Hilkemann v. City of Council Carter Lake
Sep 11, 2019OUTCOME: Sustained District Court Order
Appeal from certiorari proceedings involving zoning. Held that the relation-back doctrine does not apply to late substituted or added plaintiffs.
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Robert Mark Livingston's Legal Cases (8)
Council Bluffs, IA
Workers compensation Lawyer at Council Bluffs, IA
Practice Areas: Workers Compensation, Personal Injury ... +5 more
Hoffman v. Clark
Aug 22, 2019OUTCOME: Jury Verdict $11 Million (currently on appeal by opponents)
Defamation case against a business entity and owners.
Venckus v. City of Iowa City et al.
Jun 28, 2019OUTCOME: Overruling District Court and sustaining the application of absolute immunity to require entry of summary judgment.
Prosecutors were sued under a newly created direct Iowa Constitutional causes of action under Godfrey v. State. This case presented for the first time the question of whether the doctrine of absolute ... prosecutorial immunity would apply to such causes of action. The Iowa Supreme Court held that absolute prosecutorial immunity would apply to direct Iowa Constitutional claims under Godfrey v. State.
Harrington v. Council Bluffs
Apr 07, 2016OUTCOME: Defense verdict followed by mistrial
Together with co-counsel, defended the City of Council Bluffs in a six-week federal civil rights lawsuit. The suit was filed by attorneys, Gerry Spence and Steve Davis, on behalf of two individuals wh ... o were imprisoned for over twenty-five years for the murder of a local security guard. The plaintiffs sought more than $110,000,000 from the jury. The jury returned a written jury verdict in favor of the City and its police officers, but the Federal District Court Judge subsequently declared a mistrial.
Harrington and McGhee v. Pottawattamie County
Jan 04, 2010OUTCOME: Case resolved as moot after settlement on the steps of the Supreme Court of the United States following oral argument
The Supreme Court of the United States granted certiorari from an Eight Circuit Decision on the issue of whether a prosecutor may be subjected to a civil trial and potential damages for a wrongful conv ... iction and incarceration where the prosecutor allegedly violated a criminal defendant's substantive due process rights by procuring false testimony during the criminal investigation, and then introduced that same testimony against the criminal defendant at trial.
Meyer v. Birkey
Nov 18, 1915OUTCOME: Summary Judgment
The father of two daughters claimed that a law enforcement officer violated his constitutional rights by removing or transferring the girls to the care of their mother when allegations of sexual abuse ... surfaced. In his Report and Recommendation, United States Magistrate, Leonard Strand, held that the law enforcement officer was qualifiedly immune for transferring the girls to the care of their mother and qualifiedly immune for actions taken after the transfer (removal). The father objected to the Magistrate's Report and Recommendation finding the law enforcement officer immune. United States District Court Judge, Mark Bennett, subsequently overruled the father's objections, accepted the Magistrate's Report and Recommendation, and granted summary judgment in favor of the law enforcement officer. http://law.justia.com/cases/federal/district-courts/iowa/iandce/5:2014cv04034/42175/30/
Lakin v. Richards Farm Ltd
Jan 28, 1915OUTCOME: Sustained $1.4 Million Dollar Punitive Damages Verdict
As revealed by the Opinion of the Iowa Court of Appeals, a businessman attempted to intimidate an Iowa farm family and used his power and influence to erode the farm family's reputation in the communit ... y. The Court found the behavior reprehensible and, in combination with the businessman's stipulated net worth, held that the jury verdict awarding $1.4 million dollars in punitive damages was not excessive. According to the Court, the award was likely awarded in the spirit of deterring future reprehensible conduct. "A jury could determine only a large punitive damage award would send as message to someone of [the businessman's] substantial means."
McCoy v. Carter
May 17, 1911OUTCOME: Defense verdict
Obtained defense verdict in medical malpractice death case in which a general practitioner allegedly failed to properly diagnose meningitis and septicemia