Polk County Commercial Litigation Attorneys

In this video, our Polk County commercial litigation attorneys explain how Motion for Summary Judgment can seem like a convoluted process at first, but it really boils down to three parts.

Part 1: The filing party presents their version of the facts. A brief called a Memorandum in Support of the Summary Judgment is filed with the summary judgment. The filing party includes information from the discovery process including photos, signed statements, pertinent documents, and any other evidence to back up their argument about the facts. The filing party need not show that both parties agree on every fact in the case (if this were the case then there would likely be no reason to go to trial), or that the filing party’s story is truer than the defendants, just that there are no reasonably disputable facts that are essential to the claim, indicating that there would be nothing for the judge or jury to decide if the trial actually took place.

Part 2: The filing party’s attorney presents his or her arguments in regard to the law. As part of the brief presented supporting the Motion for Summary Judgment statutes and previous court rulings that argue in favor of the motion are cited in an attempt to convince the judge that, according to the law, the filing party should win the case.

Part 3: After the motion and memorandum have been filed the opposing party will file a brief called a Response, making the legal or factual argument that 1) the other party’s claims or defenses are genuinely disputable; 2) despite no dispute against the filing party’s claim, there are other facts or legal considerations which can overcome the motion; 3) established statutory law or case law should not allow the other party to win at trial.  After the opposing party has filed the Response brief the original party that filed the motion will have a chance to file a Reply brief, responding to the defense against the Motion for Summary Judgment. Typically, the filing party will have a decent idea of what the opposing party will argue and will already have an argument ready to counter.

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In this video, our Polk County commercial litigation attorneys explain Iowa motions to dismiss. A lawsuit is initiated in Iowa by the Plaintiff filing an official complaint, which is a set of facts sufficient to bring forth legal action in order to obtain property, money, or enforcement of a right against another party, this is also known as a Cause of Action and refers to the reason the suit is being brought forward (IE battery, breach of contract, etc, etc.) The complaint basically puts in writing the allegations in the case that entitles the plaintiff to a claim against the defendant. Once a complaint is filed the defendant can file an Answer, which is the official response denying or admitting to the allegations put forth by the plaintiff. The Answer also raises any affirmative defenses that would go against and defeat the allegations. Alternatively, the motion to dismiss can be filed by the defendant. The motion to dismiss suggests that there is a defect in the Complaint or some other affirmative matter, requiring the court to consider dismissing the case.

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In this video, our Polk County commercial litigation attorneys explain canceling a contract after it’s been signed, the FTC’s “three-day rule,” and how the ability to cancel depends on the industry or item being sold. For purchases above $25 made in the home or at your place of work, you have the right to cancel the contract within three business days as long as the transactions are purchased, leased or rented primarily for personal, family or household reasons. “Buying clubs” are membership groups that allow you to buy certain goods and services at a discount. The three-day policy should apply to all types of buying clubs. Suffice to say, be cautious and read the contract thoroughly with any business opportunity. In Iowa, the three-day cancellation period also covers the sale of a business opportunity regardless of the location where the sale took place. The business opportunity must include an initial investment of $500 or more and the seller must agree to provide the materials, goods, education, etc that the buyer needs to start the business, as well as follow Iowa law with regard to business opportunities and franchises.