Simmons Perrine Moyer Bergman PLC
Kevin J. Visser

Kevin J. Visser

Position: Member
115 3rd Street SE, Suite 1200
Cedar Rapids, IA 52401-1266
(319) 896-4059 direct
(319) 366-1917 fax
E-Mail: kvisser@simmonsperrine.com
 
 

Kevin Visser tries cases to judges and juries in the state and federal courts and handles the appeals from those verdicts and judgments. The public record of the more than two dozen appeals (mostly federal) taken from trial court decisions reflects the varied nature of those Mr. Visser represents (closely and publicly held corporations and their shareholders, individual citizens [and non-citizens] and corporate officers) and the subject matters of their mostly high-stakes litigation (business torts, business competition issues, employment, contracts and labor law). He has tried cases to termination in at least 20 of Iowa’s 99 counties and before federal judges appointed by Presidents Kennedy, Reagan, Bush (both) and Clinton. Mr. Visser works with at least one of the firm’s substantive or procedural specialists and with a certified paralegal in almost every case.

Mr. Visser is the firm’s primary contact with the USLAW NETWORK and serves on the firm’s Board of Directors. Along withe his many professional affiliations, Mr. Visser regularly speaks to public and private groups, primarily on topics related to trial practice or employment law. 

Place of birth: Warrensburg, Missouri

Chambers_Visser  Super-Lawyers-_Visser  Best-Lawyers-Visser  LCA-Visser  Uslaw-Member_Visser 

News & Events

Honors & Awards

  • Included in The Best Lawyers in America©, 2012 - 2016
    • Commercial Litigation, Employment Law - Management
    • Best Lawyers® 2015 Lawyers of the Year Listing - Employment Law - Management
  • AV Rating by Martindale-Hubbell®
  • Ranked in Chambers USA, 2010 - 2015
    • Employment Law
    • Litigation: General Commercial
  • Included in Great Plains Super Lawyers®, 2007, 2009 - 2015
    • Named to Iowa Top 10 Attorneys by Super Lawyers®, 2014

Memberships

  • American Bar Association
  • Iowa State Bar Association
    • Litigation Section
    • Labor and Employment Section
  • Linn County Bar Association
  • American Board of Trial Advocates (ABOTA)
  • Iowa Academy of Trial Lawyers
  • Dean Mason Ladd American Inn of Court
  • Litigation Counsel of America
  • AGC Labor Lawyers Council
  • Transportation Lawyers Association
  • USLAW NETWORK, Inc.
 

Notable Matters

  • St. Malachy Roman Catholic Congregation of Geneseo, Illinois, et al. v Robert W. Baird & Co., Inc., et al, __N.W.2d __ (Iowa 2013)
    • Iowa Supreme Court applies duty to carry out transfers to intended beneficiaries to a decedent’s financial advisors as well as his lawyers
  • Jackson and Adams v CRST Expedited, Inc., No. LACV73594 (Ia. Dist. Ct. 2014)
    • Jury verdict against drivers on their public policy discharge claims and for employer on its counterclaims, including fee award
  • Front Range Equine Rescue, et al. v Tom Vilsack, Secretary U.S. Department of Agriculture, et al, No. 13-2187 (10th Cir. Dec. 13, 2013)
    • Court of Appeals denies animal rights activists’ efforts to enjoin Iowa equine abattoir entrepreneurs
  • Eastman v Homeland Energy Solutions, LLC, 837 N.W.2d 681 (Iowa App. 2013)
    • Iowa Court of Appeals refuses to extend public policy retaliation protection to employee who complained of ethanol plant’s director election proceedings
  • American Family Mutual Insurance Company v Hollander, 705 F.3d 339 (8th Cir. 2013)
    • Appellate court affirms $343,000 2011 jury verdict plus more than $300,000 in attorney fees and costs for defendant independent insurance agent sued by financial institution
  • Art’s Way Vessels, Inc., 358 NLRB No. 142 (2012)
    • NLRB adopts employer’s backpay measure, affirming ALJ decision rejecting Peoria Regional Director’s overreaching proposed measure
  • Robert F. Kazimour Co. v West Side Unlimited Corp., 820 N.W.2d 159 (Iowa App. 2012)
    • Court of Appeals affirms 2010 arbitration award in favor of defendant acquiring entity in failed merger
  • U.S. Bank, N.A., Executor of the Estate of Michael G. O’Donnell, Sr., Deceased, vs. Johnson Gas Appliance Company, Inc., No. LACV061704 (Ia. Dist. Ct. 2011)
    • District judge rejects exaggerated stock redemption value advanced by deceased shareholder’s expert and orders stock redemption to be specifically performed
  • EEOC v CRST, 670 F.3d 897, 679 F.3d 657 (8th Cir. 2012)
    • Appeals court vindicates district court’s summary judgment rulings rejecting EEOC systemic sex harassment claims and sets aside, without prejudice, a $4.5 million attorney fee award to prevailing defendant
  • 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, Inc., et al v Foremost Insurance Company, et al., 51 F. Supp.2d 983 (1998), aff’d, No. 98-2132 (8th Cir. May 14, 1999)
    • Iowa insurance agent twice obtains multi-million dollar judgment on fraud, contract, and trade secret theories against publicly owned insurance company, affirmed by appellate court
  • 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