Erik William Fern's Legal Cases (3)

Litigation

Kenneth Bronner v. Ronald Bronner (In re Estate of Hazel Bronner)

N/A

OUTCOME: The Court entered judgment on behalf of the beneficiaries against the trustee and executor in the amount of $150,000 and removed the opposing party as fiduciary.

Estate dispute and breach of fiduciary duties lawsuit. Representation of a brother against a family member who was the trustee of the client's mother’s trust, and executor of her estate. It was alle ... ged the opposing party engaged in self-dealing and breached his fiduciary duties to the beneficiaries of the trust. The case was hard-fought with the client receiving substantial resistance from other siblings and family members who sided with the wrongdoer.

Litigation

Scenic Builders, LLC v. Peiffer NO. 1-259/10-0794

N/A

OUTCOME: Iowa Court of Appeals reversed the trial court on appeal. This was the first appeal in Iowa dealing with the newly enacted statute.

Clients were sued by a contractor. The case involved the scope and applicability of Iowa’s newly enacted Iowa Consumer Fraud Act (Iowa Code Chapter 714H) raised by my clients by counterclaim. The con ... tractor argued that the law did not apply, and the trial court granted a motion to dismiss.

Litigation

Luana Savings Bank v. Caspersen, No. 16-1013

N/A

OUTCOME: The Iowa Court of Appeals reversed the trial court’s interpretation of Iowa Code Chapter 654 and entered judgment in favor of the bank.

Represented a bank in a breach of contract claim against a co-signor of a promissory note and mortgage that was resolved under an alternative nonjudicial foreclosure (Iowa Code Chapter 654). The trial ... court found the co-signor was entitled protections as a mortgagor and denied recovery.

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