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Jodie Clark McDougal

CONCENTRATION

Jodie McDougal, a partner at the Davis Brown Law Firm, is a member of the Litigation, Insurance Defense, Construction, Real Estate, and Employment Departments. She currently serves as Chair of the firm's Insurance Defense Department.

 

Jodie has a general practice that includes, but is not limited to, the following areas:

  • Insurance defense and other defensive litigation, including professional liability defense, products liability defense, and personal injury defense;
  • Construction law and litigation; and
  • Various other types of litigation, including probate, estate, fiduciary, and trust litigation; employment litigation; real estate litigation;  landlord/tenant law and litigation; commercial/business litigation and contract disputes; agricultural-related litigation; intellectual property litigation; finance/equipment lease litigation; lemon law litigation; creditor and collection actions and judgment enforcement; and appeals.

Litigation

In her litigation practice, Jodie has successfully tried numerous bench and jury trials, both individually and with colleagues, in several practice areas. Her trial and litigation successes include:

  • Obtaining dismissals for numerous defendant-clients, including dismissals via directed verdict, summary judgment, and at trial, in various types of cases, such as insurance defense cases, lemon law cases, medical malpractice cases, agricultural cases, employment cases, contract cases, and other matters;
  • Obtaining five and six-figure judgments for her plaintiff-clients in cases involving commercial and contract disputes;  
  • Obtaining a directed verdict from the Court prior to the case going to the jury in defense of an agricultural cooperative company in a matter involving various contract and professional liability claims; 
  • Obtaining summary judgment on six counts in defense of a $150 million suit brought against her client, a Fortune 500 company;
  • Obtaining summary judgment, which was affirmed on appeals to the Iowa Court of Appeals, in a $65 million suit brought by a local boxing promoter against her client, a Las Vegas boxing manager (Capital Promotions, L.L.C. v. Baxter, 2008 Iowa App. LEXIS 1200 (Iowa App. 2008));
  • Through the filing of an amicus curiae brief for the Iowa Trust Association, obtaining a reversal of a district court’s controversial decision and a resulting decision in favor of the fiduciary-trustee,in the Trimble trust case. (In re Trust No. T-1 of Trimble, 11-1967, 2013 WL 275637 (Iowa Jan. 25, 2013); see article summarizing decision here.
  • Successfully invalidating an attorney-in-fact's $225,000 attempted liquidation of a principal's funds shortly before the principal's death;
  • Successfully handling various types of estate, probate, trust, and power of attorney disputes, lawsuits, and appeals;
  • Successfully obtaining various judgments for her respective commercial and residential landlord/lesser-clients;
  • Successfully defending a client in a consumer fraud action brought by the Iowa Attorney's General Office; and
  • Successfully settling a countless number of cases to the benefit of her respective clients.
*Please note that Jodie’s prior results in the aforementioned cases do not guarantee or predict a similar outcome in respect to any future matter and that results depend upon a variety of factors unique to each representation. 

In her litigation work, Jodie has represented numerous Fortune 500 companies, including national insurance companies, an automobile manufacturer, pharmaceutical company, national banks and financial institutions, an agricultural company and an information technology company. Jodie has also represented many other local, regional, and/or national construction companies, medical facilities, real estate-related companies, agricultural companies, financial institutions, and other companies, as well as individuals across the county.

 

Construction Law and Litigation

In the area of construction law and litigation, Jodie has represented numerous companies and individuals within the commercial and residential construction industries, including general contractors, architectural and design firms, subcontractors/ suppliers, as well as homeowners and other property owners.

 

Jodie's work within the area of construction law and litigation has involved the following:

  • Mechanic's lien law and litigation;
  • Claims under Chapter 573 (public improvement claims);
  • Drafting and reviewing commercial and residential construction contracts;
  • Handing pre-litigation disputes; and
  • Litigating various types of construction cases, both for plaintiffs and defendants, including those involving allegations of negligent work and/or defective products, mechanic's liens, Chapter 573 claims, breach of contract claims, warranty claims, water intrusion and mold claims, bond claims, and collection matters.

Throughout 2012, Jodie will regularly speak on Iowa's new Mechanic's Lien Law and otherwise educate her clients on this new law, which will take effect on January 1, 2013. Among the law's major changes, (1) the state will implement a new centralized online registry, administered by the Iowa Secretary of State, for the filing of all mechanic's liens for residential and commercial projects, as well as pre-lien notices for residential projects; and (2) there will be new pre-lien notice requirements for many residential general contractors, remodelers, and subcontractors/suppliers, including a "Notice of Commencement" that must be filed by many residential general contractors/remodelers within ten (10) days of the commencement of a residential project, as well as "preliminary notices" that must be filed by many residential subcontractors and suppliers.

 

JODIE’S CONSTRUCTION LAW RESOURCES AND MATERIALS:

Below are various written materials and resources provided by Jodie on the new mechanic’s lien law and other-lien related materials:

  1. Owner Notice Requirement. The following document describes the current Owner Notice requirement under Iowa law for residential general contractors: Required Owner Notice Language.
  2. Sample Owner Notice Form. Click here for a sample Owner Notice, for those residential general contractors who do not include the Owner Notice language within their contracts.
  3. Information on the Secretary of State Notices. The following document provides a brief explanation regarding the notices that will be sent to homeowners by the Secretary of State's office whenever a commencement of work notice or preliminary notice is posted on the new online Mechanics' Notice and Lien Registry: Secretary of State Notices.
  4. Top Takeaways Regarding the New Mechanic’s Lien Law (4/2013). Jodie has published the following article setting forth the "Five Things You Need to Know About Iowa’s New Mechanic’s Lien Law".
  5. Summary of the New Law (As of 11/2012). Jodie has also published the following article in the HBA's November Blueprint publication, summarizing the law as of November 2012:  Iowa's Mechanic's Lien Law.
  6. New Language to Add to Final Lien Waivers. Some construction companies are adding language to their Final Lien Waiver forms regarding any commencement of work notices or preliminary notices posted on the Mechanics' Notice and Lien Registry. The following document contains a discussion on this topic: Discussion on Final Lien Waiver Form.

Jodie is an active member of the Home Builders Association of Greater Des Moines. She regularly attends HBA meetings, has spoken to HBA members on various legal issues, and has published multiple articles in the HBA’s Blueprint publication. 

 

Real Estate Litigation

In the area of real estate law, Jodie has tried multiple cases, representing both plaintiffs and defendants; has successfully settled a countless number of other cases; and has provided counsel to various real estate buyers, sellers, and developers.

 

Jodie's work in the area of real estate litigation and disputes has included the following:

  • Breach of purchase agreement disputes;
  • Obligations of realtors and other realtor issues; 
  • Mandatory seller disclosure claims and claims of pre-existing water and/or mold problems;
  • Nuisance actions involving municipalities;
  • Enforcement of installment contracts; 
  • Infringement of property ownership rights by an adjacent land-owner; and
  • Homeowners' association issues. 

Landlord/Tenant Law and Litigation

Jodie regularly works with commercial and residential landlords on various legal matters, including in drafting leases, implementing rules and regulations, and resolving the various tenant issues that arise. Jodie has also represented residential and commercial tenants in regards to their tenancy issues.

 

Jodie has handled numerous landlord/tenant litigation and dispute matters, generally representing the landlord or property owner/manager.  Her litigation work in this area has included cases involving breach of lease agreement, breach of the implied warranty/covenant of quiet enjoyment, private nuisance actions, defense of HUD and housing discrimination complaints, guaranty disputes, and indemnification disputes.

 

Employment Litigation

In the area of employment law and litigation, Jodie has:

  • Obtained summary judgment on multiple instances in defending an employer against a discrimination, retaliation, or wrongful termination claim;
  • Handled unemployment hearings;
  • Handled various other disputes and litigation matters, including those involving the enforcement of an employer's rights under employee handbooks, as well as non-competition and non-solicitation agreements; and  
  • Successfully settled various other employment-related claims.