Kemin Foods, L.C., et. al. v. OmniActive, et. al.; Middle District of Florida, Case No. 8:07-cv-1308-T-33TGW. David Nelmark served as the lead associate in a case involving patent infringement, Lanham Act violations, and unfair competition. Drafted all briefs resulting in a denial of the motion to dismiss for lack of personal jurisdiction brought by an...

Pomeroy v. Turkle-Clark Environmental Consulting, L.C., et. al.; Iowa Court of Appeals Case No. 09-0560 David Nelmark served as lead counsel and secured a summary judgment ruling dismissing all of the plaintiff’s claims, which included wrongful termination, defamation, and tortious interference. Successfully defended the ruling on appeal. 2010 WL 625015 (Iowa Ct. App. Feb. 24,...

Hawkeye Foodservice Dist., Inc. v. Iowa Educators Corp., et. al.; Iowa Supreme Court, Case No. 08-2056. David Nelmark drafted all briefs and presented the oral argument in a case of first impression resulting in the reversal of the trial court’s dismissal of all of our client’s claims. 812 N.W.2d 600 (Iowa 2012).

CruiseCompete, LLC v. Smolinski & Assocs., Inc., et. al.; Southern District of Iowa, Case No. 4:11-cv-00490. David Nelmark served as lead counsel in a case involving breach of contract, trademark infringement, and violations of the Computer Fraud and Abuse Act. A confidential settlement was reached after successfully resisting the defendants’ motions to dismiss the case...

Pundt v. Select Portfolio Servicing, Inc., et. al.; Northern District of Iowa, Case No. 10-cv-159 David Nelmark deposed the plaintiff who had asserted claims under the Fair Credit Reporting Act and drafted the briefs leading to summary judgment for his client. 2012 WL 2312074 (N.D. Iowa June 18, 2012).

WMG Services, LLC v. IRE, LLC and Gavilon, LLC; Southern District of Iowa, Case No. 4:13-cv-426 David Nelmark served as lead counsel for the plaintiff in a dispute involving the biodiesel industry with multi-million dollar claims and counterclaims. Obtained a substantial settlement 10 days before the start of a federal bench trial.

Elson v. Koehlmoos; Polk County, Iowa, Case No. LACL 127671 David Nelmark served as lead counsel in an ongoing dispute between business partners involving claims and counterclaims for breach of contract and breach of fiduciary duty. Obtained two separate grants of summary judgment for the plaintiff and successfully defended the rulings on appeal. 867 N.W.2d...