Our Attorneys

Position: Member

E-Mail: kvisser@simmonsperrine.com
115 3rd Street SE, Suite 1200
Cedar Rapids, IA 52401-1266

Phone: 319-366-7641
Fax: 319-366-1917
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Kevin Visser's Full Biography >>

Representative Trials and Reported Cases

EEOC v CRST Van Expedited, Inc., 611 F. Supp. 2d 918 (N.D. Iowa 2009) --- Court issues series of orders in 260+ woman ‘pattern or practice’ claim of sex-based harassment including: 1) Exclusion of more than 100 women as a discovery sanction against federal agency for failing to make women available for deposition in a timely way; 2) Grant of summary judgment for nationwide trucking carrier finding it could not be found to tolerate a pattern or practice of sex harassment in its work force; 3) Grant of summary judgment to the employer precluding government from seeking relief for at least 88 additional women because: a) The allegations were not reported; b) The allegations were not sufficiently severe or pervasive to allow claims to proceed; or, c) The allegations were collaterally precluded by failure to disclose claims in bankruptcies.

Brown v. McGraw-Hill, 526 F. Supp. 2d 950 (N.D. Iowa 2007) --- As noted in this award of defense costs, jury rejected $2.8MM claim for business torts and contract breach associated with earn-out and employment provisions of the acquisition of a reading company by an industry leader.

Estate of Frink v Flowerama et al— 725 N.W.2d 658 (Iowa Ct. App. 2006) --- Iowa Court of Appeals affirms grant of summary judgment in favor of franchisor and its officers and against claims of estate of majority shareholder that contractual term “book value” meant “fair market value” of shares and ordering redemption of shares at contract price.

Bodnarek et al v BRK Wireless (S.D. Iowa, 2005) --- Judge rejects former managers’ tort claims limiting wireless firm’s liability to former managers to unpaid contractual wages in weeklong jury trial.

Iowa Midland Supply v Mid-Iowa Tool (Iowa District Court, Linn County, 2005) --- Jury rejects claims of competitor that tool supplier unfairly interfered with customer relationship of plaintiff and the former Amana Refrigeration.

BBSerCo v Metrix, 324 F.3d 955 (8th Cir. 2003) — Appellate panel affirms blood serum harvester and distributor’s six figure jury verdict for compensatory and punitive damages against slaughterhouse for fraud.

McGrane v Saks, Inc., 36 Fed. Appx. 568 (8th Cir 2002) — Panel affirms six figure sex discrimination jury verdict against publicly owned retailer on behalf of experienced saleswoman.

Iverson v Johnson Gas Appliance Co. (U.S. D.C., Minnesota, 2000) --- Following 8th Circuit reversal of grant of motion to dismiss, Minnesota federal jury rejects claims of manager of fireplace retail outlet for breach of contract and business torts, seeking compensatory and punitive damages.

S&W Agency v Foremost Insurance Co., 1999 U.S. App. LEXIS 9160 (8th Cir 1999) --- A panel of 8th Circuit summarily affirms $8.8MM jury verdict (as reduced on retrial of punitive damage issue alone) for insurer’s defrauding of an independent agent which brought it an endorsement for use in its niche insurance market of recreational vehicles.

Kim v Nash Finch, 123 F.3d 1046 (8th Cir. 1997) --- Iowa jury awards $8.7MM to Korean-born warehouse leadman on multiple claims of failure to promote and retaliation under Section 1981 and Title VII in one of the first jury trials under the 1991 Civil Rights Act. Trial court additionally awards promotion and attorney fees. On appeal, court holds that district court improperly imposed Title VII’s damage caps to plaintiff’s verdict.

Diamond v Midwest Agric. Warehouse Co., 2004 Iowa App. LEXIS 435 (Iowa Ct App 2004) ---Appellate court affirms district court’s six figure award to agricultural products distributor on its counterclaim against its former salesman, and further affirms failure of salesman’s claim.

EEOC v Cherry-Burrell Corp., 35 F.3d 356 (8th Cir, 1994) --- Circuit Court affirmed portions of district court’s Equal Pay Act award to buyer of carton-manufacturer.

Berg v. Norand Corp., 169 F.3d 1140 (8th Cir 1999) --- Appellate panel affirms grant of summary judgment to employer on former controller’s ADA claim.

Cedar Valley Corp v NLRB, 1992 U.S. App. LEXIS 31322 (8th Cir. 1992) --- Appellate court refuses to grant petition of employer who Labor Board assessed with liability under a long-dormant Section 8(f) construction labor agreement.

Moore Business Forms v Wilson, 1996 U.S. App. LEXIS 33854 (8th Cir. 1996) --- Federal Court of Appeals affirms then-District Judge Michael Melloy’s grant of injunctive relief on behalf of business forms manufacturer and distributor against husband and wife former employees who violated terms of contractual post-employment restrictions on soliciting manufacturer’s customers.

Palen v Gannett (Iowa District Court, Linn County, 1994) --- Jury verdict for television station on sales executive’s claims for breach of contract and employment torts after 3 week trial.

Norand v Parkin, 785 F. Supp. 1353 (N.D. Iowa 1989) --- District Court enjoins marketing executive with no non-competition agreement from threatened inevitable disclosure of tech firm’s rival under authority of Iowa’s Uniform Trade Secrets Act.

Diversified Fastening Services v Rogge, 786 F. Supp. 1486 (N.D. Iowa 1991) --- District court enjoins fastener distributor’s former employee under Iowa’s UTSA.

United States v Vogt, 901 F.2d 100 (8th Cir. 1990) — Appellate panel affirms refusal of district court to allow government to revoke plea agreement after it has knowingly taken advantage of its benefits.

Teamsters Local 238 v CRST, Inc., 795 F.2d 1400 (8th Cir. 1986) (en banc) — En banc court reverses divided panel addressing extent to which employer may impose unilateral terms and conditions of employment on labor union members, post-impasse and after expiration of collective bargaining agreement, and affirms District Court’s full granting of summary judgment for employer.