Tom Walton is a shareholder of the firm and practices in the LitigationDepartment. Tom's practice areas include commercial, insurance defense, products liability, healthcare insurance, construction, and ERISA litigation. His diverse range of litigation in all forums has included products liability claims involving a variety of different products, toxic tort claims arising out of mass exposures, commercial litigation involving banks, insurance companies, securities broker/dealers, manufacturers, among several others, and all types of personal injury and tort defense work.

Tom graduated with high distinction and Order of the Coif from the University of Iowa in 1989.

Significant Cases

Commercial

Anderson v. First Albany Corp., No. 01-01232 (NASD February, 2003). Represented claimant in arbitration claim pursuant to NASD rules arising from untimely transfer of securities account and recovered losses.

Aviva USA. Represented annuity company in many actions alleging unsuitability and other claims arising from sale of annuities.

Bell v. Central Iowa Cooperative, No. 24259-0791 (February 1993). Obtained directed verdict in claim arising out of termination of agricultural services agreement.

Deere Credit Servs., Inc. v. Datascan Techs., L.L.C., No. 58-Y-117-00027-2 (AAA October, 2002). Represented Deere Credit in arbitration claim arising out of a breach of software development agreement for wholesale credit system.

Main Street LLC v. Seventh Inning Stretch, LLC. Obtained through commercial arbitration an adjustment to the purchase price for a minor league baseball team pursuant to the terms of an asset purchase agreement.

Mueller, et al. v. Wellmark, Inc.. Defended antitrust class action by healthcare providers against health insurer, resulting in summary judgment based upon regulatory exemption. On appeal.

Plastech Exterior Sys., Inc. v. Deere & Company, No. 51-Y-181-00140-00 (AAA June 2002). Defended Deere in multimillion-dollar claim for breach of parts supply agreement.

Rossi v. Leff and Heartland Inv. Assocs., Inc., No. 04-08727 (NASD June, 2006). Represented claimant in NASD arbitration claim alleging unsuitable investments and obtained six-figure arbitration award.

Smokey Mountain Homes, Inc. v. Deere Credit, Inc., No. 57-849-00044-99 (AAA September, 2000). Defended Deere Credit in claim arising from alleged wrongful termination of floor plan financing agreement and obtained defense verdict.

Toxic Torts

Boley, et. al. v. Clima Molybdenum, Co., No. 3:97-cv-80163 (S.D.Iowa June 1999). Defended claim by 40 plaintiffs alleging sulfur dioxide exposure from plant emissions.

Colquhoun, et al. v. West Central Coop., No. LACV 020150 (Iowa Dist. Ct. 2007) and Anderson, et al. v. West Central Coop., No. LACV 020129 (Iowa Dist. Ct. 2007). Defended claims of over 200 plaintiffs of toxic exposure to emissions of hydrochloric acid from plant and brought claims against plant engineer for breach of design-build contract.

Products Liability

Ganske v. Spahn & Rose Lumber Co., 580 N.W.2d 812 (Iowa 1998). Defended claim alleging cancer due to asbestos exposure. Iowa Supreme Court affirmed dismissal of plaintiff's claim on basis of exclusivity of workers' compensation.

Ranes v. Adams Labs., et al., Inc., 778 N.W. 24 677 (Iowa 2010). Defended pharmacy in matter alleging stroke due to ingestion of prescription drugs containing phenylpropanolamine, and obtained summary judgment based upon Daubert challenge to Plaintiff's expert toxicologist. Affirmed on appeal.

Health Care Insurance/ ERISA

Magellan Health Services, Inc. v. Highmark Life Insurance Company and Wellmark, Inc., 755 N.W.2d 506 (Iowa 2008). Represented health insurer in coordination of benefits dispute involving an ERISA group health plan and its stop-loss reinsurance carrier. Opinion established that statutory coordination of benefits provisions making state-mandated individual policies always secondary was not preempted by ERISA.

Promerica Managed Care, Inc. v. Wellmark, Inc., No. CV85804 (Iowa Dist. Ct. April, 2002). Defended and obtained dismissal of claims arising out of asset purchase agreement, and collected fees due pursuant to third party administrator agreement.

Tuel v. Wellmark Blue Cross Blue Shield of Iowa, No. 1:05-cv-00173 (N.D.Iowa March, 2007). Defended ERISA claim for benefits by plan member.

Construction

Des Moines Art Center v. Richard Meier & Partners Architects, LLP, Case No. 51-110-0433-91P (AAA). Defended architect in claim alleging improper design of art center.

Vincent Metals v. Curran V. Nielsen Co., Inc., No. 56161 (Iowa Dist. Ct.). Represented material subcontractor in claim on public improvement bond in action involving 18 parties regarding construction and failures of a laser laboratory facility.

Media

Iowa Newspaper Association. Serves as retained counsel for Association to provide timely legal advice to Iowa newspapers on issues involving defamation, open records, and related issues.

Special Recognition

Chambers USA, 2008-2012

Martindale-Hubbell Rating

AV® Preeminent

Academic Achievements

Order of the Coif

Iowa Law Scholar

Member, University of Iowa, National Mock Trial Team

International Academy of Trial Lawyers Award Recipient

American Jurisprudence Award (Constitutional Law)

Associations & Affiliations

American Bar Association

Iowa State Bar Association
Presenter, ISBA Annual Meeting, Toxic Torts Panel, June 2008
Chair, LAWPAC Committee, 2003-2006
Member, Judicial Administration Committee, 1998

Polk County Bar Association
Chair, Special Projects Committee, 1999

Iowa Defense Counsel Association

Defense Research Institute
Commercial Litigation Committee
Life, Health, and Disability Committee
Product Liability Committee

Community Involvement

Member by gubenatorial appointment, Criminal & Juvenile Planning Advisory Commissioin, 2010-13

Member, Public Safety Advisory Board, 2010

Board Chair, The Wallace House Foundation, 2003-2008

Board Chair, Evelyn Davis Early Learning Academy, 2003-2005

Member, Greater Des Moines Leadership Institute, 2002

President, Twenty-First Century Forum, 2001-2003