Jay Eaton focuses primarily on complex commercial, environmental and anti-trust litigation and class actions, in federal and state courts. Jay also has defended federal and state government investigations and enforcement proceedings in a variety of areas, and has conducted internal corporate investigations. Jay's commercial and business cases include claims in the areas of business organizations and transactions, O and D and fiduciary liability, banking litigation, securities litigation, agribusiness, construction litigation at all levels, professional malpractice, fraud, business torts, government contracts, commercial transactions, and product safety and warranties. Jay also has experience in the areas of personal injury, product liability, and intellectual property litigation. Jay's environmental cases include both government and private party litigation, involving Superfund, CWA, CAA, EPCRA, RCRA, NRD, NPDES permitting, property damage, brownfields, and other environmental claims. Jay's antitrust cases cover a broad spectrum, including horizontal and vertical behavior, price discrimination and product distribution, and franchise claims. Jay has practiced civil litigation since graduating with distinction from the University of Iowa College of Law in 1971. Jay also serves as a neutral in mediating commercial and tort disputes. Significant Cases Following is a list of representative cases, alphabetically by type of claim: 3M (Minnesota, Mining and Manufacturing Company), Paige Williams; All Iowa Vending, Inc. v. 3M, No. LACV032291 (Iowa Dist. Ct.). Antitrust price fixing class action. Aventis, S.A., Aventis Animal Nutrition, S.A., Aventis Animal Nutrition, Inc., and Aventis CropScience USA; Farmers Coop. Elevator Co. v. Akzo Nobel, Inc., No. LACV 035453 (Iowa Dist. Ct.). Antitrust price fixing class action. Bayer Corporation; Anderson Contracting, Inc. v. Bayer AG, No. CL95959 (Iowa Dist. Ct.). Antitrust price fixing class action. Tanabe Seiyaku Co., Ltd. and Tanabe U.S.A., Inc.; Farmers Coop. Elevator Co. v. Akzo Nobel, Inc., No. LACV 035453 (Iowa Dist. Ct.). Antitrust price fixing class action. Giese Construction Company; Nuckoll's Concrete Servs., Inc. v. Giese, No. LACV 305818 (Iowa Dist. Ct.). Complex sale and purchase of businesses, real estate and uncompleted construction contracts in progress. Giese Counstruction Company; Martin Marietta Aggregates of Iowa, Inc. v. Pedersen, No. 16375-0697 (Iowa Dist. Ct.). Contracts, fraud and mining operations. Grinnell College; Advanced Techs. Corp. v. Grinnell Coll., No. LA 908 (Iowa Dist. Ct.). Complex construction disputes involving eight parties, including architect, construction manager, several general contractors and owner. City of West Des Moines; West Des Moines v. The Hanson Co., No. CL00083828 (Iowa Dist. Ct.). Construction and performance of fire station. AgriProcessors, Inc.; AgriProcessors, Inc. v. City of Postville, No. LACV 023460 (Iowa Dist. Ct.). Contract rescission and violation of open meeting statute. Vincent Metals; Vincent Metals v. Curran V. Nielsen Co., Inc., No. 56161 (Iowa Dist. Ct.). Complex contract claims involving 18 parties regarding construction and failures of laser laboratory facility. Allied Mutual Insurance; Rieff v. Evans, No. CE 35780 (Iowa Dist. Ct.). Special independent counsel for derivative class action claims involving misappropriations, fraud and breach of fiduciary duty. The Trane Co.; Dealership and franchise disputes. AgriProcessors, Inc.; United States EPA v. AgriProcessors, Inc., No. 2:04-CV-01050-LRR (N.D.Iowa). Environmental enforcement action (CWA, CAA, EPCRA, RCRA and NRD claims). Citizens First National Bank; United States EPA v. Citizens First Nat'l Bank as Trustee. Environmental enforcement action (Superfund). AgriProcessors, Inc.; City of Postville v. AgriProcessors, Inc., No. EQC023385 (Iowa Dist. Ct.). Environmental discharge (NPDES permit) claims. Amoco Oil Company; State of Iowa v. Amoco Oil Co. (over 100 filed actions). UST environmental contamination cases; global settlement with Iowa. Chevron Corporation; State of Iowa v. Chevron Corp. (over 30 filed actions). UST environmental contamination cases; global settlement with Iowa. Salsbury Chemicals, Inc.; Quad City Mech., Inc. v. Salsbury Chems., Inc., No. EQCV027046 (Iowa Dist. Ct.). Fraud and construction contract litigation. Grundy Mutual Insurance; State of Iowa v. Grundy Mutual Insurance. Government investigation and enforcement proceeding. Marshalltown Company; Marshalltown Trowel Co. v. Walton Tool Co., No. 4-98-cv-90565 (S.D.Iowa); Marshalltown Trowel Co. v. Wallboard Tool Co., No. 4-99-cv-90696 (S.D.Iowa). Intellectual property, patent and trademark infringement claims. Ideal Instruments, Inc.; Ideal Instruments, Inc. v. Rivard Instruments, Inc., No.3:05-cv-3079 (N.D.Iowa). Intellectual property, patent infringement. BP America, Inc.; City of Galva v. Amerada Hess Corp., No. 4:03-cv-90663 (S.D.Iowa). Products liability class action. Teledyne Continental Motors, Inc.; Crowley v. The New Piper Aircraft Corp. and Teledyne Cont'l Motors, Inc., No. LALA002464 (Iowa Dist. Ct.). Product warranty, tort and misrepresentation claims. Climax Molybdenum Co.; Boley v. Climax Molybdenum Co., No. 3-97-cv-80163 (S.D.Iowa). Tort and personal injury claims from toxic industrial smokestack emissions by 41 plaintiffs. Clear Lake Bank & Trust Co.; Clear Lake Bank & Trust Co. v. Olk (Iowa Dist. Ct.). Professional liability (accounting malpractice), fraud and breach of loan contracts. Gaylor Engineering; Siouxland Energy & Livestock Coop. v. Gaylor , No. CO2-4033MWB (N.D.Iowa). Professional liability (engineering malpractice) in design and construction management of ethanol plant. Stephen R. Grubb Construction, Inc.; Myers v. Top Drawer Dev., L.L.C., No. CL90134 (Iowa Dist. Ct.). Complex toxic mold, personal injury and contract claims involving thirteen parties. Special Recognition Best Lawyers, 2010-2012 Benchmark Leading Litigation Attorneys, 2009-2011 Martindale-Hubbell Rating AV® Preeminent Associations & Affiliations American Bar Association
House of Delegates, 2002-2006
Member Iowa State Bar Association
President, 1999-2000
President Elect, 1998-1999
Vice President, 1997-1998
Board of Governors, 1992-2001
Jury Instructions Committee, 1993-1998
Environmental and Natural Resources Law Section Council, 1994-1998
Trade Regulation Section Council, 1990-1992
Trade Regulation Committee, 1982-1987
Member Iowa State Bar Foundation
Fellow Polk County Bar Association
President, 1992-1993
Vice President, 1991-1992
Board of Directors, 1989-1997
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