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Miltner Insurance Services, LLC v. Roberts
Miltner Insurance Services, LLC, Plaintiff-Appellee/Cross-Appellant
Casey M. Roberts, Defendant-Appellant/Cross-Appellee
Attorney for Appellant/Cross-Appellee
Robert J. Engler
Attorney for Appellee/Cross-Appellant
Matthew M. Sahag
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Adams County, Brad McCall, Judge. AFFIRMED ON APPEAL; AFFIRMED AND REMANDED WITH DIRECTIONS ON CROSS-APPEAL. Heard by Bower, C.J., and Badding and Langholz, JJ. Opinion by Badding, J. (18 pages)
Parties appeal and cross-appeal the district court’s remand ruling on remedies in an employment-contract dispute. OPINION HOLDS: We affirm on the employee’s appeal, concluding she did not meet her burden to prove the liquidated-damages clause constituted a penalty and was therefore unenforceable. On the employer’s cross-appeal, we find the affirmative-defense and burden-shifting argument was not preserved and substantial evidence supports the court’s conclusion on the amount of damages. We affirm and remand the issue of appellate attorney fees to the district court, to be considered with its determination of trial attorney fees.
