CONCENTRATION
Jodie McDougal is a shareholder of the Davis Brown Law Firm and currently serves as Chair of the Firm's Insurance Defense Department, as well as the Chair of the Firm's Contingency Fee Committee.
Jodie has a general practice that includes torts, insurance defense, personal injury defense, professional liability and medical malpractice defense, and other defensive litigation; construction contracts and litigation; real estate development, contracts, and litigation; commercial/business litigation; probate/estate litigation; contract disputes; intellectual property litigation; landlord/tenant law and litigation; employment litigation; products liability litigation; finance/equipment lease law and litigation, lemon law litigation; creditor/debtor law and litigation; other collection actions and judgment enforcement; and appeals. She practices before both state and federal courts.
SUMMARY
Litigation
In her litigation practice, Jodie has tried several cases, both individually and with colleagues, in several practice areas. These trials included both bench and jury trials. Her trial successes include obtaining five and six-figure judgments in cases involving breach of a real estate contract, franchise agreement, or other contract; successfully obtaining judgments for her respective landlord/lesser-clients; successfully invalidating an attorney-in-fact's $225,000 attempted liquidation of a principal's funds shortly before the principal's death; and successfully defending a client in a consumer fraud action brought by the Iowa Attorney's General Office.
In her defense work - which includes torts and insurance defense, personal injury defense, commercial/business litigation, professional liability and medical malpractice defense, lemon law litigation, and creditor/debtor litigation - Jodie has obtained dismissals through summary judgment in numerous cases, including in cases of potentially very high exposure. In 2007, Jodie obtained summary judgment, which was affirmed on appeals to the Iowa Court of Appeals, in a $65 million suit brought by a local boxing promoter against her client, a Las Vegas boxing manager (Capital Promotions, L.L.C. v. Baxter, 2008 Iowa App. LEXIS 1200 (Iowa App. 2008)). In 2009, Jodie obtained summary judgment on six counts in defense of a $150 million suit brought against her client, a Fortune 500 company. Finally, in her medical malpractice defense work, Jodie has obtained complete dismissals of numerous medical malpractice lawsuits brought against her clients through motions for summary judgment. She has also worked with medical facilities to implement policy and/or practice changes in their medical care of patients.
Construction Law
In the area of construction law, Jodie and the Davis Brown Law Firm have represented general contractors, architects, subcontractors/material suppliers, and others within the construction industry, as well as homeowners and other property owners. Jodie's work in her construction matters has involved both private and public construction projects; litigating cases that include allegations of negligent work and defective products; warranty claims; enforcement of contract rights; collection matters; mechanic's lien issues; claims under Chapter 573; and various other construction disputes.
Throughout 2012, Jodie will regularly speak on Iowa's new Mechanic's Lien Law and otherwise educate her clients on this new law, which will take effect on January 1, 2013. Among the law's major changes, the state will implement a mandatory, centralized online/internet filing system for all preliminary notices and mechanic's liens, and there will be new preliminary notice requirements for many general contractors and subcontractors/suppliers on residential projects, including a "Notice of Commencement" that must be filed by general contractors (utilizing subcontractors/suppliers) within ten (10) days of the commencement of the construction of each and every residential project.
Real Estate and Landlord/Tenant Law
In the area of real estate, Jodie has tried multiple cases, representing both plaintiffs and defendants, and has successfully settled a countless number of other cases. Further, Jodie has regularly worked with clients in drafting real estate and construction-related contracts. She has assisted buyers, sellers, and developers with their legal needs, and her work has involved private and public real estate projects; breach of purchase agreement disputes; obligations of realtors and other realtor issues; mandatory seller disclosures; nuisance actions and other disputes involving municipalities; enforcement of installment contracts; homeowner association issues; and other real estate issues.
Jodie regularly works in the area of residential landlord/tenant law and commercial lessor/lessee law, and has tried various residential landlord/tenants disputes, generally representing the landlord or property owner/manager. She has also assisted several landlords in drafting leases, implementing rules and regulations, and resolving the various tenant issues that arise, and has assisted commercial tenants/lessees with their various legal matters.
Employment Law
In the area of employment law, Jodie has obtained summary judgment on multiple instances in defending an employer against a discrimination, retaliation, or wrongful termination claim. Jodie has also worked with numerous human resource managers/departments in implementing various employment policies.
Jodie has represented numerous Fortune 500 companies, including national insurance companies, an automobile manufacturer, pharmaceutical company, national banks and financial institutions, agricultural company and an information technology company. Jodie has also represented many local and/or national medical facilities, construction and real estate- related companies, agricultural companies, and other companies, as well as individuals across the state.
ACADEMICS
Jodie graduated valedictorian from Ankeny High School. She earned her bachelor's degree in political science from Iowa State University in 2001, graduating in the top 2% of her class.
Jodie graduated cum laude and in the top 15% of her class from the University of Arizona in May of 2004.
COMMUNITY
Jodie has served on the Board of Directors for the Girl Scouts of Greater Iowa since 2010 and serves on several committees within the organization, including the bylaws committee and committees relating to the sale/lease of multiple GSGI properties around the state.
Jodie has participated in Drake Law School's mock interviews on multiple occasions and has otherwise engaged in informal mentoring of law students. Jodie also worked in the Project SOAR Mentor Program, mentoring at-risk children 5 to 10 hours a week for three years (2001-2003). Jodie has also volunteered at certain times for the Leukemia Society of America, Make a Wish Foundation and Ruth Harbor.
MEMBERSHIPS
Jodie is currently a member of the Iowa Defense Counsel Association, Iowa State Bar Association, Polk County Bar Association, Polk County Women Attorneys, Iowa Intellectual Property Law Association, and Iowa Organization of Women Attorneys.
Jodie is also a member of the Home Builders Association of Greater Des Moines, as well as their affiliated groups - the HBA of Iowa and the National Association of Home Builders.
PUBLICATIONS, SPEECHES AND SEMINARS
Jodie speaks each year at the firm's Employment and Labor Law Seminar on various topics, including the ADA, FMLA, document retention, interviewing and hiring of employees, harassment related issues, and best practices for employers. Jodie has also spoken to organizations and groups on various issues, including real estate issues, construction law issues, collection actions, and issues relating to the attorney-client privilege and work product doctrine.
· Reminders & Practice Pointers RE: Mechanic's Liens, HBA Remodeler's Council, Feb. 2012.
RESOURCES
NEW LAW MEANS MAJOR CHANGES TO IOWA'S MECHANIC'S LIEN SYSTEM
04/27/2012
POP QUIZ FOR BUILDERS, REMODELERS & SUBS: LEGAL ISSUES IN RESIDENTIAL CONSTRUCTION
02/27/2012
REMINDERS & PRACTICE POINTERS RE: MECHANIC'S LIENS
02/24/2012
2011 CASES INVOLVING MECHANIC'S LIENS
02/23/2012
JODIE CLARK MCDOUGAL ACCEPTED AS A MEMBER OF THE HOMES BUILDERS ASSOCIATION OF GREATER DES MOINES
08/12/2011
JODIE CLARK MCDOUGAL ELECTED SHAREHOLDER
01/01/2010
ARTICLES
Iowa Appellate Court Recognizes New Cause of Action for Homeowners Against Builders
MEMBERSHIPS
IOWA DEFENSE COUNSEL ASSOCIATION
IOWA INTELLECTUAL PROPERTY LAW ASSOCIATION
IOWA ORGANIZATION OF WOMEN ATTORNEYS IOWA STATE BAR ASSOCIATION POLK COUNTY BAR ASSOCIATION
POLK COUNTY WOMEN ATTORNEYS