News
February 1, 2008. The Iowa Supreme Court reversed the Iowa
Court of Appeals and the Iowa District Court for Polk County in Speight v.
Walters Development Company. The Speights were the third owners of a home that
they allege was defectively constructed. Their case was rejected by two lower
courts before the Iowa Supreme Court agreed with Harley and, for the first time,
held that later owners of a home have rights against builders in construction
defect cases.
September 28, 2007. A Wapello County judge entered a $40,000
judgment in favor of Harley's clients after a trial to the court in a breach of
contract case. The court rejected the defendant's argument that Harley's clients
lost their right to be paid for their work as drywallers because they did not
submit the proper paperwork and had otherwise breached their obligations to the
defendants.
September 18, 2007. A Jefferson County judge granted Harley's
pretrial motion for summary judgment on behalf of a client in an employment case
concerning Iowa's employee drug and alcohol testing statute. Harley sued for
wrongful termination after the employee was fired for allegedly failing an
alcohol test. The court agreed with Harley that the the results of the
employee's alcohol tests did not allow the employer to legally fire the client.
The case will now go to trial on the issue of money damages only.
May 22, 2007. A Polk County jury returned a $65,000 verdict
for Harley's clients in a construction defect case against their homebuilder.
The jury awarded the builder $0 on its counterclaim for breach of contract.
Erbe Law Firm is a Des Moines, Iowa based law firm
founded by Harley Erbe.
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