very proud of both of his sons, despite them being knuckleheads who vex him. Now that his sons are grown, as a substitute, Mike has tried to teach his rescue dog to play baseball. She catches reasonably well, but her swing is terrible. They're working on it. After over thirty-four years of marriage, Mike's wife (barely) continues to tolerate him despite her better judgment. Every year, Mike goes to South Dakota and cajoles his family into getting pictures taken in old west garb. He convinces himself they like it. They don't. Mike also is an avid Chicago Cubs and Iowa Hawkeye fan.
Honors and Accomplishments
Recognized by Chambers and Partners both for his Labor & Employment Law practice, Band 1, and his Litigation practice.
Recognized by Best Lawyers in America in the practice areas of Employment Law -- Management; Litigation -- Labor and Employment, Labor Law - Management, and Litigation - Intellectual Property.
Recognized in Super Lawyers for his Labor and Employment Law practice.
Representative Work
AFSCME v. State of Iowa. Equal protection and due process challenge to the State of Iowa’s collective bargaining statute resulting in summary judgment for our client, the State of Iowa.
Anderson v. Nextel. Iowa Consumer Credit Code case challenging cellular phone early termination charges resulting in summary judgment for our client. This ruling was affirmed on appeal.
Community State Bank v. Des Moines Production Plating. Forgery and breach of contract claim resulting in summary judgment for our client. Affirmed on appeal.
Des Moines Water Works v. Various Drainage Districts. Clean Water Act, nuisance, trespass, and constitutional violation claims resulting in summary judgment for our clients.
FarmPro v. Mitchell. Breach of contract claim resulting in summary judgment for our client.
FMS v. Hawkeye Bank. Tortious interference claim resulting in summary judgment for our client. Breach of contract claim resulting in a jury verdict for our client. Affirmed on appeal.
Foslip Pharmaceuticals v. Metabolife International. Fraud claim resulting in arbitration decision in favor of our client.
GPC v. Board of Trustees of Muscatine-Louisa Cty. Joint Drainage District 13. Drainage district annexation claim resulting in summary judgment for our client.
Hammernick v. SSC Corp. Breach of contract claim resulting in summary judgment for our client.
Hunter v. Hunter Hotel. Appraisal lawsuit after a reverse stock split resulting in ruling after trial for our client.
ISEA v. State of Iowa. Equal protection and due process challenge to the State of Iowa’s collective bargaining statute resulting in summary judgment for our client, the State of Iowa.
LS Power v. State of Iowa. Iowa Constitution Article III, Section 29 challenge to Iowa Code Section 478.16 resulting in summary judgment and a permanent injunction for our client.
Mahaska County Board of Supervisors v. Mahaska County Emergency Management Commission and Mahaska County E911 Service Board. Two cases challenging improper voting scheme for county 911 services. Both cases resulted in summary judgment for our client.
Mahaska County Emergency Management Commission v. Mahaska County Board of Supervisors. This case involved a third dispute between the parties in which the plaintiff sought mandamus to compel the County to levy for 911 costs to remove the expense from their budgets and shift the expense to the county. For a third time, summary judgment was granted to the County.
Mahaska County Board of Supervisors v. Mahaska County Emergency Management Commission. Declaratory judgment action brought by our client resulting in a favorable summary judgment ruling confirming tax the Emergency Management Commission sought to compel was an illegal unauthorized tax. In the same ruling, the Court rejected the Emergency Management Commission’s mandamus action seeking to compel the illegal tax.
Minner v. GreenState Credit Union. Putative class action challenging certain fee practices. The matter was transferred to Iowa's business court, where a motion to dismiss was granted in favor of our client due to an arbitration clause in the parties' contract.
Razavi v. GreenState Credit Union. Putative class action challenging overdraft fees charged by financial institution. The matter was transferred to Iowa's business court, where a motion to dismiss was granted in favor of our client. Thereafter, the case was settled to gain class-wide preclusive effect.
St. Paul Reinsurance Co., Ltd. v. Commercial Financial Corp. Fraud case resulting in a defense verdict for our client.
Schwartz v. Community 1st Credit Union. Putative class action challenging overdraft fees charged by financial institution. The matter was transferred to Iowa's business court, where a motion to dismiss was granted in favor of our client.
Shelton v. United States Postal Service. Verdict after trial in favor of our client in excess of $4.6 million.
Site A Landowners and Mahaska County v. South Central Regional Airport Agency, City of Pella, and City of Oskaloosa. This case involved constitutional challenges to an Iowa Code Chapter 28E agreement whereby prior county supervisors purported to delegate decision-making on eminent domain, road relocation and zoning from the county board of supervisors to an agency effectively controlled by Pella and Oskaloosa. The County challenged the delegation under Iowa's constitutional provisions precluding one legislative body binding future legislative bodies on legislative decisions. The Iowa Supreme Court ruled in our client's favor that legislative decisions should not be placed beyond the control of the voters.
Weber v. Iowa State Bank. Constitutional challenge and fiduciary duty claim based on reverse stock split resulting in summary judgment for our client. This ruling was affirmed on appeal and certiorari was denied.
Acevedo v. Walgreens. Defamation and wrongful discharge in violation of public policy claim resulting in summary judgment for our client and sanctions against the plaintiff.
Adair v. Broadlawns Medical Center. Race discrimination case resulting in summary judgment for our client.
Albrecht v. Security State Bank. Age discrimination claim resulting in summary judgment for our client
Arispe v. Walgreens. Wrongful discharge in violation of public policy claim resulting in summary judgment for our client. Affirmed on appeal.
Bagg v. Reynolds & Reynolds. Disability discrimination and invasion of privacy case resulting in summary judgment for our client.
Barber v. Catholic Health Initiatives. Discrimination and harassment claims resulting in summary judgment in favor of our client.
Barrett v. Carlos O'Kelly's. Sexual orientation discrimination claims resulting in summary judgment for our client.
Barucic v. Titan Tire. National origin discrimination claim resulting in summary judgment for our client.
Beebe v. Specialty Trucks. Pregnancy discrimination claim resulting in summary judgment for our client.
Borzo v. SuperValu Corporation. ERISA claim resulting in summary judgment for our client.
Carlson v. Tone’s Brothers. Wrongful discharge in violation of public policy claim resulting in summary judgment for our client. Affirmed on appeal.
Carter v. Prairie Meadows. Wrongful discharge in violation of public policy claim resulting in summary judgment for our client. Affirmed on appeal.
Clark v. CEI. Wrongful discharge in violation of public policy claim resulting in summary judgment for our client.
Close v. Electrical Power Products. Worker’s compensation retaliation claim resulting in summary judgment for our client.
Comito v. Broadlawns Medical Center. Disability discrimination, constitutional tort and invasion of privacy case resulting in dismissal with prejudice for our client.
Compiano v. Hawkeye Bank. Tortious interference claim resulting in summary judgment for our client. Affirmed on appeal.
Cross v. Prairie Meadows, et al. Sexual harassment and retaliation claim resulting in summary judgment for our client. Affirmed on appeal.
Dearinger v. Racing Association of Central Iowa. FMLA retaliation claim resulting in summary judgment for our client.
Diaz v. Tyson Fresh Meats. Race discrimination and disability retaliation claim resulting in summary judgment for our client, affirmed by the Eighth Circuit Court of Appeals.
Engineered Plastic Components v. Murtha. Breach of fiduciary duty, trade secret and non-compete case resulting in a jury verdict for our client.
Fessler v. Wiese Corporation. FMLA and ADA claim resulting in summary judgment for our client.
Gillespie v. Racing Association of Central Iowa. ADA claim resulting in summary judgment for our client.
Gingerich Well and Pump Service v. Rich. Covenant not to compete claim resulting in injunction in favor of our client.
Glascock v. Covenant Medical Center. Breach of contract claim and declaratory judgment actions pursued against our client, resulting in a counterclaim. After trial, all of plaintiff's claims against our client were rejected and our client was awarded approximately $1.2 million on its counterclaim.
Good v. Tyson Foods. Bad faith and gross negligence claims resulting in summary judgment for our client. Affirmed on appeal.
Gosa & Chapman v. Nu-World Amaranth, Inc. Wrongful discharge in violation of public policy claims resulting in summary judgment for our client.
Graham v. Contract Transport. Wrongful discharge and retaliatory discharge claim resulting in summary judgment for our client.
Gretillat v. Care Initiatives. ADA claim resulting in summary judgment for our client. Affirmed on appeal.
Groom v. MercyOne. Public policy wrongful discharge claim resulting in summary judgment for our client.
Hammer v. Adams. Restrictive covenant claim resulting in preliminary injunction entered for our client followed by prompt resolution.
Hanna v. FedEx Ground Transportation. Breach of contract, promissory estoppel, negligent misrepresentation and tortious interference with business relations claim resulting in summary judgment for our client.
Hansen v. Seabee Corporation. ADA case handled by another firm where we gained a reversal and judgment for our client in Iowa’s Supreme Court.
Haviland v. Catholic Health Initiatives. Fair Labor Standards Act collective action alleging uncompensated and interrupted lunch periods resulting in summary judgment for our client.
Hayes v. Vermeer. FMLA retaliation and interference claim resulting in summary judgment for our client. Affirmed on appeal.
Howe v. Heart of America. FLSA class and collective action resulting in denial of class/collective certification and summary judgment for our client.
Hudson v. Tyson Foods. FMLA interference and retaliation claim resulting in a jury verdict for our client.
IVSC v. Iowa Veterinary Referral Center. Covenant not to compete and breach of fiduciary duty claim resulting in preliminary injunction for our client.
Jans v. ColorFx. Workers compensation retaliation case resulting in summary judgment for our client.
Jesse v. The Fairfield Line. Disability discrimination and breach of contract case resulting in summary judgment for our client.
Johnson v. Carlos O’Kelly’s. Sexual harassment claim resulting in a jury verdict for our client.
Jones v. Clarke Community School District. Retaliatory discharge case resulting in summary judgment for our client.
Jones v. New Care Clinics. Breach of contract claim resulting in summary judgment for our client.
Kemin v. Galloway. Restrictive covenant claim resulting in preliminary injunction entered for our client followed by prompt resolution.
Kim v. Grand View University, et al. Race discrimination and retaliation claims resulting in summary judgment for our clients. Affirmed on appeal.
Kurth v. Kaydon Corporation. Verdict in favor of our client after trial in a Wage Payment Collection Act and breach of contract action.
Lavia v. Siegwerk. Age and gender discrimination claim resulting in summary judgment for our client.
Little v. Tyson. Sexual harassment, defamation, hate crimes and assault claim resulting in summary judgment for our client.
Lloyd v. Drake University. Wrongful discharge, defamation and fraud claims resulting in summary judgment for our client. Affirmed on appeal.
Lovan v. Tyson Fresh Meats. ADA, FMLA and worker’s compensation retaliation claim resulting in summary judgment for our client.
Lugo v. Catholic Health Initiatives. Disability discrimination and failure to accommodate case resulting in summary judgment for our client.
Madren v. SuperValu Corporation. Breach of employment contract, tortious infliction of emotional distress, promissory estoppel and fraud case resulting in summary judgment for our client.
Mahony v. Ultimate Nursing Services, Inc., et al. Wrongful discharge in violation of public policy, False Claims Act retaliation and promissory estoppel claim resulting in summary judgment for our client. Affirmed on appeal.
McGee v. Tyson Foods. Race discrimination claim resulting in summary judgment for our client.
MercyOne Siouxland v. Efstratiadis. Covenant not to compete claim resulting in injunction in favor of our client.
Morris v. American Freightways. Promissory estoppel claim in the employment context resulting in summary judgment for our client.
Morris v. American Freightways. Defamation claim in the employment context resulting in summary judgment for our client.
Morrow v. Walgreens. Wage Payment Collection Act and equitable indemnification claim resulting in summary judgment for our client.
Norris v. Grand View College. FMLA and ADA case resulting in summary judgment for our client.
Novak v. Tyson Deli. ADA claim resulting in summary judgment for our client.
Nuss v. Tyson Deli. ADA claim resulting in summary judgment for our client.
Olson v. Nextel. Breach of employment contract claim resulting in summary judgment for our client.
Piziali v. Grand View College. Disability discrimination and intentional infliction of emotional distress case resulting in summary judgment for our client.
Rasch v. Tyson. Breach of contract, wage payment and unjust enrichment claim resulting in summary judgment for our client.
Raveling v. Tyson Fresh Meats. Age discrimination claim resulting in summary judgment for our client.
Richardson v. Vermeer. Workers' compensation retaliation claim resulting in a complete defense verdict for our client after a jury trial.
Roquet v. IBP, inc. Disability discrimination case resulting in summary judgment for our client.
Sanson v. Dekko Engineering. Title VII and breach of employee handbook case resulting in summary judgment for our client.
Sires v. Tyson Fresh Meats. Defamation and contract claims resulting in summary judgment for our client.
Stevens v. DeVries Communications. Disability discrimination and retaliatory discharge case resulting in dismissal with prejudice for our client.
Stevens v. Prairie Meadows. Wrongful discharge in violation of public policy claim resulting in summary judgment in favor of our client. Affirmed on appeal.
Storm v. Johnson Machine Works. Disability discrimination and retaliatory discharge case resulting in summary judgment for our client.
Streif v. Mariner. ERISA claim resulting in summary judgment for our client.
Stueckrath v. Bankers Trust. Negligent supervision, defamation and intentional infliction of emotional distress claims resulting in summary judgment for our client. Affirmed on appeal.
Stumma v. Tyson Prepared Foods. Perceived sexual orientation discrimination claim resulting in complete jury verdict for our client.
Swinehart v. Wells Fargo. FMLA retaliation and interference claims resulting in summary judgment for our client.
Taylor v. Tyson. Race discrimination claim resulting in summary judgment for our client.
Vogt v. Reynolds & Reynolds. Breach of contract, wage payment and fraud claim resulting in a jury verdict in which the plaintiff was required to pay money to our client.
Weinzetl v. Ruan Corporation. Retaliatory discharge case resulting in summary judgment for our client.
Williams v. SuperValu Corporation. Equal Pay Act, Wage Payment Collection Act, and Retaliatory Discharge case resulting in summary judgment for our client.
Wilson v. ACH. Workers’ compensation retaliation claim resulting in a jury verdict in favor of our client.
Woods v. Anawim. Wrongful discharge in violation of public policy claim resulting in a motion to dismiss being granted in favor of our client.
Publications and Presentations
Mike regularly presents on a wide range of employment and litigation topics. Recent topics include:
- FMLA—Yes, You Still Have to Worry
- Restrictive Covenants: The Thou Shalt Nots…
- So You’ve Been Sued…
- Everything You Always Wanted to Know About Pregnancy But Were Afraid to Ask
- Telecommuting—FLSA and Other Non Traditional Work Schedules
- Religion in the Workplace
- FMLA Developments
- You’re Welcome, or, You’re Not. Who Determines?
- Ensuring FMLA Compliance when Employees Provide Little Information, Yet Demand Dramatic Accommodations
- Litigating Employment Cases
- Technology and The Internet: Their Implications for the Workplace
- My Job is Getting Old, But I’m Getting Older
- Public Policy in Iowa: An Ever Moving Target
- Are Men and Women Different? Can They Ever Be Treated Differently?
- Non-Compete Agreements in the Technology Age
- Defamation in the Workplace