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2014 Supreme Court Celebration 77th ANNUAL SUPREME COURT CELEBRATION BANQUET Drake University, Parents Hall, Olmsted Center WELCOME INTERNATIONAL ACADEMY OF TRIAL Allan W. Vestal LAWYERS AWARDS Dean, Drake University Law School THE ROBERT J. KROMMINGA AWARD CELEBRATION OF SUPREME COURT COMPETITION AND ANNOUNCEMENT OF THE RODNEY L. HUDSON THE TIMOTHY N. CARLUCCI AWARD APPELLATE ADVOCACY AWARD Mark S. Cady Chief Justice of the Iowa Supreme Court THE FERGUSON PRIZE ANNOUNCEMENT OF THE ALUMNUS THE MARTIN TOLLEFSON AWARD OF THE YEAR AWARD Dean Vestal THE JUSTICE DAVID AND MADONNA DINNER HARRIS AWARD *We invite you to enjoy dinner throughout the program. THE K.M. WAGGONER PEER MENTORING AWARD STUDENT BAR ASSOCIATION PRESIDENT REMARKS AND AWARDS DRAKE UNIVERSITY LAW SCHOOL Michelle Grau DIVERSITY AWARD Student Bar Association President and Supreme Court Celebration Chairperson MARSHA TERNUS OUTSTANDING CHILD ADVOCATE AWARD KEYNOTE ADDRESS Guy R. Cook President, Iowa State Bar Association DRAKE UNIVERSITY LAW SCHOOL PROSECUTION EXCELLENCE AWARD REMARKS AND STUDENT AWARDS Dean Vestal CLOSING REMARKS Ms. Grau JEFFREY AND ELIZABETH GOODMAN DISTINGUISHED ADVOCATE AWARD 2 Special thanks to the Iowa State Bar Association for sponsoring the reception in Kern Commons. ______________ Thanks also to the following table sponsors: Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C. Berenstein, Moore, Heffernan, Moeller & Johnson, L.L.P. Bradshaw, Fowler, Proctor & Fairgrave, P.C. Davis, Brown, Koehn, Shors & Roberts, P.C. Dickinson, Mackaman, Tyler & Hagen , P.C. Faegre Baker Daniels, L.L.P. Grefe & Sidney, P.L.C. Hopkins & Huebner, P.C. McKee, Voorhees & Sease, P.L.C. Nyemaster Goode, P.C. Supreme Court Celebration Banquet award recipients; lists of Alumni of the Year winners, Supreme Court Competition finalists; Drake Law Review, Agricultural Law Journal and Moot Court award recipients; and recognition of students achievement is posted at www.law.drake.edu/supremecourtcelebration. 3 2014 Keynote Speaker Guy R. Cook President, Iowa State Bar Association Guy R. Cook is a Des Moines, Iowa, native. He has been practicing law more than 30 years. He is a board certified trial lawyer by the National Board of Trial Advocacy. Guy has served as counsel in more than 1000 litigated matters and has tried more than 200 jury trials. He is one of only 20 Iowa attorneys to be inducted into the Million Dollar Advocates Forum for verdicts and settlements in excess of one million dollars. Guy is recognized in both The Best Lawyers in America publication and the list of Iowa Super Lawyers. Guy is a graduate of the University of Iowa and Drake University Law School. During law school he was a staff writer and researcher for the Drake Law School Legal Research Service and a prosecutor intern in the Polk County Attorney's Office. Upon graduation from Law School, Guy served as a judicial law clerk for Justice J.L. Larson of the Iowa Supreme Court. In 1983, Guy was appointed Assistant United States Attorney for the Southern District of Iowa. He tried a wide range of criminal cases, including embezzlement, bank robbery, tax fraud, murder for hire, obstruction of justice, narcotic offenses, bank fraud, and kidnapping. In 1987, Guy joined Grefe & Sidney, P.L.C. as a trial attorney. He is a senior partner practicing exclusively in the field of litigation. In addition to his work as a trial lawyer, Guy is President of the Iowa State Bar Association. He is past president of the Polk County Bar Association, the largest metropolitan bar in the state of Iowa and serves on the Board of Counselors of Drake University Law School. Guy was elected to serve as commissioner on the Iowa State Judicial Nominating Commission, served as an appointed member of the Merit Selection Panel for selection of U.S. Magistrate Judges for the U.S. District Court for the Southern District of Iowa, and was appointed by the Chief Justice of the Iowa Supreme Court to serve as a member of the Iowa Supreme Court Grievance Commission. Guy is a member of the American Board of Trial Advocates and has served as membership director for the Iowa chapter. He is also a fellow of the Iowa Academy of Trial Lawyers. He has been inducted into the Society of Outstanding Lawyers of America and is a certified member of the American College of Master Advocates and Barristers. He has also been recognized repeatedly as a "leading individual" in litigation in Iowa by Chambers and Partners, a world-wide legal publication. 4 IOWA SUPREME COURT JUSTICES Chief Justice Mark Cady Justice Brent Appel Justice Daryl Hecht Justice Edward Mansfield Justice Thomas Waterman Justice David Wiggins Justice Bruce Zager 5 The Supreme Court Competition Each year, outstanding advocates in the Law School compete in the Supreme Court Competition for the honor of presenting final arguments to the Iowa Supreme Court. The problem is based upon a real case, using an actual record that was pending before the Iowa Supreme Court, thus giving competitors a realistic experience. The competition is open to all second and third year law students and consists of writing a brief and arguing in two preliminary rounds, one on-brief and one off- brief. Each competitor argues individually in the preliminary rounds, with 15 minutes of time allocated to each advocate. The top four advocates based upon scores from the preliminary rounds advance to the final round before the Iowa Supreme Court. The award for the Best Oralist in the final round is then announced at the Supreme Court Celebration Banquet. 2014 Supreme Court Competition Problem Hershel Farm Co. v. Woodbury Transport Services, Inc. The issue before the Court is whether an indemnity agreement violates public policy or Minnesota law. In 1987, Hershel Farm Company and Woodbury Transport Services entered into a transportation services agreement. Both parties agreed that Minnesota law would govern any contractual disputes. Under the agreement Woodbury provided transportation services to Hershel Farm. In 2011, an employee of Woodbury allegedly slipped and fell on Hershel Farm’s premises when making a delivery and was injured. The employee sued Hershel Farm alleging negligence. Hershel Farm sought indemnification from Woodbury based on an indemnification provision in the parties’ agreement. In 2012, Woodbury and Hershel Farm filed motions for summary judgment. Woodbury contends the indemnification agreement is unenforceable under Minnesota law because it does not specifically provide for indemnification for Hershel Farm’s own negligence. Even if the language does require Woodbury to indemnify Hershel Farm for their own negligence, Woodbury contends these types of provisions are void as against public policy in Minnesota. Hershel Farm argues the indemnity agreement is enforceable since its provisions are clear. The District Court granted summary judgment in favor of Hershel Farm holding the indemnification agreement was enforceable under Minnesota law and declined to determine if the contract is against public policy stating that decision is for the courts of Minnesota. Woodbury appealed to the Iowa Supreme Court which granted further review. 6 Former Supreme Court Competition Finalists 2013 2005 Matthew Jarvey Amber Brady Rebecca Reif Autumn Canny Patrick Shanahan Matthew Eslick Joshua Strief Tom Hutchins 2012 2004 Leslie Behaunek Jill Alesch Laurie Heron Nichole Biglin Christina Thompson Craig Drummond Emily Zerkel Thomas Hutchins 2011 2003 Laurie Heron Jill Alesch Erik Howe Ron Baily Cory McAnelly Pat Dillon Charlotte Sucik Rubina Kazi 2010 2002 Jenna Green Thomas Cope Natasha Heinen Rubina Kazi Zachary Hindman Anne Olson Matthew Sease Jill Jensen-Welch 2009 2001 Erin Grundy Thomas Cope Meggan Guns John Danos Kevin Teets Jeff Link Miriam VanHeukelem Brenda K. Quade 2008 2000 Ashley Dose Anne E. Crocker Kevin Teets Lisa R. Lemons Jacob Lofgren Brenda K. Quade Anna Katherine Ryon Donald Stanley Jr. 2007 1999 Jim Bryan Stacie Barhorst Michael Gano Matt Haindfield Robert Hodges Ryan Rohlfsen Emily Peebler Donald Stanley Jr. 2006 1998 Dan Anderson John Clendenin Jennifer Bennett Christopher A. Kragnes James Bryan Matt Haindfield Geneva Williams Ryan Rohlfsen 7 Drake University Law School Alumni of the Year 2013 1998 Jane Lorentzen H. Richard Smith 2012 1997 Gregory Kenyon Marvin Duckworth 2011 1996 Chief Justice Mark Cady Marsha Ternus 2010 1995 George A. LaMarca & Gregory W. Landry Benjamin B. Ullem 2009 1993-94 Stephen Rapp & Sheila Tipton Justice Louis A. Lavorato & Don Muyskens 2008 1992 Alan Fredregill Robert D. Ray & Elwood Thomas 2007 1991 Bonnie J. Campbell & Wayne L. Kern William H. Englebrecht, Roscoe Riemenschneider & 2006 Charles R. Wasker Rose A. Vasquez 1990 2005 Robert G. Allbee, Donald C. Byers & Russell C. Davis, Lt. Gen., Edwin E. Ferguson Sr. U.S. Air Force (Ret.) 1989 2004 Roxanne Conlin, J. Rudolph (Steve) Hansen David L. Brown & James L. Perkins 2003 1988 Gerard D. Neugent Robert Helmick, Joseph C. Howard & Dwight D. Opperman 2002 Michael Huston 1987 Neal Smith & Bea Smith 2001 Edmund J. Sease 1986 Jake More, Clark Mollenhoff & 2000 Alfred Sulmonetti Robert E. Dreher 1985 1999 George G. Fagg & Don Zarley Ruth Babcock Klotz 1984 M. Gene Blackburn, Patrick D. Kelly & C. Edwin Moore 8 Student Bar Association Recognition of Achievement STUDENT BAR ASSOCIATION 2013-14 Michelle Grau, President Nicholas Hodne, Vice President Patrick Tickner, Secretary and Parliamentarian Elizabeth Burns-Thompson, Treasurer Melanie Thwing, American Bar Association Representative Samuel Huff IV, Faculty Representative Bryan Hill, University
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